FAA Extension, Safety, and Security Act of 2016
PL 114-190 (H.R.636), enacted 07/15/2016

130 STAT. 615 
PUBLIC LAW 114–190—JULY 15, 2016 
Public Law 114–190 
114th Congress 
An Act 
To amend title 49, United States Code, to extend authorizations for the airport 
improvement program, to amend the Internal Revenue Code of 1986 to extend 
the funding and expenditure authority of the Airport and Airway Trust Fund, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Extension, 
Safety, and Security Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Appropriate committees of Congress defined. 
TITLE I—FAA EXTENSION 
Subtitle A—Airport and Airway Programs 
Sec. 1101. Extension of airport improvement program. 
Sec. 1102. Extension of expiring authorities. 
Sec. 1103. Federal Aviation Administration operations. 
Sec. 1104. Air navigation facilities and equipment. 
Sec. 1105. Research, engineering, and development. 
Sec. 1106. Funding for aviation programs. 
Sec. 1107. Essential air service. 
Subtitle B—Revenue Provisions 
Sec. 1201. Expenditure authority from Airport and Airway Trust Fund. 
Sec. 1202. Extension of taxes funding Airport and Airway Trust Fund. 
TITLE II—AVIATION SAFETY CRITICAL REFORMS 
Subtitle A—Safety 
Sec. 2101. Pilot records database deadline. 
Sec. 2102. Cockpit automation management. 
Sec. 2103. Enhanced mental health screening for pilots. 
Sec. 2104. Laser pointer incidents. 
Sec. 2105. Crash-resistant fuel systems. 
Sec. 2106. Hiring of air traffic controllers. 
Sec. 2107. Training policies regarding assistance for persons with disabilities. 
Sec. 2108. Air travel accessibility. 
Sec. 2109. Additional certification resources. 
Sec. 2110. Tower marking. 
Sec. 2111. Aviation cybersecurity. 
Sec. 2112. Repair stations located outside United States. 
Sec. 2113. Enhanced training for flight attendants. 
Subtitle B—UAS Safety 
Sec. 2201. Definitions. 
Sec. 2202. Identification standards. 
Sec. 2203. Safety statements. 
FAA Extension, 
Safety, and 
Security Act 
of 2016. 
49 USC 40101 
note. 
July 15, 2016 
[H.R. 636] 
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130 STAT. 616 
PUBLIC LAW 114–190—JULY 15, 2016 
Sec. 2204. Facilitating interagency cooperation for unmanned aircraft authorization 
in support of firefighting operations and utility restoration. 
Sec. 2205. Interference with wildfire suppression, law enforcement, or emergency 
response effort by operation of unmanned aircraft. 
Sec. 2206. Pilot project for airport safety and airspace hazard mitigation. 
Sec. 2207. Emergency exemption process. 
Sec. 2208. Unmanned aircraft systems traffic management. 
Sec. 2209. Applications for designation. 
Sec. 2210. Operations associated with critical infrastructure. 
Sec. 2211. Unmanned aircraft systems research and development roadmap. 
Sec. 2212. Unmanned aircraft systems-manned aircraft collision research. 
Sec. 2213. Probabilistic metrics research and development study. 
Subtitle C—Time Sensitive Aviation Reforms 
Sec. 2301. Small airport relief for safety projects. 
Sec. 2302. Use of revenues at previously associated airport. 
Sec. 2303. Working group on improving air service to small communities. 
Sec. 2304. Computation of basic annuity for certain air traffic controllers. 
Sec. 2305. Refunds for delayed baggage. 
Sec. 2306. Contract weather observers. 
Sec. 2307. Medical certification of certain small aircraft pilots. 
Sec. 2308. Tarmac delays. 
Sec. 2309. Family seating. 
TITLE III—AVIATION SECURITY 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Subtitle A—TSA PreCheck Expansion 
Sec. 3101. PreCheck program authorization. 
Sec. 3102. PreCheck program enrollment expansion. 
Subtitle B—Securing Aviation From Foreign Entry Points and Guarding Airports 
Through Enhanced Security 
Sec. 3201. Last point of departure airport security assessment. 
Sec. 3202. Security coordination enhancement plan. 
Sec. 3203. Workforce assessment. 
Sec. 3204. Donation of screening equipment to protect the United States. 
Sec. 3205. National cargo security program. 
Sec. 3206. International training and capacity development. 
Subtitle C—Checkpoint Optimization and Efficiency 
Sec. 3301. Sense of Congress. 
Sec. 3302. Enhanced staffing allocation model. 
Sec. 3303. Effective utilization of staffing resources. 
Sec. 3304. TSA staffing and resource allocation. 
Sec. 3305. Aviation security stakeholders defined. 
Sec. 3306. Rule of construction. 
Subtitle D—Aviation Security Enhancement and Oversight 
Sec. 3401. Definitions. 
Sec. 3402. Threat assessment. 
Sec. 3403. Oversight. 
Sec. 3404. Credentials. 
Sec. 3405. Vetting. 
Sec. 3406. Metrics. 
Sec. 3407. Inspections and assessments. 
Sec. 3408. Covert testing. 
Sec. 3409. Security directives. 
Sec. 3410. Implementation report. 
Sec. 3411. Miscellaneous amendments. 
Subtitle E—Checkpoints of the Future 
Sec. 3501. Checkpoints of the future. 
Sec. 3502. Pilot program for increased efficiency and security at Category X air-
ports. 
Sec. 3503. Pilot program for the development and testing of prototypes for airport 
security systems. 
Sec. 3504. Report required. 
Sec. 3505. Funding. 
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130 STAT. 617 
PUBLIC LAW 114–190—JULY 15, 2016 
Sec. 3506. Acceptance and provision of resources by the Transportation Security 
Administration. 
Subtitle F—Miscellaneous Provisions 
Sec. 3601. Visible deterrent. 
Sec. 3602. Law enforcement training for mass casualty and active shooter inci-
dents. 
Sec. 3603. Assistance to airports and surface transportation systems. 
SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. 
In this Act, unless expressly provided otherwise, the term 
‘‘appropriate committees of Congress’’ means the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives. 
TITLE I—FAA EXTENSION 
Subtitle A—Airport and Airway Programs 
SEC. 1101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103(a) of 
title 49, United States Code, is amended by striking ‘‘fiscal years 
2012 through 2015’’ and all that follows through the period at 
the end and inserting ‘‘fiscal years 2012 through 2017.’’. 
(b) PROJECT GRANT AUTHORITY.—Section 47104(c) of title 49, 
United States Code, is amended in the matter preceding paragraph 
(1) by striking ‘‘July 15, 2016,’’ and inserting ‘‘September 30, 2017,’’. 
SEC. 1102. EXTENSION OF EXPIRING AUTHORITIES. 
(a) Section 47107(r)(3) of title 49, United States Code, is 
amended by striking ‘‘July 16, 2016’’ and inserting ‘‘October 1, 
2017’’. 
(b) Section 47115(j) of title 49, United States Code, is amended 
by striking ‘‘fiscal years 2012 through 2015’’ and all that follows 
through ‘‘July 15, 2016,’’ and inserting ‘‘fiscal years 2012 through 
2017,’’. 
(c) Section 47124(b)(3)(E) of title 49, United States Code, is 
amended by striking ‘‘fiscal years 2012 through 2015’’ and all that 
follows through ‘‘July 15, 2016,’’ and inserting ‘‘fiscal years 2012 
through 2017’’. 
(d) Section 47141(f) of title 49, United States Code, is amended 
by striking ‘‘July 15, 2016’’ and inserting ‘‘September 30, 2017’’. 
(e) Section 41743(e)(2) of title 49, United States Code, is 
amended by striking ‘‘2015’’ and inserting ‘‘2017’’. 
(f) Section 186(d) of the Vision 100—Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended by striking ‘‘fiscal 
years 2012 through 2015’’ and all that follows through ‘‘July 15, 
2016,’’ and inserting ‘‘fiscal years 2012 through 2017’’. 
(g) Section 409(d) of the Vision 100—Century of Aviation 
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking 
‘‘July 15, 2016’’ and inserting ‘‘September 30, 2017’’. 
(h) Section 140(c)(1) of the FAA Modernization and Reform 
Act of 2012 (126 Stat. 28) is amended— 
(1) by striking ‘‘fiscal years 2013 through 2016,’’ and 
inserting ‘‘fiscal years 2013 through 2017,’’; and 
(2) by inserting before the period at the end the following: 
‘‘or an extension of this Act’’. 
49 USC 40101 
note. 
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130 STAT. 618 
PUBLIC LAW 114–190—JULY 15, 2016 
(i) Section 332(c)(1) of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note) is amended by striking ‘‘5 
years after the date of enactment of this Act’’ and inserting ‘‘on 
September 30, 2019’’. 
(j) Section 411(h) of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ‘‘July 
15, 2016’’ and inserting ‘‘September 30, 2017’’. 
(k) Section 822(k) of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 47141 note) is amended by striking ‘‘July 15, 
2016’’ and inserting ‘‘September 30, 2017’’. 
SEC. 1103. FEDERAL AVIATION ADMINISTRATION OPERATIONS. 
Section 106(k) of title 49, United States Code, is amended— 
(1) by striking paragraph (1)(E) and inserting the following: 
‘‘(E) $9,909,724,000 for each of fiscal years 2016 and 
2017.’’; and 
(2) in paragraph (3) by striking ‘‘fiscal years 2012 through 
2015’’ and all that follows through ‘‘July 15, 2016,’’ and inserting 
‘‘fiscal years 2012 through 2017,’’. 
SEC. 1104. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
Section 48101(a)(5) of title 49, United States Code, is amended 
to read as follows: 
‘‘(5) $2,855,000,000 for each of fiscal years 2016 and 2017.’’. 
SEC. 1105. RESEARCH, ENGINEERING, AND DEVELOPMENT. 
Section 48102(a)(9) of title 49, United States Code, is amended 
to read as follows: 
‘‘(9) $166,000,000 for each of fiscal years 2016 and 2017.’’. 
SEC. 1106. FUNDING FOR AVIATION PROGRAMS. 
(a) IN GENERAL.—Section 48114 of title 49, United States Code, 
is amended— 
(1) in subsection (a)(2) by striking ‘‘fiscal year 2016,’’ and 
inserting ‘‘fiscal year 2017,’’; and 
(2) in subsection (c)(2) by striking ‘‘fiscal year 2016’’ and 
inserting ‘‘fiscal year 2017’’. 
(b) COMPLIANCE WITH AVIATION FUNDING REQUIREMENT.—The 
budget authority authorized in this title, including the amendments 
made by this title, shall be deemed to satisfy the requirements 
of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United 
States Code, for each of fiscal years 2016 and 2017. 
SEC. 1107. ESSENTIAL AIR SERVICE. 
Section 41742(a)(2) of title 49, United States Code, is amended 
by striking ‘‘fiscal year 2014,’’ and all that follows through ‘‘July 
15, 2016,’’ and inserting ‘‘fiscal year 2014, $93,000,000 for fiscal 
year 2015, and $175,000,000 for each of fiscal years 2016 and 
2017’’. 
Subtitle B—Revenue Provisions 
SEC. 1201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 
TRUST FUND. 
(a) IN GENERAL.—Section 9502(d)(1) of the Internal Revenue 
Code of 1986 is amended— 
26 USC 9502. 
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130 STAT. 619 
PUBLIC LAW 114–190—JULY 15, 2016 
(1) in the matter preceding subparagraph (A), by striking 
‘‘July 16, 2016’’ and inserting ‘‘October 1, 2017’’; and 
(2) in subparagraph (A), by striking the semicolon at the 
end and inserting ‘‘or the FAA Extension, Safety, and Security 
Act of 2016;’’. 
(b) CONFORMING AMENDMENT.—Section 9502(e)(2) of such Code 
is amended by striking ‘‘July 16, 2016’’ and inserting ‘‘October 
1, 2017’’. 
SEC. 1202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
TRUST FUND. 
(a) FUEL TAXES.—Section 4081(d)(2)(B) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘July 15, 2016’’ and inserting 
‘‘September 30, 2017’’. 
(b) TICKET TAXES.— 
(1) PERSONS.—Section 4261(k)(1)(A)(ii) of such Code is 
amended by striking ‘‘July 15, 2016’’ and inserting ‘‘September 
30, 2017’’. 
(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such Code is 
amended by striking ‘‘July 15, 2016’’ and inserting ‘‘September 
30, 2017’’. 
(c) FRACTIONAL OWNERSHIP PROGRAMS.— 
(1) TREATMENT
AS
NONCOMMERCIAL
AVIATION.—Section 
4083(b) of such Code is amended by striking ‘‘July 16, 2016’’ 
and inserting ‘‘October 1, 2017’’. 
(2) EXEMPTION FROM TICKET TAXES.—Section 4261(j) of such 
Code is amended by striking ‘‘July 15, 2016’’ and inserting 
‘‘September 30, 2017’’. 
TITLE II—AVIATION SAFETY CRITICAL 
REFORMS 
Subtitle A—Safety 
SEC. 2101. PILOT RECORDS DATABASE DEADLINE. 
Section 44703(i)(2) of title 49, United States Code, is amended 
by striking ‘‘The Administrator shall establish’’ and inserting ‘‘Not 
later than April 30, 2017, the Administrator shall establish and 
make available for use’’. 
SEC. 2102. COCKPIT AUTOMATION MANAGEMENT. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration 
shall— 
(1) develop a process to verify that air carrier training 
programs incorporate measures to train pilots on— 
(A) monitoring automation systems; and 
(B) controlling the flightpath of aircraft without auto-
pilot or autoflight systems engaged; 
(2) develop metrics or measurable tasks that air carriers 
can use to evaluate pilot monitoring proficiency; 
(3) issue guidance to aviation safety inspectors responsible 
for oversight of the operations of air carriers on tracking and 
assessing pilots’ proficiency in manual flight; and 
(4) issue guidance to air carriers and inspectors regarding 
standards for compliance with the requirements for enhanced 
Guidance. 
Guidance. 
Verification. 
Deadline. 
49 USC 44701 
note. 
26 USC 4081. 
26 USC 9502. 
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130 STAT. 620 
PUBLIC LAW 114–190—JULY 15, 2016 
pilot training contained in the final rule published in the Fed-
eral Register on November 12, 2013 (78 Fed. Reg. 67800). 
SEC. 2103. ENHANCED MENTAL HEALTH SCREENING FOR PILOTS. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
consider the recommendations of the Pilot Fitness Aviation Rule-
making Committee in determining whether to implement, as part 
of a comprehensive medical certification process for pilots with 
a first- or second-class airman medical certificate, additional 
screening for mental health conditions, including depression and 
suicidal thoughts or tendencies, and assess treatments that would 
address any risk associated with such conditions. 
SEC. 2104. LASER POINTER INCIDENTS. 
(a) IN GENERAL.—Beginning 90 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administra-
tion, in coordination with appropriate Federal law enforcement 
agencies, shall provide quarterly updates to the appropriate commit-
tees of Congress regarding— 
(1) the number of incidents involving the beam from a 
laser pointer (as defined in section 39A of title 18, United 
States Code) being aimed at, or in the flight path of, an aircraft 
in the airspace jurisdiction of the United States; 
(2) the number of civil or criminal enforcement actions 
taken by the Federal Aviation Administration, the Department 
of Transportation, or another Federal agency with regard to 
the incidents described in paragraph (1), including the amount 
of the civil or criminal penalties imposed on violators; 
(3) the resolution of any incidents described in paragraph 
(1) that did not result in a civil or criminal enforcement action; 
and 
(4) any actions the Department of Transportation or 
another Federal agency has taken on its own, or in conjunction 
with other Federal agencies or local law enforcement agencies, 
to deter the type of activity described in paragraph (1). 
(b) CIVIL PENALTIES.—The Administrator shall revise the max-
imum civil penalty that may be imposed on an individual who 
aims the beam of a laser pointer at an aircraft in the airspace 
jurisdiction of the United States, or at the flight path of such 
an aircraft, to be $25,000. 
SEC. 2105. CRASH-RESISTANT FUEL SYSTEMS. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
evaluate and update, as necessary, standards for crash-resistant 
fuel systems for civilian rotorcraft. 
SEC. 2106. HIRING OF AIR TRAFFIC CONTROLLERS. 
(a) IN GENERAL.—Section 44506 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(f) HIRING OF CERTAIN AIR TRAFFIC CONTROL SPECIALISTS.— 
‘‘(1) CONSIDERATION OF APPLICANTS.— 
‘‘(A) 
ENSURING
SELECTION
OF
MOST
QUALIFIED 
APPLICANTS.—In appointing individuals to the position of 
air traffic controller, the Administrator shall give pref-
erential consideration to qualified individuals maintaining 
52 consecutive weeks of air traffic control experience 
Time periods. 
Deadline. 
Evaluation. 
Update. 
Rotorcraft. 
49 USC 44504 
note. 
49 USC 46301 
note. 
Effective date. 
Coordination. 
Updates. 
Deadline. 
Recommenda- 
tions. 
Determination. 
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130 STAT. 621 
PUBLIC LAW 114–190—JULY 15, 2016 
involving the full-time active separation of air traffic after 
receipt of an air traffic certification or air traffic control 
facility rating within 5 years of application while serving 
at— 
‘‘(i) a Federal Aviation Administration air traffic 
control facility; 
‘‘(ii) a civilian or military air traffic control facility 
of the Department of Defense; or 
‘‘(iii) a tower operating under contract with the 
Federal Aviation Administration under section 47124. 
‘‘(B) CONSIDERATION OF ADDITIONAL APPLICANTS.— 
‘‘(i) IN GENERAL.—After giving preferential consid-
eration to applicants under subparagraph (A), the 
Administrator shall consider additional applicants for 
the position of air traffic controller by referring an 
approximately equal number of individuals for appoint-
ment among the 2 applicant pools described in this 
subparagraph. The number of individuals referred for 
consideration from each group shall not differ by more 
than 10 percent. 
‘‘(ii) POOL
1.—Pool 1 applicants are individuals 
who— 
‘‘(I) have successfully completed air traffic con-
troller training and graduated from an institution 
participating in the Collegiate Training Initiative 
program maintained under subsection (c)(1) and 
who have received from the institution— 
‘‘(aa) an appropriate recommendation; or 
‘‘(bb) an endorsement certifying that the 
individual would have met the requirements 
in effect as of December 31, 2013, for an appro-
priate recommendation; 
‘‘(II) are eligible for a veterans recruitment 
appointment pursuant to section 4214 of title 38 
and provide a Certificate of Release or Discharge 
from Active Duty within 120 days of the announce-
ment closing; 
‘‘(III) are eligible veterans (as defined in sec-
tion 4211 of title 38) maintaining aviation experi-
ence obtained in the course of the individual’s mili-
tary experience; or 
‘‘(IV) are preference eligible veterans (as 
defined in section 2108 of title 5). 
‘‘(iii) POOL 2.—Pool 2 applicants are individuals 
who apply under a vacancy announcement recruiting 
from all United States citizens. 
‘‘(2) USE OF BIOGRAPHICAL ASSESSMENTS.— 
‘‘(A) BIOGRAPHICAL ASSESSMENTS.—The Administrator 
shall not use any biographical assessment when hiring 
under paragraph (1)(A) or paragraph (1)(B)(ii). 
‘‘(B) RECONSIDERATION OF APPLICANTS DISQUALIFIED ON 
BASIS OF BIOGRAPHICAL ASSESSMENTS.— 
‘‘(i) IN
GENERAL.—If an individual described in 
paragraph (1)(A) or paragraph (1)(B)(ii), who applied 
for the position of air traffic controller with the 
Administration in response to Vacancy Announcement 
FAA–AMC–14–ALLSRCE–33537 (issued on February 
Deadline. 
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130 STAT. 622 
PUBLIC LAW 114–190—JULY 15, 2016 
10, 2014), was disqualified from the position as the 
result of a biographical assessment, the Administrator 
shall provide the applicant an opportunity to reapply 
for the position as soon as practicable under the revised 
hiring practices. 
‘‘(ii) WAIVER OF AGE RESTRICTION.—The Adminis-
trator shall waive any maximum age restriction for 
the position of air traffic controller with the Adminis-
tration that would otherwise disqualify an individual 
from the position if the individual— 
‘‘(I) is reapplying for the position pursuant 
to clause (i) on or before December 31, 2017; and 
‘‘(II) met the maximum age requirement on 
the date of the individual’s previous application 
for the position during the interim hiring process. 
‘‘(3) MAXIMUM
ENTRY
AGE
FOR
EXPERIENCED
CONTROL-
LERS.—Notwithstanding section 3307 of title 5, the maximum 
limit of age for an original appointment to a position as an 
air traffic controller shall be 35 years of age for those 
maintaining 52 weeks of air traffic control experience involving 
the full-time active separation of air traffic after receipt of 
an air traffic certification or air traffic control facility rating 
in a civilian or military air traffic control facility.’’. 
(b) NOTIFICATION
OF VACANCIES.—The Administrator of the 
Federal Aviation Administration shall consider directly notifying 
secondary schools and institutions of higher learning, including 
Historically Black Colleges and Universities, Hispanic-serving 
institutions, Minority Institutions, and Tribal Colleges and Univer-
sities, of a vacancy announcement under section 44506(f)(1)(B)(iii) 
of title 49, United States Code. 
SEC. 2107. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS 
WITH DISABILITIES. 
(a) IN GENERAL.—Not later than 270 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report assessing required air carrier 
personnel and contractor training programs regarding the assist-
ance of persons with disabilities, including— 
(1) variations in training programs between air carriers; 
(2) instances since 2005 where the Department of Transpor-
tation has requested that an air carrier take corrective action 
following a review of the air carrier’s training programs; and 
(3) actions taken by air carriers following requests 
described in paragraph (2). 
(b) BEST PRACTICES.—After the date the report is submitted 
under subsection (a), the Secretary of Transportation, based on 
the findings of the report, shall develop, make publicly available, 
and appropriately disseminate to air carriers such best practices 
as the Secretary considers necessary to improve the reviewed 
training programs. 
SEC. 2108. AIR TRAVEL ACCESSIBILITY. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall issue the supplemental 
notice of proposed rulemaking referenced in the Secretary’s Report 
on Significant Rulemakings, dated June 15, 2015, and assigned 
Regulation Identification Number 2105–AE12. 
Deadline. 
Notice. 
Regulations. 
Public 
information. 
Deadline. 
Reports. 
Assessment. 
49 USC 41705 
note. 
Time period. 
Deadline. 
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130 STAT. 623 
PUBLIC LAW 114–190—JULY 15, 2016 
SEC. 2109. ADDITIONAL CERTIFICATION RESOURCES. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
and subject to the requirements of subsection (b), the Administrator 
of the FAA may enter into a reimbursable agreement with an 
applicant or certificate-holder for the reasonable travel and per 
diem expenses of the FAA associated with official travel to expedite 
the acceptance or validation by a foreign authority of an FAA 
certificate or design approval or the acceptance or validation by 
the FAA of a foreign authority certificate or design approval. 
(b) CONDITIONS.—The Administrator may enter into an agree-
ment under subsection (a) only if— 
(1) the travel covered under the agreement is deemed nec-
essary, by both the Administrator and the applicant or certifi-
cate-holder, to expedite the acceptance or validation of the 
relevant certificate or approval; 
(2) the travel is conducted at the request of the applicant 
or certificate-holder; 
(3) travel plans and expenses are approved by the applicant 
or certificate-holder prior to travel; and 
(4) the agreement requires payment in advance of FAA 
services and is consistent with the processes under section 
106(l)(6) of title 49, United States Code. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on— 
(1) the number of occasions on which the Administrator 
entered into reimbursable agreements under this section; 
(2) the number of occasions on which the Administrator 
declined a request by an applicant or certificate-holder to enter 
into a reimbursable agreement under this section; 
(3) the amount of reimbursements collected in accordance 
with agreements under this section; and 
(4) the extent to which reimbursable agreements under 
this section assisted in reducing the amount of time necessary 
for validations of certificates and design approvals. 
(d) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) APPLICANT.—The term ‘‘applicant’’ means a person that 
has— 
(A) applied to a foreign authority for the acceptance 
or validation of an FAA certificate or design approval; 
or 
(B) applied to the FAA for the acceptance or validation 
of a foreign authority certificate or design approval. 
(2) CERTIFICATE-HOLDER.—The term ‘‘certificate-holder’’ 
means a person that holds a certificate issued by the Adminis-
trator under part 21 of title 14, Code of Federal Regulations. 
(3) FAA.—The term ‘‘FAA’’ means the Federal Aviation 
Administration. 
SEC. 2110. TOWER MARKING. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration shall issue regulations to require the marking of covered 
towers. 
(b) MARKING REQUIRED.—The regulations under subsection (a) 
shall require that a covered tower be clearly marked in a manner 
49 USC 44718 
note. 
Deadline. 
Regulations. 
49 USC 44701 
note. 
Contracts. 
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130 STAT. 624 
PUBLIC LAW 114–190—JULY 15, 2016 
that is consistent with applicable guidance under the Federal Avia-
tion Administration Advisory Circular issued December 4, 2015 
(AC 70/7460–1L), or other relevant safety guidance, as determined 
by the Administrator. 
(c) APPLICATION.—The regulations issued under subsection (a) 
shall ensure that— 
(1) all covered towers constructed on or after the date 
on which such regulations take effect are marked in accordance 
with subsection (b); and 
(2) a covered tower constructed before the date on which 
such regulations take effect is marked in accordance with sub-
section (b) not later than 1 year after such effective date. 
(d) DEFINITIONS.— 
(1) IN GENERAL.—In this section, the following definitions 
apply: 
(A) COVERED TOWER.— 
(i) IN GENERAL.—The term ‘‘covered tower’’ means 
a structure that— 
(I) is self-standing or supported by guy wires 
and ground anchors; 
(II) is 10 feet or less in diameter at the above- 
ground base, excluding concrete footing; 
(III) at the highest point of the structure is 
at least 50 feet above ground level; 
(IV) at the highest point of the structure is 
not more than 200 feet above ground level; 
(V) has accessory facilities on which an 
antenna, 
sensor, 
camera, 
meteorological 
instrument, or other equipment is mounted; and 
(VI) is located— 
(aa) outside the boundaries of an incor-
porated city or town; or 
(bb) on land that is— 
(AA) undeveloped; or 
(BB) used for agricultural purposes. 
(ii) EXCLUSIONS.—The term ‘‘covered tower’’ does 
not include any structure that— 
(I) is adjacent to a house, barn, electric utility 
station, or other building; 
(II) is within the curtilage of a farmstead; 
(III) supports electric utility transmission or 
distribution lines; 
(IV) is a wind-powered electrical generator 
with a rotor blade radius that exceeds 6 feet; or 
(V) is a street light erected or maintained 
by a Federal, State, local, or tribal entity. 
(B) UNDEVELOPED.—The term ‘‘undeveloped’’ means a 
defined geographic area where the Administrator deter-
mines low-flying aircraft are operated on a routine basis, 
such as low-lying forested areas with predominant tree 
cover under 200 feet and pasture and range land. 
(2) OTHER DEFINITIONS.—The Administrator shall define 
such other terms as may be necessary to carry out this section. 
(e) DATABASE.—The Administrator shall— 
(1) develop a database that contains the location and height 
of each covered tower; 
(2) keep the database current to the extent practicable; 
Deadline. 
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130 STAT. 625 
PUBLIC LAW 114–190—JULY 15, 2016 
(3) ensure that any proprietary information in the database 
is protected from disclosure in accordance with law; and 
(4) ensure that, by virtue of accessing the database, users 
agree and acknowledge that information in the database— 
(A) may only be used for aviation safety purposes; 
and 
(B) may not be disclosed for purposes other than avia-
tion safety, regardless of whether or not the information 
is marked or labeled as proprietary or with a similar des-
ignation. 
SEC. 2111. AVIATION CYBERSECURITY. 
(a) COMPREHENSIVE AND STRATEGIC AVIATION FRAMEWORK.— 
(1) IN GENERAL.—Not later than 240 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall facilitate and support the 
development of a comprehensive and strategic framework of 
principles and policies to reduce cybersecurity risks to the 
national airspace system, civil aviation, and agency information 
systems using a total systems approach that takes into consid-
eration the interactions and interdependence of different compo-
nents of aircraft systems and the national airspace system. 
(2) SCOPE.—In carrying out paragraph (1), the Adminis-
trator shall— 
(A) identify and address the cybersecurity risks associ-
ated with— 
(i) the modernization of the national airspace 
system; 
(ii) the automation of aircraft, equipment, and 
technology; and 
(iii) aircraft systems, including by— 
(I) directing the Aircraft Systems Information 
Security Protection Working Group— 
(aa) to assess cybersecurity risks to air-
craft systems; 
(bb) to review the extent to which existing 
rulemaking, policy, and guidance to promote 
safety also promote aircraft systems informa-
tion security protection; and 
(cc) to provide appropriate recommenda-
tions to the Administrator if separate or addi-
tional rulemaking, policy, or guidance is 
needed to address cybersecurity risks to air-
craft systems; and 
(II) identifying and addressing— 
(aa) cybersecurity risks associated with in- 
flight entertainment systems; and 
(bb) whether in-flight entertainment sys-
tems can and should be isolated and separate, 
such as through an air gap, under existing 
rulemaking, policy, and guidance; 
(B) clarify cybersecurity roles and responsibilities of 
offices and employees of the Federal Aviation Administra-
tion, as the roles and responsibilities relate to cybersecurity 
at the Federal Aviation Administration; 
(C) identify and implement objectives and actions to 
reduce cybersecurity risks to air traffic control information 
Deadline. 
49 USC 44903 
note. 
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130 STAT. 626 
PUBLIC LAW 114–190—JULY 15, 2016 
systems, including actions to improve implementation of 
information security standards, such as those of the 
National Institute of Standards and Technology; 
(D) support voluntary efforts by industry, RTCA, Inc., 
and other standards-setting organizations to develop and 
identify consensus standards and best practices relating 
to guidance on aviation systems information security 
protection, consistent, to the extent appropriate, with the 
cybersecurity risk management activities described in sec-
tion 2(e) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 272(e)); 
(E) establish guidelines for the voluntary exchange 
of information between and among aviation stakeholders 
pertaining to aviation-related cybersecurity incidents, 
threats, and vulnerabilities; 
(F) identify short- and long-term objectives and actions 
that can be taken in response to cybersecurity risks to 
the national airspace system; and 
(G) identify research and development activities to 
inform actions in response to cybersecurity risks. 
(3) IMPLEMENTATION REQUIREMENTS.—In carrying out the 
activities under this subsection, the Administrator shall— 
(A) coordinate with aviation stakeholders, including, 
at a minimum, representatives of industry, airlines, manu-
facturers, airports, RTCA, Inc., and unions; 
(B) consult with the heads of relevant agencies and 
with international regulatory authorities; 
(C) if determined appropriate, convene an expert panel 
or working group to identify and address cybersecurity 
risks; and 
(D) evaluate, on a periodic basis, the effectiveness of 
the principles established under this subsection. 
(b) UPDATE ON CYBERSECURITY IMPLEMENTATION PROGRESS.— 
Not later than 90 days after the date of enactment of this Act, 
the Administrator shall provide to the appropriate committees of 
Congress an update on progress made toward the implementation 
of this section. 
(c) CYBERSECURITY THREAT MODEL.—Not later than 1 year 
after the date of enactment of this Act, the Administrator, in 
consultation with the Director of the National Institute of Standards 
and Technology, shall implement the open recommendation issued 
in 2015 by the Government Accountability Office to assess and 
research the potential cost and timetable of developing and 
maintaining an agencywide threat model, which shall be updated 
regularly, to strengthen the cybersecurity of agency systems across 
the Federal Aviation Administration. The Administrator shall brief 
the Committee on Science, Space, and Technology and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the status, results, and composition 
of the threat model. 
(d) NATIONAL INSTITUTE
OF STANDARDS
AND TECHNOLOGY 
INFORMATION SECURITY STANDARDS.—Not later than 180 days after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration, after consultation with the Director of 
the National Institute of Standards and Technology, shall transmit 
Deadline. 
Consultation. 
Reports. 
Plan. 
Deadline. 
Consultation. 
Assessment. 
Research and 
development. 
Deadline. 
Evaluation. 
Consultation. 
Coordination. 
Guidelines. 
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130 STAT. 627 
PUBLIC LAW 114–190—JULY 15, 2016 
to the Committee on Science, Space, and Technology and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on— 
(1) a cybersecurity standards plan to improve implementa-
tion of the National Institute of Standards and Technology’s 
latest revisions to information security guidance for Federal 
Aviation Administration information and Federal Aviation 
Administration information systems within set timeframes; and 
(2) an explanation of why any such revisions are not incor-
porated in the plan or are not incorporated within set time-
frames. 
(e) CYBERSECURITY RESEARCH AND DEVELOPMENT.—Not later 
than 1 year after the date of enactment of this Act, the Adminis-
trator, in consultation with other agencies as appropriate, shall 
establish a cybersecurity research and development plan for the 
national airspace system, including— 
(1) any proposal for research and development cooperation 
with international partners; 
(2) an evaluation and determination of research and 
development needs to determine any cybersecurity risks of 
cabin communications and cabin information technology sys-
tems on board in the passenger domain; and 
(3) objectives, proposed tasks, milestones, and a 5-year 
budgetary profile. 
SEC. 2112. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES. 
(a) RISK-BASED OVERSIGHT.—Section 44733 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g); 
(2) by inserting after subsection (e) the following: 
‘‘(f) RISK-BASED OVERSIGHT.— 
‘‘(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of the FAA Extension, Safety, and Security Act 
of 2016, the Administrator shall take measures to ensure that 
the safety assessment system established under subsection (a)— 
‘‘(A) places particular consideration on inspections of 
part 145 repair stations located outside the United States 
that conduct scheduled heavy maintenance work on part 
121 air carrier aircraft; and 
‘‘(B) accounts for the frequency and seriousness of any 
corrective actions that part 121 air carriers must imple-
ment to aircraft following such work at such repair stations. 
‘‘(2) 
INTERNATIONAL
AGREEMENTS.—The 
Administrator 
shall take the measures required under paragraph (1)— 
‘‘(A) in accordance with United States obligations under 
applicable international agreements; and 
‘‘(B) in a manner consistent with the applicable laws 
of the country in which a repair station is located. 
‘‘(3) ACCESS TO DATA.—The Administrator may access and 
review such information or data in the possession of a part 
121 air carrier as the Administrator may require in carrying 
out paragraph (1)(B).’’; and 
(3) in subsection (g) (as so redesignated)— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and 
Deadline. 
Time period. 
Evaluation. 
Determination. 
Deadline. 
Consultation. 
Plan. 
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130 STAT. 628 
PUBLIC LAW 114–190—JULY 15, 2016 
(B) by inserting before paragraph (2) (as so redesig-
nated) the following: 
‘‘(1) HEAVY MAINTENANCE WORK.—The term ‘heavy mainte-
nance work’ means a C-check, a D-check, or equivalent mainte-
nance operation with respect to the airframe of a transport- 
category aircraft.’’. 
(b) ALCOHOL
AND CONTROLLED SUBSTANCES TESTING.—The 
Administrator of the Federal Aviation Administration shall ensure 
that— 
(1) not later than 90 days after the date of enactment 
of this Act, a notice of proposed rulemaking required pursuant 
to section 44733(d)(2) is published in the Federal Register; 
and 
(2) not later than 1 year after the date on which the 
notice of proposed rulemaking is published in the Federal Reg-
ister, the rulemaking is finalized. 
(c) BACKGROUND INVESTIGATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Administrator shall 
ensure that each employee of a repair station certificated under 
part 145 of title 14, Code of Federal Regulations, who performs 
a safety-sensitive function on an air carrier aircraft has undergone 
a pre-employment background investigation sufficient to determine 
whether the individual presents a threat to aviation safety, in 
a manner that is— 
(1) determined acceptable by the Administrator; 
(2) consistent with the applicable laws of the country in 
which the repair station is located; and 
(3) consistent with the United States obligations under 
international agreements. 
SEC. 2113. ENHANCED TRAINING FOR FLIGHT ATTENDANTS. 
Section 44734(a) of title 49, United States Code, is amended— 
(1) in paragraph (2) by striking ‘‘and’’ at the end; 
(2) in paragraph (3) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) recognizing and responding to potential human traf-
ficking victims.’’. 
Subtitle B—UAS Safety 
SEC. 2201. DEFINITIONS. 
(a) 
DEFINITIONS
APPLIED.—In 
this 
subtitle, 
the 
terms 
‘‘unmanned aircraft’’, ‘‘unmanned aircraft system’’, and ‘‘small 
unmanned aircraft’’ have the meanings given those terms in section 
331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note), as amended by this Act. 
(b) FAA MODERNIZATION AND REFORM ACT.—Section 331 of 
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 
note) is amended— 
(1) in paragraph (6) by inserting ‘‘, including everything 
that is on board or otherwise attached to the aircraft’’ after 
‘‘55 pounds’’; and 
(2) by striking paragraph (7) and inserting the following: 
‘‘(7) TEST RANGE.— 
49 USC 40101 
note. 
Deadline. 
49 USC 44733 
note. 
Deadlines. 
Notice. 
Regulations. 
Federal Register, 
publication. 
49 USC 44733 
note. 
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130 STAT. 629 
PUBLIC LAW 114–190—JULY 15, 2016 
‘‘(A) IN
GENERAL.—The term ‘test range’ means a 
defined geographic area where research and development 
are conducted as authorized by the Administrator of the 
Federal Aviation Administration. 
‘‘(B) INCLUSIONS.—The term ‘test range’ includes any 
of the 6 test ranges established by the Administrator of 
the Federal Aviation Administration under section 332(c), 
as in effect on the day before the date of enactment of 
this subparagraph, and any public entity authorized by 
the Federal Aviation Administration as an unmanned air-
craft system flight test center before January 1, 2009.’’. 
SEC. 2202. IDENTIFICATION STANDARDS. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration, in consultation with the Secretary of Transpor-
tation, the President of RTCA, Inc., and the Director of the National 
Institute of Standards and Technology, shall convene industry 
stakeholders to facilitate the development of consensus standards 
for remotely identifying operators and owners of unmanned aircraft 
systems and associated unmanned aircraft. 
(b) CONSIDERATIONS.—As part of any standards developed 
under subsection (a), the Administrator shall ensure the consider-
ation of— 
(1) requirements for remote identification of unmanned 
aircraft systems; 
(2) appropriate requirements for different classifications 
of unmanned aircraft systems operations, including public and 
civil; and 
(3) the feasibility of the development and operation of a 
publicly accessible online database of unmanned aircraft and 
the operators thereof, and any criteria for exclusion from the 
database. 
(c) DEADLINE.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on any standards developed under 
subsection (a). 
(d) GUIDANCE.—Not later than 1 year after the date on which 
the Administrator submits the report under subsection (c), the 
Administrator shall issue regulations or guidance, as appropriate, 
based on any standards developed under subsection (a). 
SEC. 2203. SAFETY STATEMENTS. 
(a) REQUIRED INFORMATION.—Beginning on the date that is 
1 year after the date of publication of the guidance under subsection 
(b)(1), a manufacturer of a small unmanned aircraft shall make 
available to the owner at the time of delivery of the small unmanned 
aircraft the safety statement described in subsection (b)(2). 
(b) SAFETY STATEMENT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall issue guidance for implementing 
this section. 
(2) REQUIREMENTS.—A safety statement required under 
subsection (a) shall include— 
(A) information about, and sources of, laws and regula-
tions applicable to small unmanned aircraft; 
Deadline. 
Guidance. 
49 USC 40101 
note. 
Effective date. 
Deadline. 
Regulations. 
Reports. 
49 USC 40101 
note. 
Consultation. 
Deadline. 
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130 STAT. 630 
PUBLIC LAW 114–190—JULY 15, 2016 
(B) recommendations for using small unmanned air-
craft in a manner that promotes the safety of persons 
and property; 
(C) the date that the safety statement was created 
or last modified; and 
(D) language approved by the Administrator regarding 
the following: 
(i) A person may operate the small unmanned 
aircraft as a model aircraft (as defined in section 336 
of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note)) or otherwise in accordance 
with Federal Aviation Administration authorization or 
regulation, including requirements for the completion 
of any applicable airman test. 
(ii) The definition of a model aircraft under section 
336 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note). 
(iii) The requirements regarding the operation of 
a model aircraft under section 336 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101 
note). 
(iv) The Administrator may pursue enforcement 
action against a person operating model aircraft who 
endangers the safety of the national airspace system. 
(c) CIVIL PENALTY.—A person who violates subsection (a) shall 
be liable for each violation to the United States Government for 
a civil penalty described in section 46301(a) of title 49, United 
States Code. 
SEC. 
2204. 
FACILITATING 
INTERAGENCY 
COOPERATION 
FOR 
UNMANNED AIRCRAFT AUTHORIZATION IN SUPPORT OF 
FIREFIGHTING OPERATIONS AND UTILITY RESTORATION. 
(a) FIREFIGHTING OPERATIONS.—The Administrator of the Fed-
eral Aviation Administration shall enter into agreements with the 
Secretary of the Interior and the Secretary of Agriculture, as nec-
essary, to continue the expeditious authorization of safe unmanned 
aircraft system operations in support of firefighting operations con-
sistent with the requirements of section 334(c) of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101 note). 
(b) UTILITY RESTORATION.—The Administrator shall enter into 
agreements with the Secretary of Energy and with such other 
agencies or parties, including the Federal Emergency Management 
Agency, as are necessary to facilitate the expeditious authorization 
of safe unmanned aircraft system operations in support of service 
restoration efforts of utilities. 
(c) DEFINITION OF UTILITY.—In this section, the term ‘‘utility’’ 
shall at a minimum include the definition in section 3(4) of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)). 
SEC. 2205. INTERFERENCE WITH WILDFIRE SUPPRESSION, LAW 
ENFORCEMENT, OR EMERGENCY RESPONSE EFFORT BY 
OPERATION OF UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 463 of title 49, United States Code, 
is amended by adding at the end the following: 
49 USC 40101 
note. 
Contracts. 
49 USC 40101 
note. 
Recommenda- 
tions. 
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130 STAT. 631 
PUBLIC LAW 114–190—JULY 15, 2016 
‘‘§ 46320. Interference with wildfire suppression, law enforce-
ment, or emergency response effort by operation 
of unmanned aircraft 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), an 
individual who operates an unmanned aircraft and in so doing 
knowingly or recklessly interferes with a wildfire suppression, law 
enforcement, or emergency response effort is liable to the United 
States Government for a civil penalty of not more than $20,000. 
‘‘(b) EXCEPTIONS.—This section does not apply to the operation 
of an unmanned aircraft conducted by a unit or agency of the 
United States Government or of a State, tribal, or local government 
(including any individual conducting such operation pursuant to 
a contract or other agreement entered into with the unit or agency) 
for the purpose of protecting the public safety and welfare, including 
firefighting, law enforcement, or emergency response. 
‘‘(c) COMPROMISE AND SETOFF.— 
‘‘(1) COMPROMISE.—The United States Government may 
compromise the amount of a civil penalty imposed under this 
section. 
‘‘(2) SETOFF.—The United States Government may deduct 
the amount of a civil penalty imposed or compromised under 
this section from the amounts the Government owes the person 
liable for the penalty. 
‘‘(d) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) WILDFIRE.—The term ‘wildfire’ has the meaning given 
that term in section 2 of the Emergency Wildfire Suppression 
Act (42 U.S.C. 1856m). 
‘‘(2) WILDFIRE SUPPRESSION.—The term ‘wildfire suppres-
sion’ means an effort to contain, extinguish, or suppress a 
wildfire.’’. 
(b) FAA TO IMPOSE CIVIL PENALTY.—Section 46301(d)(2) of 
title 49, United States Code, is amended by inserting ‘‘section 
46320,’’ after ‘‘section 46319,’’. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 463 of 
title 49, United States Code, is amended by adding at the end 
the following: 
‘‘46320. Interference with wildfire suppression, law enforcement, or emergency re-
sponse effort by operation of unmanned aircraft.’’. 
SEC. 2206. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE 
HAZARD MITIGATION. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration shall establish a pilot program for airspace hazard 
mitigation at airports and other critical infrastructure using 
unmanned aircraft detection systems. 
(b) CONSULTATION.—In carrying out the pilot program under 
subsection (a), the Administrator shall work with the Secretary 
of Defense, the Secretary of Homeland Security, and the heads 
of other relevant Federal departments and agencies for the purpose 
of ensuring that technologies that are developed, tested, or deployed 
by those departments and agencies to mitigate threats posed by 
errant or hostile unmanned aircraft system operations do not 
adversely impact or interfere with safe airport operations, naviga-
tion, air traffic services, or the safe and efficient operation of the 
national airspace system. 
49 USC 40101 
note. 
49 USC 
prec. 46301. 
49 USC 46320. 
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130 STAT. 632 
PUBLIC LAW 114–190—JULY 15, 2016 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated from the Airport and Airway Trust Fund to 
carry out this section $6,000,000, to remain available until 
expended. 
(d) AUTHORITY.—After the pilot program established under sub-
section (a) ceases to be effective pursuant to subsection (g), the 
Administrator may use unmanned aircraft detection systems to 
detect and mitigate the unauthorized operation of an unmanned 
aircraft that poses a risk to aviation safety. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report on the results 
of the pilot program established under subsection (a). 
(2) CONTENTS.—The report required under paragraph (1) 
shall include the following: 
(A) The number of unauthorized unmanned aircraft 
operations detected, together with a description of such 
operations. 
(B) The number of instances in which unauthorized 
unmanned aircraft were mitigated, together with a descrip-
tion of such instances. 
(C) The number of enforcement cases brought by the 
Federal Aviation Administration for unauthorized oper-
ation of unmanned aircraft detected through the pilot pro-
gram, together with a description of such cases. 
(D) The number of any technical failures in the pilot 
program, together with a description of such failures. 
(E) Recommendations for safety and operational stand-
ards for unmanned aircraft detection systems. 
(F) The feasibility of deployment of the systems at 
other airports. 
(3) FORMAT.—To the extent practicable, the report prepared 
under paragraph (1) shall be submitted in a classified format. 
If appropriate, the report may include an unclassified summary. 
(f) SUNSET.—The pilot program established under subsection 
(a) shall cease to be effective on the earlier of— 
(1) the date that is 18 months after the date of enactment 
of this Act; and 
(2) the date of the submission of the report under subsection 
(e). 
SEC. 2207. EMERGENCY EXEMPTION PROCESS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall publish guidance for applications for, and 
procedures for the processing of, on an emergency basis, exemptions 
or certificates of authorization or waiver for the use of unmanned 
aircraft systems by civil or public operators in response to a catas-
trophe, disaster, or other emergency to facilitate emergency 
response operations, such as firefighting, search and rescue, and 
utility and infrastructure restoration efforts. In processing such 
applications, the Administrator shall give priority to applications 
for public unmanned aircraft systems engaged in emergency 
response activities. 
(b) REQUIREMENTS.—In providing guidance under subsection 
(a), the Administrator shall— 
49 USC 40101 
note. 
Deadline. 
Publication. 
Guidance. 
Procedures. 
Certification. 
Waiver authority. 
Classified 
information. 
Recommenda- 
tions. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(1) make explicit any safety requirements that must be 
met for the consideration of applications that include requests 
for beyond visual line of sight or nighttime operations, or the 
suspension of otherwise applicable operating restrictions, con-
sistent with public interest and safety; and 
(2) explicitly state the procedures for coordinating with 
an incident commander, if any, to ensure operations granted 
under procedures developed under subsection (a) do not inter-
fere with other emergency response efforts. 
(c) REVIEW.—In processing applications on an emergency basis 
for exemptions or certificates of authorization or waiver for 
unmanned aircraft systems operations in response to a catastrophe, 
disaster, or other emergency, the Administrator shall act on such 
applications as expeditiously as practicable and without requiring 
public notice and comment. 
SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT. 
(a) RESEARCH PLAN
FOR UTM DEVELOPMENT
AND DEPLOY-
MENT.— 
(1) IN GENERAL.—The Administrator of the Federal Avia-
tion Administration (in this section referred to as the ‘‘Adminis-
trator’’), in coordination with the Administrator of the National 
Aeronautics and Space Administration, shall continue develop-
ment of a research plan for unmanned aircraft systems traffic 
management (in this section referred to as ‘‘UTM’’) development 
and deployment. 
(2) REQUIREMENTS.—In developing the research plan, the 
Administrator shall— 
(A) identify research outcomes sought; and 
(B) ensure the plan is consistent with existing regu-
latory and operational frameworks, and considers potential 
future 
regulatory 
and 
operational 
frameworks, 
for 
unmanned aircraft systems in the national airspace system. 
(3) ASSESSMENT.—The research plan shall include an 
assessment of the interoperability of a UTM system with 
existing and potential future air traffic management systems 
and processes. 
(4) DEADLINES.—The Administrator shall— 
(A) initiate development of the research plan not later 
than 60 days after the date of enactment of this Act; 
and 
(B) not later than 180 days after the date of enactment 
of this Act— 
(i) complete the research plan; 
(ii) submit the research plan to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and 
Technology and the Committee on Transportation and 
Infrastructure of the House of Representatives; and 
(iii) publish the research plan on the Internet Web 
site of the Federal Aviation Administration. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of submission of the research plan under subsection (a)(4)(B), 
the Administrator, in coordination with the Administrator of 
the National Aeronautics and Space Administration, the Drone 
Deadline. 
Coordination. 
Web posting. 
Coordination. 
49 USC 40101 
note. 
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PUBLIC LAW 114–190—JULY 15, 2016 
Advisory Committee, the research advisory committee estab-
lished by section 44508(a) of title 49, United States Code, 
and representatives of the unmanned aircraft industry, shall 
establish a UTM system pilot program. 
(2) SUNSET.—Not later than 2 years after the date of 
establishment of the pilot program, the Administrator shall 
conclude the pilot program. 
(c) UPDATES.—Not later than 180 days after the date of 
establishment of the pilot program, and every 180 days thereafter 
until the date of conclusion of the pilot program, the Administrator 
shall submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology and the Committee on Transportation and Infrastruc-
ture of the House of Representatives an update on the status 
and progress of the pilot program. 
SEC. 2209. APPLICATIONS FOR DESIGNATION. 
(a) APPLICATIONS FOR DESIGNATION.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of Transpor-
tation shall establish a process to allow applicants to petition the 
Administrator of the Federal Aviation Administration to prohibit 
or restrict the operation of an unmanned aircraft in close proximity 
to a fixed site facility. 
(b) REVIEW PROCESS.— 
(1) APPLICATION PROCEDURES.— 
(A) IN
GENERAL.—The Administrator shall establish 
the procedures for the application for designation under 
subsection (a). 
(B) REQUIREMENTS.—The procedures shall allow opera-
tors or proprietors of fixed site facilities to apply for des-
ignation individually or collectively. 
(C) CONSIDERATIONS.—Only the following may be 
considered fixed site facilities: 
(i) Critical infrastructure, such as energy produc-
tion, transmission, and distribution facilities and 
equipment. 
(ii) Oil refineries and chemical facilities. 
(iii) Amusement parks. 
(iv) Other locations that warrant such restrictions. 
(2) DETERMINATION.— 
(A) IN GENERAL.—The Secretary shall provide for a 
determination under the review process established under 
subsection (a) not later than 90 days after the date of 
application, unless the applicant is provided with written 
notice describing the reason for the delay. 
(B) AFFIRMATIVE DESIGNATIONS.—An affirmative des-
ignation shall outline— 
(i) the boundaries for unmanned aircraft operation 
near the fixed site facility; and 
(ii) such other limitations that the Administrator 
determines may be appropriate. 
(C) CONSIDERATIONS.—In making a determination 
whether to grant or deny an application for a designation, 
the Administrator may consider— 
(i) aviation safety; 
(ii) protection of persons and property on the 
ground; 
Deadline. 
Notice. 
49 USC 40101 
note. 
Deadline. 
Deadlines. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(iii) national security; or 
(iv) homeland security. 
(D) OPPORTUNITY FOR RESUBMISSION.—If an application 
is denied, and the applicant can reasonably address the 
reason for the denial, the Administrator may allow the 
applicant to reapply for designation. 
(c) PUBLIC INFORMATION.—Designations under subsection (a) 
shall be published by the Federal Aviation Administration on a 
publicly accessible website. 
(d) SAVINGS CLAUSE.—Nothing in this section may be construed 
as prohibiting the Administrator from authorizing operation of an 
aircraft, including an unmanned aircraft system, over, under, or 
within a specified distance from that fixed site facility designated 
under subsection (b). 
SEC. 2210. OPERATIONS ASSOCIATED WITH CRITICAL INFRASTRUC-
TURE. 
(a) IN GENERAL.—Any application process established under 
section 333 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note) shall allow for a person to apply to the 
Administrator of the Federal Aviation Administration to operate 
an unmanned aircraft system, for purposes of conducting an activity 
described in subsection (b)— 
(1) beyond the visual line of sight of the individual oper-
ating the unmanned aircraft system; and 
(2) during the day or at night. 
(b) ACTIVITIES DESCRIBED.—The activities described in this sub-
section are— 
(1) activities for which manned aircraft may be used to 
comply with Federal, State, or local laws, including— 
(A) activities to ensure compliance with Federal or 
State regulatory, permit, or other requirements, including 
to conduct surveys associated with applications for permits 
for new pipeline or pipeline systems construction or mainte-
nance or rehabilitation of existing pipelines or pipeline 
systems; and 
(B) activities relating to ensuring compliance with— 
(i) parts 192 and 195 of title 49, Code of Federal 
Regulations; and 
(ii) the requirements of any Federal, State, or local 
governmental or regulatory body, or industry best prac-
tice, pertaining to the construction, ownership, oper-
ation, maintenance, repair, or replacement of covered 
facilities; 
(2) activities to inspect, repair, construct, maintain, or pro-
tect covered facilities, including for the purpose of responding 
to a pipeline, pipeline system, or electric energy infrastructure 
incident; and 
(3) activities in response to or in preparation for a natural 
disaster, manmade disaster, severe weather event, or other 
incident beyond the control of the applicant that may cause 
material damage to a covered facility. 
(c) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) 
COVERED
FACILITY.—The 
term 
‘‘covered 
facility’’ 
means— 
(A) a pipeline or pipeline system; 
Applicability. 
49 USC 40101 
note. 
Web posting. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(B) an electric energy generation, transmission, or dis-
tribution facility (including a renewable electric energy 
facility); 
(C) an oil or gas production, refining, or processing 
facility; or 
(D) any other critical infrastructure facility. 
(2) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infra-
structure’’ has the meaning given that term in section 2339D 
of title 18, United States Code. 
(d) DEADLINES.— 
(1) CERTIFICATION TO CONGRESS.—Not later than 90 days 
after the date of enactment of this Act, the Administrator 
shall submit to the appropriate committees of Congress a certifi-
cation that a process has been established to facilitate applica-
tions for unmanned aircraft systems operations described in 
this section. 
(2) FAILURE
TO
MEET
CERTIFICATION
DEADLINE.—If the 
Administrator cannot provide a certification under paragraph 
(1), the Administrator, not later than 180 days after the dead-
line specified in paragraph (1), shall update the process under 
section 333 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note) to facilitate applications for unmanned 
aircraft systems operations described in this section. 
(e) EXEMPTIONS.—In addition to the operations described in 
this section, the Administrator may authorize, exempt, or otherwise 
allow other unmanned aircraft systems operations under section 
333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note) that are conducted beyond the visual line of sight 
of the individual operating the unmanned aircraft system or during 
the day or at night. 
SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOP-
MENT ROADMAP. 
Section 332(a)(5) of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 40101 note) is amended— 
(1) by inserting ‘‘, in coordination with the Administrator 
of the National Aeronautics and Space Administration (NASA) 
and relevant stakeholders, including those in industry and 
academia,’’ after ‘‘update’’; and 
(2) by inserting after ‘‘annually.’’ the following: ‘‘The 
roadmap shall include, at a minimum— 
‘‘(A) cost estimates, planned schedules, and perform-
ance benchmarks, including specific tasks, milestones, and 
timelines, for unmanned aircraft systems integration into 
the national airspace system, including an identification 
of— 
‘‘(i) the role of the unmanned aircraft systems test 
ranges established under subsection (c) and the 
Unmanned Aircraft Systems Center of Excellence; 
‘‘(ii) performance objectives for unmanned aircraft 
systems that operate in the national airspace system; 
and 
‘‘(iii) research and development priorities for tools 
that could assist air traffic controllers as unmanned 
aircraft systems are integrated into the national air-
space system, as appropriate; 
Cost estimates. 
49 USC 40101 
note. 
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130 STAT. 637 
PUBLIC LAW 114–190—JULY 15, 2016 
‘‘(B) a description of how the Administration plans 
to use research and development, including research and 
development conducted through NASA’s Unmanned Air-
craft Systems Traffic Management initiatives, to accommo-
date, integrate, and provide for the evolution of unmanned 
aircraft systems in the national airspace system; 
‘‘(C) an assessment of critical performance abilities nec-
essary to integrate unmanned aircraft systems into the 
national airspace system, and how these performance abili-
ties can be demonstrated; and 
‘‘(D) an update on the advancement of technologies 
needed to integrate unmanned aircraft systems into the 
national airspace system, including decisionmaking by 
adaptive systems, such as sense-and-avoid capabilities and 
cyber physical systems security.’’. 
SEC. 2212. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT COLLI-
SION RESEARCH. 
(a) RESEARCH.—The Administrator of the Federal Aviation 
Administration (in this section referred to as the ‘‘Administrator’’), 
in continuation of ongoing work, shall coordinate with the Adminis-
trator of the National Aeronautics and Space Administration to 
develop a program to conduct comprehensive testing or modeling 
of unmanned aircraft systems colliding with various sized aircraft 
in various operational settings, as considered appropriate by the 
Administrator, including— 
(1) collisions between unmanned aircraft systems of various 
sizes, traveling at various speeds, and jet aircraft of various 
sizes, traveling at various speeds; 
(2) collisions between unmanned aircraft systems of various 
sizes, traveling at various speeds, and propeller-driven aircraft 
of various sizes, traveling at various speeds; 
(3) collisions between unmanned aircraft systems of various 
sizes, traveling at various speeds, and rotorcraft of various 
sizes, traveling at various speeds; and 
(4) collisions between unmanned aircraft systems and var-
ious parts of the aforementioned aircraft, including— 
(A) windshields; 
(B) noses; 
(C) engines; 
(D) radomes; 
(E) propellers; and 
(F) wings. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall transmit to the Committee 
on Science, Space, and Technology and the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
a report summarizing the costs and results of research under this 
section. 
SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT 
STUDY. 
(a) STUDY.—Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administra-
tion shall enter into an arrangement with the National Academies 
to study the potential use of probabilistic assessments of risks 
by the Administration to streamline the integration of unmanned 
Deadline. 
Contracts. 
49 USC 40101 
note. 
Coordination. 
Testing. 
49 USC 40101 
note. 
Assessment. 
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PUBLIC LAW 114–190—JULY 15, 2016 
aircraft systems into the national airspace system, including any 
research and development necessary. 
(b) COMPLETION DATE.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall provide the results 
of the study to the Committee on Science, Space, and Technology 
and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate. 
Subtitle C—Time Sensitive Aviation 
Reforms 
SEC. 2301. SMALL AIRPORT RELIEF FOR SAFETY PROJECTS. 
Section 47114(c)(1)(F) of title 49, United States Code, is 
amended to read as follows: 
‘‘(F) SPECIAL RULE FOR FISCAL YEAR 2017.—Notwith-
standing subparagraph (A), the Secretary shall apportion 
to a sponsor of an airport under that subparagraph for 
fiscal year 2017 an amount based on the number of pas-
senger boardings at the airport during calendar year 2012 
if the airport— 
‘‘(i) had 10,000 or more passenger boardings during 
calendar year 2012; 
‘‘(ii) had fewer than 10,000 passenger boardings 
during the calendar year used to calculate the appor-
tionment for fiscal year 2017 under subparagraph (A); 
and 
‘‘(iii) had scheduled air service at any point during 
the calendar year used to calculate the apportionment 
for fiscal year 2017 under subparagraph (A).’’. 
SEC. 2302. USE OF REVENUES AT PREVIOUSLY ASSOCIATED AIRPORT. 
Section 40117 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(n) USE OF REVENUES AT PREVIOUSLY ASSOCIATED AIRPORT.— 
Notwithstanding the requirements relating to airport control under 
subsection (b)(1), the Secretary may authorize use of a passenger 
facility charge under subsection (b) to finance an eligible airport- 
related project if— 
‘‘(1) the eligible agency seeking to impose the new charge 
controls an airport where a $2.00 passenger facility charge 
became effective on January 1, 2013; and 
‘‘(2) the location of the project to be financed by the new 
charge is at an airport that was under the control of the 
same eligible agency that had controlled the airport described 
in paragraph (1).’’. 
SEC. 2303. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL 
COMMUNITIES. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall estab-
lish a working group— 
(1) to identify obstacles to attracting and maintaining air 
transportation service to and from small communities; and 
Deadline. 
Establishment. 
Deadline. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(2) to develop recommendations for maintaining and 
improving air transportation service to and from small commu-
nities. 
(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 agen-
cies; 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 continu-
ation of or improvement to air transportation service to small 
communities, including the essential air service program and 
the small community air service development program; 
(2) identify initiatives to help support pilot training and 
aviation safety to maintain air transportation service to small 
communities; 
(3) consider whether Federal funding for airports serving 
small communities, including airports that have lost air 
transportation services or had decreased enplanements in 
recent years, is adequate to ensure that small communities 
have access to quality, affordable air transportation service; 
(4) identify innovative State or local efforts that have estab-
lished public-private partnerships that are successful in 
attracting and retaining air transportation service in small 
communities; and 
(5) consider such other issues as the Secretary considers 
appropriate. 
(d) COMPOSITION.— 
(1) IN GENERAL.—The working group shall be facilitated 
through the Secretary or the Secretary’s designee. 
(2) MEMBERSHIP.—Members of the working group shall 
be appointed by the Secretary and shall include representatives 
of— 
(A) State and local government, including State and 
local aviation officials; 
(B) State Governors; 
(C) aviation safety experts; 
(D) economic development officials; and 
(E) the traveling public from small communities. 
(e) REPORT AND RECOMMENDATIONS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall submit 
to the appropriate committees of Congress a report, including— 
(1) a summary of the views expressed by the participants 
in the outreach under subsection (b); 
(2) a description of the working group’s findings, including 
the identification of any areas of general consensus among 
the non-Federal participants in the outreach under subsection 
(b); and 
Summary. 
Consultation. 
Recommenda- 
tions. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(3) any recommendations for legislative or regulatory action 
that would assist in maintaining and improving air transpor-
tation service to and from small communities. 
SEC. 2304. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR 
TRAFFIC CONTROLLERS. 
(a) IN GENERAL.—Section 8415(f) of title 5, United States Code, 
is amended to read as follows: 
‘‘(f) The annuity of an air traffic controller or former air traffic 
controller retiring under section 8412(a) is computed under sub-
section (a), except that if the individual has at least 5 years of 
service in any combination as— 
‘‘(1) an air traffic controller as defined by section 
2109(1)(A)(i); 
‘‘(2) a first level supervisor of an air traffic controller as 
defined by section 2109(1)(A)(i); or 
‘‘(3) a second level supervisor of an air traffic controller 
as defined by section 2109(1)(A)(i); 
so much of the annuity as is computed with respect to such type 
of service shall be computed by multiplying 1 7/10 percent of the 
individual’s average pay by the years of such service.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall be deemed to be effective on December 12, 2003. 
(c) PROCEDURES REQUIRED.—The Director of the Office of Per-
sonnel Management shall establish such procedures as are nec-
essary to provide for— 
(1) notification to each annuitant affected by the amend-
ments made by this section; 
(2) recalculation of the benefits of affected annuitants; 
(3) an adjustment to applicable monthly benefit amounts 
pursuant to such recalculation, to begin as soon as is prac-
ticable; and 
(4) a lump-sum payment to each affected annuitant equal 
to the additional total benefit amount that such annuitant 
would have received had the amendment made by subsection 
(a) been in effect on December 12, 2003. 
SEC. 2305. REFUNDS FOR DELAYED BAGGAGE. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall issue final 
regulations to require an air carrier or foreign air carrier to 
promptly provide to a passenger an automated refund for any 
ancillary fees paid by the passenger for checked baggage if— 
(1) the air carrier or foreign air carrier fails to deliver 
the checked baggage to the passenger— 
(A) not later than 12 hours after the arrival of a 
domestic flight; or 
(B) not later than 15 hours after the arrival of an 
international flight; and 
(2) the passenger has notified the air carrier or foreign 
air carrier of the lost or delayed checked baggage. 
(b) EXCEPTION.—If, as part of the rulemaking, the Secretary 
makes a determination on the record that a requirement under 
subsection (a) is not feasible and would adversely affect consumers 
in certain cases, the Secretary may modify 1 or both of the deadlines 
specified in subsection (a)(1) for such cases, except that— 
(1) the deadline relating to a domestic flight may not exceed 
18 hours after the arrival of the domestic flight; and 
Determination. 
49 USC 41704 
note. 
Deadlines. 
Regulations. 
Notification. 
5 USC 8415 note. 
5 USC 8415 note. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(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 enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration 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 stake-
holders that could result from a loss of contract weather 
observer service at the 57 airports targeted for the loss of 
the service; 
(2) detailing how the Federal Aviation Administration will 
accurately report rapidly changing severe weather conditions 
at the airports, including thunderstorms, lightning, fog, visi-
bility, smoke, dust, haze, cloud layers and ceilings, ice pellets, 
and freezing rain or drizzle, without contract weather observers; 
(3) indicating how airports can comply with applicable Fed-
eral Aviation Administration orders governing weather observa-
tions given the current documented limitations of automated 
surface observing systems; and 
(4) identifying the process through which the Federal Avia-
tion Administration analyzed the safety hazards associated with 
the elimination of the contract weather observer program. 
(b) CONTINUED USE OF CONTRACT WEATHER OBSERVERS.—The 
Administrator may not discontinue the contract weather observer 
program at any airport until October 1, 2017. 
SEC. 2307. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT 
PILOTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue or revise regulations to ensure that 
an individual may operate as pilot in command of a covered aircraft 
if— 
(1) the individual possesses a valid driver’s license issued 
by a State, territory, or possession of the United States and 
complies with all medical requirements or restrictions associ-
ated with that license; 
(2) the individual holds a medical certificate issued by 
the Federal Aviation Administration on the date of enactment 
of this Act, held such a certificate at any point during the 
10-year period preceding such date of enactment, or obtains 
such a certificate after such date of enactment; 
(3) the most recent medical certificate issued by the Federal 
Aviation Administration to the individual— 
(A) indicates whether the certificate is first, second, 
or third class; 
(B) may include authorization for special issuance; 
(C) may be expired; 
(D) cannot have been revoked or suspended; and 
(E) cannot have been withdrawn; 
(4) the most recent application for airman medical certifi-
cation submitted to the Federal Aviation Administration by 
the individual cannot have been completed and denied; 
(5) the individual has completed a medical education course 
described in subsection (c) during the 24 calendar months before 
Time period. 
Time period. 
Deadline. 
Regulations. 
49 USC 44703 
note. 
Termination 
date. 
Deadline. 
Reports. 
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PUBLIC LAW 114–190—JULY 15, 2016 
acting as pilot in command of a covered aircraft and dem-
onstrates proof of completion of the course; 
(6) the individual, when serving as a pilot in command, 
is under the care and treatment of a physician if the individual 
has been diagnosed with any medical condition that may impact 
the ability of the individual to fly; 
(7) the individual has received a comprehensive medical 
examination from a State-licensed physician during the pre-
vious 48 months and— 
(A) prior to the examination, the individual— 
(i) completed the individual’s section of the check-
list described in subsection (b); and 
(ii) provided the completed checklist to the physi-
cian performing the examination; and 
(B) the physician conducted the comprehensive medical 
examination in accordance with the checklist described in 
subsection (b), checking each item specified during the 
examination and addressing, as medically appropriate, 
every medical condition listed, and any medications the 
individual is taking; and 
(8) the individual is operating in accordance with the fol-
lowing 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 pas-
senger or property on the flight is being carried for 
compensation or hire; 
(ii) at an altitude that is more than 18,000 feet 
above mean sea level; 
(iii) outside the United States, unless authorized 
by the country in which the flight is conducted; or 
(iv) at an indicated air speed exceeding 250 knots. 
(b) COMPREHENSIVE MEDICAL EXAMINATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall develop a 
checklist for an individual to complete and provide to the physi-
cian performing the comprehensive medical examination 
required in subsection (a)(7). 
(2) REQUIREMENTS.—The checklist shall contain— 
(A) a section, for the individual to complete that con-
tains— 
(i) boxes 3 through 13 and boxes 16 through 19 
of the Federal Aviation Administration Form 8500– 
8 (3–99); and 
(ii) a signature line for the individual to affirm 
that— 
(I) the answers provided by the individual on 
that checklist, including the individual’s answers 
regarding medical history, are true and complete; 
(II) the individual understands that he or she 
is prohibited under Federal Aviation Administra-
tion regulations from acting as pilot in command, 
or any other capacity as a required flight crew 
Deadline. 
Checklist. 
Time period. 
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PUBLIC LAW 114–190—JULY 15, 2016 
member, if he or she knows or has reason to know 
of any medical deficiency or medically disqualifying 
condition that would make the individual unable 
to operate the aircraft in a safe manner; and 
(III) the individual is aware of the regulations 
pertaining to the prohibition on operations during 
medical deficiency and has no medically disquali-
fying conditions in accordance with applicable law; 
(B) a section with instructions for the individual to 
provide the completed checklist to the physician performing 
the comprehensive medical examination required in sub-
section (a)(7); and 
(C) a section, for the physician to complete, that 
instructs the physician— 
(i) to perform a clinical examination of— 
(I) head, face, neck, and scalp; 
(II) nose, sinuses, mouth, and throat; 
(III) ears, general (internal and external 
canals), and eardrums (perforation); 
(IV) eyes (general), ophthalmoscopic, pupils 
(equality and reaction), and ocular motility (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, amplitude, and 
character, and arms, legs, and others); 
(VIII) abdomen and viscera (including hernia); 
(IX) anus (not including digital examination); 
(X) skin; 
(XI) G–U system (not including pelvic exam-
ination); 
(XII) upper and lower extremities (strength 
and range of motion); 
(XIII) spine and other musculoskeletal; 
(XIV) identifying body marks, scars, and tat-
toos (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 align-
ment); 
(XXI) blood pressure and pulse; and 
(XXII) anything else the physician, in his or 
her medical judgment, considers necessary; 
(ii) to exercise medical discretion to address, as 
medically appropriate, any medical conditions identi-
fied, and to exercise medical discretion in determining 
whether any medical tests are warranted as part of 
the comprehensive medical examination; 
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130 STAT. 644 
PUBLIC LAW 114–190—JULY 15, 2016 
(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); 
Certifications. 
Coordination. 
Internet. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(C) A cardiovascular condition, limited to a one-time 
special issuance for each diagnosis of the following: 
(i) Myocardial infraction. 
(ii) Coronary heart disease that has required 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. 
Deadline. 
Deadline. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
Effective date. 
Regulations. 
Federal Register, 
publication. 
Deadline. 
Review. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(l) AUTHORITY TO REQUIRE ADDITIONAL INFORMATION.— 
(1) IN
GENERAL.—If the Administrator receives credible 
or urgent information, including from the National Driver 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 
49 USC 42301 
note prec. 
Deadline. 
Review. 
Deadline. 
49 USC 42301 
note. 
Deadlines. 
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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— 
Coordination. 
Deadline. 
Publication. 
Standards. 
Public 
information. 
Aviation Security 
Act of 2016. 
49 USC 44901 
note. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
Deadline. 
Reports. 
Recommenda- 
tions. 
Certification. 
Procedures. 
Records. 
Evaluation. 
Certification. 
Verification. 
Confidential 
information. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
Deadline. 
Deadline. 
Assessment. 
Determination. 
Coordination. 
Deadline. 
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PUBLIC LAW 114–190—JULY 15, 2016 
(4) The degree to which the foreign government of the 
country in which such airport is located mandates, encourages, 
or prohibits the collection, analysis, and sharing of passenger 
name records. 
(5) The passenger security screening practices, capabilities, 
and capacity of such airport. 
(6) The security vetting undergone by aviation workers 
at such airport. 
(7) The access controls utilized by such airport to limit 
to authorized personnel access to secure and sterile areas of 
such airports. 
SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN. 
(a) IN GENERAL.—Not later than 240 days after the date of 
enactment of this Act, the Administrator shall submit to Congress 
and the Government Accountability Office a plan— 
(1) to enhance and bolster security collaboration, 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 
Deadline. 
Deadline. 
Determination. 
Assessment. 
Contracts. 
Deadline. 
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130 STAT. 653 
PUBLIC LAW 114–190—JULY 15, 2016 
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. 
Deadline. 
Determination. 
Determination. 
Evaluation. 
Evacuation plan. 
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130 STAT. 654 
PUBLIC LAW 114–190—JULY 15, 2016 
SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT. 
(a) IN GENERAL.—The Administrator shall establish an 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 
Deadline. 
Reports. 
Deadline. 
Assessment. 
Determination. 
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130 STAT. 655 
PUBLIC LAW 114–190—JULY 15, 2016 
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 
Certification. 
Establishment. 
Recommenda- 
tions. 
List. 
Deadlines. 
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130 STAT. 656 
PUBLIC LAW 114–190—JULY 15, 2016 
TSA’s Passenger Screening Canine assets may be deployed 
and utilized for maximum efficiency to mitigate risk and 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— 
Deadline. 
Determination. 
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130 STAT. 657 
PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
Deadline. 
Public 
information. 
Regulations. 
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130 STAT. 658 
PUBLIC LAW 114–190—JULY 15, 2016 
(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. 
Deadline. 
Public 
information. 
Regulations. 
Deadline. 
Guidance. 
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130 STAT. 659 
PUBLIC LAW 114–190—JULY 15, 2016 
(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 
Deadline. 
Time periods. 
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130 STAT. 660 
PUBLIC LAW 114–190—JULY 15, 2016 
44903 of title 49, United States Code, or other Federal 
law; and 
(B) any information received by the Administration 
through the Rap Back service is provided directly and 
immediately to the relevant airport and aircraft operators. 
(3) REPORT TO CONGRESS.—Not later than 30 days after 
implementation of the Rap Back service described in paragraph 
(1), the Administrator shall submit to the appropriate 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 
Deadline. 
Consultation. 
Deadline. 
Deadline. 
Determination. 
Deadline. 
Coordination. 
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130 STAT. 661 
PUBLIC LAW 114–190—JULY 15, 2016 
(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). 
Determination. 
Verification. 
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130 STAT. 662 
PUBLIC LAW 114–190—JULY 15, 2016 
SEC. 3409. SECURITY DIRECTIVES. 
(a) REVIEW.—Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Administrator, 
in consultation with the appropriate regulated entities, shall 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; 
Recommenda- 
tions. 
Recommenda- 
tions. 
Assessment. 
Deadlines. 
Consultation. 
Determinations. 
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130 STAT. 663 
PUBLIC LAW 114–190—JULY 15, 2016 
(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 enact-
ment of this Act, the Administrator shall submit to the Committee 
on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and 
the Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the Aviation Security Advisory 
Committee review under this section, including any recommenda-
tions for improving passenger screening processes. 
SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECU-
RITY 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 recon-
figure and install security systems that increase efficiency and 
reduce vulnerabilities in airport terminals, particularly at airports 
that have large open areas at which screening is conducted. 
(b) SELECTION OF AIRPORTS.—In selecting airports for the pilot 
program established under subsection (a), the Administrator shall— 
(1) select airports from among airports classified by the 
TSA as Category X airports and that are able to begin the 
reconfiguration and installation of security systems expedi-
tiously; and 
(2) give priority to an airport that— 
(A) submits a proposal that seeks Federal funding for 
reconfiguration of such airport’s security systems; 
(B) has the space needed to reduce vulnerabilities and 
reconfigure existing security systems; and 
(C) is able to enter into a cost-sharing arrangement 
with the TSA under which such airport will provided 
funding towards the cost of such pilot program. 
SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING 
OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS. 
(a) IN GENERAL.—The Administrator shall establish a pilot 
program at three airports to develop and test prototypes of screening 
security systems and security checkpoint configurations that are 
intended to expedite the movement of passengers by deploying 
a range of technologies, including passive and active systems, new 
types of security baggage and personal screening systems, and 
new systems to review and address passenger and baggage anoma-
lies. 
(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 reconfig-
uration and installation of security systems expeditiously; 
(2) consider detection capabilities; and 
(3) give priority to an airport that— 
(A) submits a proposal that seeks Federal funding to 
test prototypes for new airport security systems; 
Recommenda- 
tions. 
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130 STAT. 664 
PUBLIC LAW 114–190—JULY 15, 2016 
(B) has the space needed to reduce vulnerabilities and 
reconfigure existing security systems; and 
(C) is able to enter into a cost-sharing arrangement 
with the TSA under which such airport will provided 
funding towards the cost of such pilot program. 
SEC. 3504. REPORT REQUIRED. 
Not later than 90 days after the date of the enactment of 
this Act, the Administrator shall submit to the Committee on Home-
land Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and a report on the pilot programs established under sections 
3502 and 3503 of this subtitle. 
SEC. 3505. FUNDING. 
The Administrator shall carry out the pilot programs estab-
lished under sections 3502 and 3503 of this subtitle using 
amounts— 
(1) appropriated to the TSA before the date of the enact-
ment of this Act and available for obligation as of such date 
of enactment; and 
(2) amounts obtained as reimbursements from airports 
under such pilot programs. 
SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE 
TRANSPORTATION SECURITY ADMINISTRATION. 
The Administrator, in carrying out the functions of the pilot 
programs established under sections 3502 and 3503 of this subtitle, 
may accept services, supplies, equipment, personnel, or facilities, 
without reimbursement, from any other public or private entity. 
Subtitle F—Miscellaneous Provisions 
SEC. 3601. VISIBLE DETERRENT. 
Section 1303 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and’’ at the end; 
(B) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(5) shall require, as appropriate based on risk, in the 
case of a VIPR team deployed to an airport, that the VIPR 
team conduct operations— 
‘‘(A) in the sterile area and any other areas to which 
only individuals issued security credentials have unescorted 
access; and 
‘‘(B) in nonsterile areas.’’; and 
(2) in subsection (b), by striking ‘‘such sums as necessary 
for fiscal years 2007 through 2011’’ and inserting ‘‘such sums 
as necessary, including funds to develop not more than 60 
VIPR teams, for fiscal years 2016 through 2018’’. 
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130 STAT. 665 
PUBLIC LAW 114–190—JULY 15, 2016 
LEGISLATIVE HISTORY—H.R. 636: 
HOUSE REPORTS: No. 114–21, Pt. 1 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): Feb. 13, considered and passed House. 
Vol. 162 (2016): Apr. 6, 7, 11–14, 18, 19, considered and passed Senate, 
amended. 
July 11, House concurred in Senate amendments with 
amendments pursuant to H. Res. 818. 
July 13, Senate concurred in House amendments. 
SEC. 3602. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND 
ACTIVE SHOOTER INCIDENTS. 
Paragraph (2) of section 2006(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 607(a)) is amended— 
(1) by redesignating subparagraphs (E) through (I) as sub-
paragraphs (F) through (J), respectively; and 
(2) by inserting after subparagraph (D) the following new 
subparagraph: 
‘‘(E) training exercises to enhance preparedness for 
and response to mass casualty and active shooter incidents 
and security events at public locations, including airports 
and mass transit systems;’’. 
SEC. 3603. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 
SYSTEMS. 
Subsection (a) of section 2008 of the Homeland Security Act 
of 2002 (6 U.S.C. 609) is amended— 
(1) by redesignating paragraphs (9) through (13) as para-
graphs (10) through (14), respectively; and 
(2) by inserting after paragraph (8) the following new para-
graph: 
‘‘(9) enhancing the security and preparedness of secure 
and nonsecure areas of eligible airports and surface transpor-
tation systems;’’. 
Approved July 15, 2016. 
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