senger 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 Transpor-
tation shall establish a working group— 
(1) to identify obstacles to attracting and main-
taining air transportation service to and from small 
communities; and 
(2) to develop recommendations for maintaining 
and improving air transportation service to and from 
small communities. 
(b) OUTREACH.—In carrying out subsection (a), the 
working group shall consult with— 
(1) interested Governors; 
(2) representatives of State and local agencies, 
and other officials and groups, representing rural 
States and other rural areas; 
(3) other representatives of relevant State and 
local agencies; and
(4) members of the public with experience in 
aviation safety, pilot training, economic development, 
and related issues. 
(c) CONSIDERATIONS.—In carrying out subsection (a), 
the working group shall— 
(1) consider whether funding for, and the terms 
of, current or potential new programs are sufficient 
to help ensure continuation of or improvement to air 
transportation service to small communities, includ-
ing 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 trans-
portation 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, afford-
able air transportation service; 
(4) identify innovative State or local efforts that 
have established public-private partnerships that are 
successful in attracting and retaining air transpor-
tation 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 commu-
nities. 
(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 par-
ticipants in the outreach under subsection (b); 
(2) a description of the working group’s findings, 
including the identification of any areas of general
consensus among the non-Federal participants in the 
outreach under subsection (b); and 
(3) any recommendations for legislative or regu-
latory 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 com-
puted 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 sec-
tion 2109(1)(A)(i); 
‘‘(2) a first level supervisor of an air traffic con-
troller 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 per-
cent of the individual’s average pay by the years of such 
service.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be deemed to be effective on December 12, 
2003. 
(c) PROCEDURES REQUIRED.—The Director of the Of-
fice of Personnel Management shall establish such proce-
dures 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 annu-
itants; 
(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 annu-
itant equal to the additional total benefit amount that 
such annuitant would have received had the amend-
ment made by subsection (a) been in effect on Decem-
ber 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 for-
eign air carrier to promptly provide to a passenger an 
automated refund for any ancillary fees paid by the pas-
senger 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 bag-
gage. 
(b) EXCEPTION.—If, as part of the rulemaking, the 
Secretary makes a determination on the record that a re-
quirement 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 sub-
section (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 do-
mestic flight; and 
(2) the deadline relating to an international 
flight may not exceed 30 hours after the arrival of the 
international flight. 
SEC. 2306. CONTRACT WEATHER OBSERVERS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall submit to the appropriate
committees of Congress a report, which includes public and 
stakeholder input— 
(1) examining the safety risks, hazard effects, 
and efficiency and operational effects for airports, 
airlines, and other stakeholders that could result from 
a loss of contract weather observer service at the 57 
airports targeted for the loss of the service; 
(2) detailing how the Federal Aviation Adminis-
tration will accurately report rapidly changing severe 
weather conditions at the airports, including thunder-
storms, 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 ap-
plicable Federal Aviation Administration orders gov-
erning weather observations given the current docu-
mented 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 con-
tract weather observer program. 
(b) CONTINUED USE OF CONTRACT WEATHER OB-
SERVERS.—The Administrator may not discontinue the
contract weather observer program at any airport until Oc-
tober 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 Fed-
eral Aviation Administration shall issue or revise regula-
tions to ensure that an individual may operate as pilot in 
command of a covered aircraft if— 
(1) the individual possesses a valid driver’s li-
cense issued by a State, territory, or possession of the 
United States and complies with all medical require-
ments 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 indi-
vidual— 
(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 med-
ical certification submitted to the Federal Aviation 
Administration by the individual cannot have been 
completed and denied; 
(5) the individual has completed a medical edu-
cation course described in subsection (c) during the 24 
calendar months before acting as pilot in command of 
a covered aircraft and demonstrates proof of comple-
tion of the course; 
(6) the individual, when serving as a pilot in 
command, is under the care and treatment of a physi-
cian 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 indi-
vidual—
(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 comprehen-
sive medical examination in accordance with the 
checklist described in subsection (b), checking 
each item specified during the examination and 
addressing, as medically appropriate, every med-
ical 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 exceed-
ing 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 com-
prehensive medical examination required in sub-
section (a)(7). 
(2) REQUIREMENTS.—The checklist shall con-
tain— 
(A) a section, for the individual to complete 
that contains— 
(i) boxes 3 through 13 and boxes 16 
through 19 of the Federal Aviation Admin-
istration 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 Fed-
eral Aviation Administration regula-
tions from acting as pilot in command, 
or any other capacity as a required 
flight crew member, if he or she knows 
or has reason to know of any medical 
deficiency or medically disqualifying 
condition that would make the indi-
vidual unable to operate the aircraft in 
a safe manner; and 
(III) the individual is aware of 
the regulations pertaining to the prohi-
bition on operations during medical 
deficiency and has no medically dis-
qualifying conditions in accordance 
with applicable law; 
(B) a section with instructions for the indi-
vidual 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 (per-
foration); 
(IV) 
eyes 
(general), 
ophthalmoscopic, pupils (equality and 
reaction), and ocular motility (associ-
ated parallel movement, nystagmus); 
(V) lungs and chest (not including 
breast examination); 
(VI) heart (precordial activity, 
rhythm, sounds, and murmurs); 
(VII) vascular system (pulse, am-
plitude, and character, and arms, legs, 
and others); 
(VIII) abdomen and viscera (in-
cluding 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 musculo-
skeletal; 
(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 physi-
cian, in his or her medical judgment, 
considers necessary;
(ii) to exercise medical discretion to 
address, as medically appropriate, any 
medical conditions identified, and to exer-
cise medical discretion in determining 
whether any medical tests are warranted as 
part of the comprehensive medical examina-
tion; 
(iii) to discuss all drugs the individual 
reports taking (prescription and non-
prescription) 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 ex-
amination, discussed any medications the 
individual is taking that could interfere 
with their ability to safely operate an air-
craft or motor vehicle, and performed an ex-
amination 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 comprehen-
sive medical examination was completed, 
and the physician’s full name, address, tele-
phone number, and State medical license 
number. 
(3) LOGBOOK.—The completed checklist shall be 
retained in the individual’s logbook and made avail-
able 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 co-
ordination with representatives of relevant nonprofit 
and not-for-profit general aviation stakeholder groups; 
(3) educate pilots on conducting medical self-as-
sessments; 
(4) advise pilots on identifying warning signs of 
potential serious medical conditions; 
(5) identify risk mitigation strategies for med-
ical conditions; 
(6) increase awareness of the impacts of poten-
tially 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 defi-
ciency and medically disqualifying conditions; 
(9) provide the checklist developed by the Federal 
Aviation Administration in accordance with sub-
section (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 med-
ical education course, which shall be printed and 
retained in the individual’s logbook and made 
available upon request, and shall contain the in-
dividual’s name, address, and airman certificate 
number; 
(B) subject to subsection (d), a release au-
thorizing 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 driv-
ing record; 
(C) a certification by the individual that 
the individual is under the care and treatment
of a physician if the individual has been diag-
nosed with any medical condition that may im-
pact the ability of the individual to fly, as re-
quired under subsection (a)(6); 
(D) a form that includes— 
(i) the name, address, telephone num-
ber, and airman certificate number of the 
individual; 
(ii) the name, address, telephone num-
ber, 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 re-
quired 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 stat-
ing: ‘‘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 man-
ner.’’. 
(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 quali-
fied 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 Author-
ization 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, hal-
lucinations, grossly bizarre or disorga-
nized behavior, or other commonly ac-
cepted symptoms of psychosis; or 
(II) may reasonably be expected to 
manifest 
delusions, 
hallucinations, 
grossly bizarre or disorganized behav-
ior, or other commonly accepted symp-
toms 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 with-
out satisfactory medical explanation of the 
cause.
(iii) A transient loss of control of nerv-
ous system functions without satisfactory 
medical explanation of the cause. 
(C) A cardiovascular condition, limited to a 
one-time special issuance for each diagnosis of 
the following: 
(i) Myocardial infraction. 
(ii) Coronary heart disease that has re-
quired treatment. 
(iii) Cardiac valve replacement. 
(iv) Heart replacement. 
(2) SPECIAL RULE FOR CARDIOVASCULAR CONDI-
TIONS.—In the case of an individual with a cardio-
vascular condition, the process for obtaining an Au-
thorization for Special Issuance of a Medical Certifi-
cate shall be satisfied with the successful completion 
of an appropriate clinical evaluation without a man-
datory wait period. 
(3) SPECIAL RULE FOR MENTAL HEALTH CONDI-
TIONS.— 
(A) IN GENERAL.—In the case of an indi-
vidual with a clinically diagnosed mental health 
condition, the third-class medical certificate ex-
emption under subsection (a) shall not apply 
if—
(i) in the judgment of the individual’s 
State-licensed medical specialist, the condi-
tion— 
(I) renders the individual unable 
to safely perform the duties or exercise 
the airman privileges described in sub-
section (a)(8); or 
(II) may reasonably be expected to 
make the individual unable to perform 
the duties or exercise the privileges de-
scribed 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 condi-
tion. 
(B) CERTIFICATION.—Subject to subpara-
graph (A), an individual clinically diagnosed 
with a mental health condition shall certify 
every 2 years, in conjunction with the certifi-
cation under subsection (c)(10)(C), that the indi-
vidual is under the care of a State-licensed med-
ical specialist for that mental health condition. 
(4) SPECIAL RULE FOR NEUROLOGICAL CONDI-
TIONS.—
(A) IN GENERAL.—In the case of an indi-
vidual with a clinically diagnosed neurological 
condition, the third-class medical certificate ex-
emption under subsection (a) shall not apply 
if— 
(i) in the judgment of the individual’s 
State-licensed medical specialist, the condi-
tion— 
(I) renders the individual unable 
to safely perform the duties or exercise 
the airman privileges described in sub-
section (a)(8); or 
(II) may reasonably be expected to 
make the individual unable to perform 
the duties or exercise the privileges de-
scribed 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 condi-
tion. 
(B) CERTIFICATION.—Subject to subpara-
graph (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 spe-
cialist for that neurological condition. 
(f) IDENTIFICATION OF ADDITIONAL MEDICAL CONDI-
TIONS 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 condi-
tions that could be added to the program known as 
the Conditions AMEs Can Issue (CACI) program. 
(2) CONSULTATIONS.—In carrying out para-
graph (1), the Administrator shall consult with avia-
tion, medical, and union stakeholders. 
(3) REPORT
REQUIRED.—Not later than 180 
days after the date of enactment of this Act, the Ad-
ministrator shall submit to the appropriate commit-
tees of Congress a report listing the medical condi-
tions 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 im-
plement procedures to expedite the process for obtain-
ing an Authorization for Special Issuance of a Med-
ical Certificate under section 67.401 of title 14, Code 
of Federal Regulations.
(2) CONSULTATIONS.—In carrying out para-
graph (1), the Administrator shall consult with avia-
tion, medical, and union stakeholders. 
(3) REPORT REQUIRED.—Not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall submit to the appropriate committees of 
Congress a report describing how the procedures im-
plemented 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 co-
ordination 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 re-
spect to changes in small aircraft activity and safety inci-
dents. 
(i) PROHIBITION ON ENFORCEMENT ACTIONS.—Begin-
ning 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 applica-
ble requirements under subsection (a), except paragraph (5) 
of that subsection, unless the Administrator has published 
final regulations in the Federal Register under that sub-
section. 
(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 re-
quirements covered in this section do not apply to pilots 
who elect to operate under the medical requirements under 
subsection (b) or subsection (c) of section 61.23 of title 14, 
Code of Federal Regulations. 
(l) AUTHORITY TO REQUIRE ADDITIONAL INFORMA-
TION.— 
(1) IN GENERAL.—If the Administrator receives 
credible or urgent information, including from the 
National Driver Register or the Administrator’s Safe-
ty 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 Admin-
istrator 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 pro-
vide 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 sub-
paragraph (D); 
(2) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(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 ‘‘sub-
paragraphs (A) and (B)’’ and inserting ‘‘subpara-
graphs (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 ‘ex-
cessive 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 Transpor-
tation shall issue regulations and take other actions nec-
essary 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 en-
able a child, who is age 13 or under on the date an applica-
ble flight is scheduled to occur, to be seated in a seat adja-
cent to the seat of an accompanying family member over 
the age of 13, to the maximum extent practicable and at 
no additional cost, except when assignment to an adjacent 
seat would require an upgrade to another cabin class or 
a seat with extra legroom or seat pitch for which additional 
payment is normally required. 
(b) EFFECT
ON AIRLINE BOARDING
AND SEATING 
POLICIES.—When considering any new policy under this 
section, the Secretary shall consider the traditional seating 
and boarding policies of air carriers providing scheduled 
passenger interstate or intrastate air transportation and 
whether those policies generally allow families to sit to-
gether. 
(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 intra-
state air transportation that has an open or flexible seating
policy in place that generally allows adjacent family seat-
ing 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 
‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation 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 imple-
mented by the Transportation Security Administra-
tion 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 Trans-
portation 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 pub-
lish PreCheck Program enrollment standards that add mul-
tiple 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, tab-
lets, or staffed laptop stations at which individuals can 
apply for entry into the program. 
(b) 
REQUIREMENTS.—Upon 
publication 
of 
the 
PreCheck Program enrollment standards under subsection 
(a), the Administrator shall— 
(1) coordinate with interested parties— 
(A) to deploy TSA-approved ready-to-mar-
ket 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 enroll-
ment opportunities; 
(2) partner with the private sector to collect bio-
graphic and biometric identification information via 
kiosks, mobile devices, or other mobile enrollment 
platforms to increase enrollment flexibility and mini-
mize the amount of travel to enrollment centers for 
applicants; 
(3) ensure that any information, including bio-
graphic 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, in-
cluding that any personally identifiable informa-
tion is collected, retained, used, and shared in a 
manner consistent with section 552a of title 5, 
United States Code (commonly known as ‘‘Pri-
vacy Act of 1974’’), and with agency regulations; 
(4) ensure that the enrollment process is stream-
lined 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 finger-
print-based criminal history records check is evalu-
ated and certified by the Secretary of Homeland Se-
curity, 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 re-
spect 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 infor-
mation 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 asso-
ciated 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 pro-
gram, for such fiscal year, and recommendations for 
using such fees to support marketing of the program. 
(d) IDENTITY
VERIFICATION
ENHANCEMENT.—Not 
later than 120 days after the date of enactment of this Act, 
the Administrator shall— 
(1) coordinate with the heads of appropriate 
components of the Department to leverage Depart-
ment-held data and technologies to verify the citizen-
ship of individuals enrolling in the PreCheck Pro-
gram; 
(2) partner with the private sector to use bio-
metrics and authentication standards, such as rel-
evant 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 back-
ground 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 indi-
viduals enrolled in the PreCheck Program; and 
(2) make every practicable effort to provide expe-
dited 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 PARTICI-
PANTS.—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 proc-
ess for the PreCheck Program, including determining 
whether subjecting PreCheck Program participants to re-
current 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 En-
hanced 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 con-
duct 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 fol-
lowing: 
(1) The level of coordination and cooperation be-
tween 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 capa-
bilities of the country in which such airport is lo-
cated. 
(3) The number of known or suspected terrorists 
annually transiting through such airport. 
(4) The degree to which the foreign government 
of the country in which such airport is located man-
dates, 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 sub-
mit to Congress and the Government Accountability Office 
a plan— 
(1) to enhance and bolster security collaboration, 
coordination, and information sharing relating to se-
curing international-inbound aviation between the 
United States and domestic and foreign partners, in-
cluding 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 air-
ports, including airports that may not have nonstop 
flights to the United States but are nonetheless deter-
mined 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 for-
eign government entity that permits TSA representa-
tives 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 effec-
tively 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, in-
telligence-driven manner. 
SEC. 3204. DONATION OF SCREENING EQUIPMENT TO PRO-
TECT 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 rea-
sonably 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 dona-
tion of security screening equipment pursuant to subsection 
(a), the Administrator shall provide to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs and the Committee on Commerce, Science, and Trans-
portation 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 se-
curity screening equipment to mitigate such vulner-
ability. 
(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 secu-
rity 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 commen-
surate with the level of security required by United States 
air cargo security programs. 
(b) APPROVAL AND RECOGNITION.— 
(1) IN GENERAL.—If the Administrator deter-
mines that a foreign country’s air cargo security pro-
gram evaluated under subsection (a) provides a level 
of security commensurate with the level of security re-
quired by United States air cargo security programs, 
the Administrator shall approve and officially recog-
nize such foreign country’s air cargo security pro-
gram. 
(2) EFFECT OF APPROVAL AND RECOGNITION.— 
If the Administrator approves and officially recog-
nizes 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 secu-
rity programs that would otherwise be applicable. 
(c) REVOCATION AND SUSPENSION.—
100 
(1) IN GENERAL.—If the Administrator deter-
mines 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 se-
curity commensurate with the level of security re-
quired 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 re-
quired by such United States air cargo security pro-
grams. 
(2) NOTIFICATION.—If the Administrator revokes 
or suspends pursuant to paragraph (1) a foreign 
country’s air cargo security program, the Adminis-
trator shall notify the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate not later than 30 days after such revoca-
tion or suspension. 
(d) APPLICATION.—This section shall apply irrespec-
tive of whether cargo is transported on an aircraft of an 
air carrier, a foreign air carrier, a cargo carrier, or a for-
eign cargo carrier.
101 
SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DE-
VELOPMENT. 
(a) IN GENERAL.—The Administrator shall establish 
an international training and capacity development pro-
gram to train the appropriate authorities of foreign govern-
ments in air transportation security. 
(b) CONTENTS OF TRAINING.—If the Administrator de-
termines that a foreign government would benefit from 
training and capacity development assistance pursuant to 
subsection (a), the Administrator may provide to the appro-
priate authorities of such foreign government technical as-
sistance and training programs to strengthen aviation secu-
rity in managerial, operational, and technical areas, in-
cluding— 
(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.
102 
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 avia-
tion 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 nec-
essary 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 Ad-
ministrator shall include the use of canine explosives detec-
tion teams and technology to assist screeners conducting se-
curity checks.
103 
(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 op-
erations, 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 Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate on the results of such review. 
SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RE-
SOURCES. 
(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 func-
tions and that other TSA personnel who may not have cer-
tification and training to screen passengers or baggage are 
utilized for tasks not directly related to security screening,
104 
including restocking bins and providing instructions and 
support to passengers in security lines. 
(b) ASSESSMENT AND REASSIGNMENT.—The Adminis-
trator shall conduct an assessment of headquarters per-
sonnel and reassign appropriate personnel to assist with 
airport security screening activities on a permanent or tem-
porary 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, includ-
ing the verification of traveler documents, particu-
larly at designated PreCheck Program lanes to ensure 
that such lanes are operational for use and maximum 
efficiency. 
(2) Make every practicable effort to grant addi-
tional 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.
105 
(3) Disseminate to aviation security stakeholders 
and appropriate TSA personnel a list of checkpoint 
optimization best practices. 
(4) Request the Aviation Security Advisory Com-
mittee (established pursuant to section 44946 of title 
49, United States Code) provide recommendations on 
best practices for checkpoint security operations opti-
mization. 
(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 co-
ordinate 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 rec-
ommendations to the Administrator on Transpor-
tation Security Officer staffing numbers, for each 
such airport; and 
(2) certify to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate that such staffing advisory working groups 
have been established.
106 
(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 Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate regarding how the TSA’s Passenger 
Screening Canine assets may be deployed and utilized 
for maximum efficiency to mitigate risk and optimize 
checkpoint operations; and 
(2) report to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate on the status of the TSA’s Credential Au-
thentication Technology Assessment program and how 
deployment of such program might optimize check-
point operations. 
SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED. 
For purposes of this subtitle, the term ‘‘aviation secu-
rity stakeholders’’ shall mean, at a minimum, air carriers, 
airport operators, and labor organizations representing 
Transportation Security Officers or, where applicable, con-
tract screeners.
107 
SEC. 3306. RULE OF CONSTRUCTION. 
Nothing in this subtitle may be construed as author-
izing 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
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ 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 Avia-
tion 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 Regula-
tions, or any successor regulation to such section.
108 
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 Adminis-
trator shall conduct or update an assessment to deter-
mine the level of risk posed to the domestic air trans-
portation system by individuals with unescorted ac-
cess 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 updat-
ing the assessment under paragraph (1), the Adminis-
trator shall consider— 
(A) domestic intelligence; 
(B) international intelligence; 
(C) the vulnerabilities associated with 
unescorted access authority granted to domestic 
airport operators and air carriers, and their 
workers; 
(D) the vulnerabilities associated with 
unescorted access authority granted to foreign 
airport operators and air carriers, and their 
workers; 
(E) the processes and practices designed to 
mitigate the vulnerabilities associated with
109 
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 do-
mestic 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 envi-
ronment 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.
110 
(2) CONSIDERATIONS.—As part of the update 
under paragraph (1), the Administrator shall con-
sider— 
(A) increased fines and advanced oversight 
for airport operators that report missing more 
than five percent of credentials for unescorted ac-
cess 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
111 
(F) a method for termination by the em-
ployer of any airport worker who fails to report 
in a timely manner missing credentials for 
unescorted access to any SIDA of an airport. 
(b) TEMPORARY CREDENTIALS.—The Administrator 
may encourage the issuance by airports and aircraft opera-
tors of free, one-time, 24-hour temporary credentials for 
workers who have reported, in a timely manner, their cre-
dentials missing, but not permanently lost, stolen, or de-
stroyed, until replacement of credentials under section 
1542.211 of title 49 Code of Federal Regulations is nec-
essary. 
(c) NOTIFICATION AND REPORT TO CONGRESS.—The 
Administrator shall— 
(1) notify the appropriate congressional commit-
tees 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 com-
mittees 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.
112 
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 place-
ment 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 Adminis-
trator shall— 
(A) issue guidance for transportation secu-
rity inspectors to annually review the procedures 
of airport operators and air carriers for appli-
cants seeking unescorted access to any SIDA of 
an airport; and 
(B) make available to airport operators and 
air carriers information on identifying sus-
picious 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.
113 
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 eligi-
bility requirements and disqualifying criminal of-
fenses for individuals seeking or having unescorted ac-
cess to any SIDA of an airport. 
(2) DISQUALIFYING CRIMINAL OFFENSES.—In re-
vising the regulations under paragraph (1), the Ad-
ministrator shall consider adding to the list of dis-
qualifying criminal offenses and criteria the offenses 
and criteria listed in section 122.183(a)(4) of title 19, 
Code of Federal Regulations and section 1572.103 of 
title 49, Code of Federal Regulations. 
(3) WAIVER
PROCESS
FOR
DENIED
CREDEN-
TIALS.—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 cre-
114 
dentials 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 prac-
ticable— 
(i) the circumstances of any disquali-
fying 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 avia-
tion security warranting denial of the cre-
dential; 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 insan-
ity, 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 be-
fore the date of the individual’s application.
115 
(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 air-
port or aircraft operator that the individual un-
derstands 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 con-
gressional committees a report on the status of the re-
vision 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 avia-
tion 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 Adminis-
trator and the Director of the Federal Bureau of In-
vestigation shall fully implement the Rap Back serv-
116 
ice for recurrent vetting of eligible TSA-regulated 
populations of individuals with unescorted access to 
any SIDA of an airport. 
(2) REQUIREMENTS.—As part of the requirement 
in paragraph (1), the Administrator shall ensure 
that— 
(A) any status notifications the TSA re-
ceives through the Rap Back service about crimi-
nal offenses be limited to only disqualifying 
criminal offenses in accordance with the regula-
tions promulgated by the TSA under section 
44903 of title 49, United States Code, or other 
Federal law; and 
(B) any information received by the Ad-
ministration through the Rap Back service is 
provided directly and immediately to the rel-
evant 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 Intel-
117 
ligence shall coordinate to ensure that the Administrator 
is authorized to receive automated, real-time access to addi-
tional Terrorist Identities Datamart Environment (TIDE) 
data and any other terrorism-related category codes to im-
prove the effectiveness of the TSA’s credential vetting pro-
gram 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 Sys-
tematic Alien Verification for Entitlements (SAVE) auto-
mated 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 con-
sider— 
(1) adherence to access point procedures; 
(2) proper use of credentials;
118 
(3) differences in access point requirements be-
tween 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 de-
velop a model and best practices for unescorted access secu-
rity that— 
(1) use intelligence, scientific algorithms, and 
risk-based factors; 
(2) ensure integrity, accountability, and control; 
(3) subject airport workers to random physical 
security inspections conducted by TSA representatives 
in accordance with this section; 
(4) appropriately manage the number of SIDA 
access points to improve supervision of and reduce 
unauthorized access to SIDAs; and 
(5) include validation of identification mate-
rials, such as with biometrics.
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(b) INSPECTIONS.—Consistent with a risk-based secu-
rity 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 ac-
cess point to— 
(1) verify the credentials of such airport workers; 
(2) determine whether such airport workers pos-
sess prohibited items, except for those items that may 
be necessary for the performance of such airport work-
ers’ duties, as appropriate, in any SIDA of an air-
port; and 
(3) verify whether such airport workers are fol-
lowing appropriate procedures to access any SIDA of 
an airport. 
(c) SCREENING REVIEW.— 
(1) IN GENERAL.—The Administrator shall con-
duct a review of airports that have implemented addi-
tional 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, in-
cluding vehicles;
120 
(C) enhanced fencing or perimeter sensors; 
and 
(D) any additional airport worker screen-
ing or perimeter security measures the Adminis-
trator identifies. 
(2) BEST PRACTICES.—After completing the re-
view under paragraph (1), the Administrator shall— 
(A) identify best practices for additional ac-
cess control and airport worker security at air-
ports; 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 air-
port 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 con-
duct red-team, covert testing of airport access controls to 
the SIDAs of airports.
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(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 con-
gressional committees a report on the progress to ex-
pand the use of inspections and of red-team, covert 
testing under subsection (a). 
(2) INSPECTOR
GENERAL
REPORT.—Not later 
than 180 days after the date of the enactment of this 
Act, the Inspector General of the Department of 
Homeland Security shall submit to the appropriate 
congressional committees a report on the effectiveness 
of airport access controls to the SIDAs of airports 
based on red-team, covert testing under subsection (b). 
SEC. 3409. SECURITY DIRECTIVES. 
(a) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act and annually thereafter, the 
Administrator, in consultation with the appropriate regu-
lated entities, shall conduct a comprehensive review of every 
current security directive addressed to any regulated entity 
to— 
(1) determine whether each such security direc-
tive continues to be relevant;
122 
(2) determine whether such security directives 
should be streamlined or consolidated to most effi-
ciently maximize risk reduction; and 
(3) update, consolidate, or revoke any security 
directive as necessary. 
(b) NOTICE.—For each security directive that the Ad-
ministrator issues, the Administrator shall submit to the 
appropriate congressional committees notice of— 
(1) the extent to which each such security direc-
tive responds to a specific threat, security threat as-
sessment, or emergency situation against civil avia-
tion; and 
(2) when it is anticipated that each such secu-
rity 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 re-
quirements under sections 3402 through 3409 of this 
subtitle; and 
(2) report to the appropriate congressional com-
mittees on the results of the assessment under para-
graph (1), including any recommendations.
123 
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 suc-
cessor 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 ‘‘para-
graph (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 re-
quest the Aviation Security Advisory Committee (estab-
lished 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 Avia-
tion Security Advisory Committee shall consider— 
(1) the configuration of a checkpoint; 
(2) technology innovation;
124 
(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 Com-
merce, 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 in-
crease efficiency and reduce vulnerabilities in airport ter-
minals, particularly at airports that have large open areas 
at which screening is conducted.
125 
(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 secu-
rity systems expeditiously; and 
(2) give priority to an airport that— 
(A) submits a proposal that seeks Federal 
funding for reconfiguration of such airport’s se-
curity systems; 
(B) has the space needed to reduce 
vulnerabilities and reconfigure existing security 
systems; and 
(C) is able to enter into a cost-sharing ar-
rangement with the TSA under which such air-
port will provided funding towards the cost of 
such pilot program. 
SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND 
TESTING OF PROTOTYPES FOR AIRPORT SE-
CURITY SYSTEMS. 
(a) IN GENERAL.—The Administrator shall establish 
a pilot program at three airports to develop and test proto-
types of screening security systems and security checkpoint 
configurations that are intended to expedite the movement
126 
of passengers by deploying a range of technologies, includ-
ing passive and active systems, new types of security bag-
gage 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 secu-
rity systems; 
(B) has the space needed to reduce 
vulnerabilities and reconfigure existing security 
systems; and 
(C) is able to enter into a cost-sharing ar-
rangement with the TSA under which such air-
port will provided funding towards the cost of 
such pilot program.
127 
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 pro-
grams established under sections 3502 and 3503 of this sub-
title. 
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 ADMINIS-
TRATION. 
The Administrator, in carrying out the functions of 
the pilot programs established under sections 3502 and 
3503 of this subtitle, may accept services, supplies, equip-
ment, personnel, or facilities, without reimbursement, from 
any other public or private entity.
128 
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 creden-
tials 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 in-
serting ‘‘such sums as necessary, including funds to 
develop not more than 60 VIPR teams, for fiscal 
years 2016 through 2018’’.
129 
SEC. 3602. LAW ENFORCEMENT TRAINING FOR MASS CAS-
UALTY AND ACTIVE SHOOTER INCIDENTS. 
Paragraph (2) of section 2006(a) of the Homeland Se-
curity 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 fol-
lowing new subparagraph: 
‘‘(E) training exercises to enhance pre-
paredness 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 TRANS-
PORTATION SYSTEMS. 
Subsection (a) of section 2008 of the Homeland Secu-
rity 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 fol-
lowing new paragraph: 
‘‘(9) enhancing the security and preparedness of 
secure and nonsecure areas of eligible airports and 
surface transportation systems;’’.
114TH CONGRESS 
2D SESSION 
H.R. 636 
HOUSE AMENDMENTS TO 
SENATE AMENDMENTS