H.R. 636 (114^th): FAA Extension, Safety, and Security Act of 2016

by striking fiscal years 2013 through 2016, and inserting fiscal years 2013 through 2017,; and

by inserting before the period at the end the following: or an extension of this Act.

in subsection (a)(2) by striking fiscal year 2016, and inserting fiscal year 2017,; and

in subsection (c)(2) by striking fiscal year 2016 and inserting fiscal year 2017.

in the matter preceding subparagraph (A), by striking July 16, 2016 and inserting October 1, 2017; and

in subparagraph (A), by striking the semicolon at the end and inserting or the FAA Extension, Safety, and Security Act of 2016;.

Persons

Section 4261(k)(1)(A)(ii) of such Code is amended by striking July 15, 2016 and inserting September 30, 2017.

Property

Section 4271(d)(1)(A)(ii) of such Code is amended by striking July 15, 2016 and inserting September 30, 2017.

Treatment as noncommercial aviation

Section 4083(b) of such Code is amended by striking July 16, 2016 and inserting October 1, 2017.

Exemption from ticket taxes

Section 4261(j) of such Code is amended by striking July 15, 2016 and inserting September 30, 2017.

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;

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;

the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and

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).

variations in training programs between air carriers;

instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a review of the air carrier’s training programs; and

actions taken by air carriers following requests described in paragraph (2).

the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the acceptance or validation of the relevant certificate or approval;

the travel is conducted at the request of the applicant or certificate-holder;

travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and

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.

the number of occasions on which the Administrator entered into reimbursable agreements under this section;

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;

the amount of reimbursements collected in accordance with agreements under this section; and

the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of certificates and design approvals.

Applicant

The term applicant means a person that has—

Certificate-holder

The term certificate-holder means a person that holds a certificate issued by the Administrator under part 21 of title 14, Code of Federal Regulations.

FAA

The term FAA means the Federal Aviation Administration.

all covered towers constructed on or after the date on which such regulations take effect are marked in accordance with subsection (b); and

a covered tower constructed before the date on which such regulations take effect is marked in accordance with subsection (b) not later than 1 year after such effective date.

In general

In this section, the following definitions apply:

Other definitions

The Administrator shall define such other terms as may be necessary to carry out this section.

develop a database that contains the location and height of each covered tower;

keep the database current to the extent practicable;

ensure that any proprietary information in the database is protected from disclosure in accordance with law; and

ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database—

In general

Not later than 240 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall facilitate and support the development of a comprehensive and strategic framework of principles and policies to reduce cybersecurity risks to the national airspace system, civil aviation, and agency information systems using a total systems approach that takes into consideration the interactions and interdependence of different components of aircraft systems and the national airspace system.

Scope

In carrying out paragraph (1), the Administrator shall—

Implementation requirements

In carrying out the activities under this subsection, the Administrator shall—

a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology’s latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and

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

any proposal for research and development cooperation with international partners;

an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and

objectives, proposed tasks, milestones, and a 5-year budgetary profile.

by redesignating subsection (f) as subsection (g);

by inserting after subsection (e) the following:

in subsection (g) (as so redesignated)—

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

not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized.

determined acceptable by the Administrator;

consistent with the applicable laws of the country in which the repair station is located; and

consistent with the United States obligations under international agreements.

in paragraph (6) by inserting , including everything that is on board or otherwise attached to the aircraft after 55 pounds; and

by striking paragraph (7) and inserting the following:

requirements for remote identification of unmanned aircraft systems;

appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and

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.

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.

Requirements

A safety statement required under subsection (a) shall include—

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).

Contents

The report required under paragraph (1) shall include the following:

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.

the date that is 18 months after the date of enactment of this Act; and

the date of the submission of the report under subsection (e).

make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and

explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.

In general

The Administrator of the Federal Aviation Administration (in this section referred to as the Administrator), in coordination with the Administrator of the National Aeronautics and Space Administration, shall continue development of a research plan for unmanned aircraft systems traffic management (in this section referred to as UTM) development and deployment.

Requirements

In developing the research plan, the Administrator shall—

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.

Deadlines

The Administrator shall—

In general

Not later than 90 days after the date of submission of the research plan under subsection (a)(4)(B), the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Committee, the research advisory committee established by section 44508(a) of title 49, United States Code, and representatives of the unmanned aircraft industry, shall establish a UTM system pilot program.

Sunset

Not later than 2 years after the date of establishment of the pilot program, the Administrator shall conclude the pilot program.

Application procedures

Determination

beyond the visual line of sight of the individual operating the unmanned aircraft system; and

during the day or at night.

activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—

activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and

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.

Covered facility

The term covered facility means—

Critical infrastructure

The term critical infrastructure has the meaning given that term in section 2339D of title 18, United States Code.

Certification to Congress

Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section.

Failure to meet certification deadline

If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in paragraph (1), shall update the process under section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section.

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds;

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds;

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and

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

to identify obstacles to attracting and maintaining air transportation service to and from small communities; and

to develop recommendations for maintaining and improving air transportation service to and from small communities.

interested Governors;

representatives of State and local agencies, and other officials and groups, representing rural States and other rural areas;

other representatives of relevant State and local agencies; and

members of the public with experience in aviation safety, pilot training, economic development, and related issues.

consider whether funding for, and the terms of, current or potential new programs are sufficient to help ensure continuation of or improvement to air transportation service to small communities, including the essential air service program and the small community air service development program;

identify initiatives to help support pilot training and aviation safety to maintain air transportation service to small communities;

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;

identify innovative State or local efforts that have established public-private partnerships that are successful in attracting and retaining air transportation service in small communities; and

consider such other issues as the Secretary considers appropriate.

In general

The working group shall be facilitated through the Secretary or the Secretary’s designee.

Membership

Members of the working group shall be appointed by the Secretary and shall include representatives of—

a summary of the views expressed by the participants in the outreach under subsection (b);

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

any recommendations for legislative or regulatory action that would assist in maintaining and improving air transportation service to and from small communities.

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

recalculation of the benefits of affected annuitants;

an adjustment to applicable monthly benefit amounts pursuant to such recalculation, to begin as soon as is practicable; and

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.

the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—

the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.

the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and

the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight.

examining the safety risks, hazard effects, and efficiency and operational effects for airports, airlines, and other stakeholders that could result from a loss of contract weather observer service at the 57 airports targeted for the loss of the service;

detailing how the Federal Aviation Administration will accurately report rapidly changing severe weather conditions at the airports, including thunderstorms, lightning, fog, visibility, smoke, dust, haze, cloud layers and ceilings, ice pellets, and freezing rain or drizzle, without contract weather observers;

indicating how airports can comply with applicable Federal Aviation Administration orders governing weather observations given the current documented limitations of automated surface observing systems; and

identifying the process through which the Federal Aviation Administration analyzed the safety hazards associated with the elimination of the contract weather observer program.

the individual possesses a valid driver's license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

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;

the most recent medical certificate issued by the Federal Aviation Administration to the individual—

the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied;

the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course;

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;

the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months and—

the individual is operating in accordance with the following conditions:

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in subsection (a)(7).

Requirements

The checklist shall contain—

Logbook

The completed checklist shall be retained in the individual's logbook and made available on request.

be available on the Internet free of charge;

be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;

educate pilots on conducting medical self-assessments;

advise pilots on identifying warning signs of potential serious medical conditions;

identify risk mitigation strategies for medical conditions;

increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;

encourage regular medical examinations and consultations with primary care physicians;

inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions;

provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and

upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation Administration—

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:

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.

Special rule for mental health conditions

Special rule for neurological conditions

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.

Consultations

In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

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).

In general

The Administrator shall implement procedures to expedite the process for obtaining an Authorization for Special Issuance of a Medical Certificate under section 67.401 of title 14, Code of Federal Regulations.

Consultations

In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

Report required

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing how the procedures implemented under paragraph (1) will streamline the process for obtaining an Authorization for Special Issuance of a Medical Certificate and reduce the amount of time needed to review and decide special issuance cases.

is authorized under Federal law to carry not more than 6 occupants; and

has a maximum certificated takeoff weight of not more than 6,000 pounds.

In general

If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator's Safety Hotline, that reflects on an individual's ability to safely operate a covered aircraft under the third-class medical certificate exemption in subsection (a), the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating a covered aircraft.

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.

by redesignating subparagraph (C) as subparagraph (D);

by inserting after subparagraph (B) the following:

in subparagraph (D) (as redesignated by paragraph (1) of this subsection) by striking subparagraphs (A) and (B) and inserting subparagraphs (A), (B), and (C).

coordinate with interested parties—

partner with the private sector to collect biographic and biometric identification information via kiosks, mobile devices, or other mobile enrollment platforms to increase enrollment flexibility and minimize the amount of travel to enrollment centers for applicants;

ensure that any information, including biographic information, is collected in a manner that—

ensure that the enrollment process is streamlined and flexible to allow an individual to provide additional information to complete enrollment and verify identity;

ensure that any enrollment expansion using a private sector risk assessment instead of a fingerprint-based criminal history records check is evaluated and certified by the Secretary of Homeland Security, and verified by the Government Accountability Office or a federally funded research and development center after award to be equivalent to a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to the effectiveness of identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and

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.

in accordance with such standards, develop and implement—

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.

coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in the PreCheck Program;

partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and

consider leveraging the existing resources and abilities of airports to conduct fingerprint and background checks to expedite identity verification.

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

make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.

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.

The intelligence and threat mitigation capabilities of the country in which such airport is located.

The number of known or suspected terrorists annually transiting through such airport.

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.

The passenger security screening practices, capabilities, and capacity of such airport.

The security vetting undergone by aviation workers at such airport.

The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.

to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be high risk; and

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.

The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.

An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.

An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.

How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.

The total dollar value of such donation.

In general

If the Administrator determines that a foreign country’s air cargo security program evaluated under subsection (a) provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator shall approve and officially recognize such foreign country’s air cargo security program.

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.

In general

If the Administrator determines at any time that a foreign country’s air cargo security program approved and officially recognized under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator may revoke or temporarily suspend such approval and official recognition until such time as the Administrator determines that such foreign country’s cargo security programs provide a level of security commensurate with the level of security required by such United States air cargo security programs.

Notification

If the Administrator revokes or suspends pursuant to paragraph (1) a foreign country’s air cargo security program, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after such revocation or suspension.

active shooter scenarios;

incident response;

use of canines;

mitigation of insider threats;

perimeter security;

operation and maintenance of security screening technology; and

recurrent related training and exercises.

Utilize the TSA’s Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.

Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness.

Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.

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.

direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each such airport; and

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.

report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding how the TSA’s Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and

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.

In general

Not later than 90 days after the date of the enactment of this Act, the Administrator shall conduct or update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport (as such term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity.

Considerations

In conducting or updating the assessment under paragraph (1), the Administrator shall consider—

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

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

regular updates about the insider threat environment as new information becomes available or as needed.

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.

Considerations

As part of the update under paragraph (1), the Administrator shall consider—

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

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.

In general

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

Inclusions

The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background checks and employment authorization documents issued by United States Citizenship and Immigration Services during the course of a review of procedures under such paragraph.

In general

Not later than 180 days after the date of the enactment of this Act, and subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.

Disqualifying criminal offenses

In revising the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations and section 1572.103 of title 49, Code of Federal Regulations.

Waiver process for denied credentials

Notwithstanding section 44936(b) of title 49, United States Code, in revising the regulations under paragraph (1) of this subsection, the Administrator shall—

Look back

In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual’s application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date of the individual’s application.

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—

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.

Rule of construction

Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA.

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.

Requirements

As part of the requirement in paragraph (1), the Administrator shall ensure that—

Report to Congress

Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a report on the such implementation.

adherence to access point procedures;

proper use of credentials;

differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport;

differences in access point characteristics and requirements at airports; and

any additional factors the Administrator considers necessary to measure performance.

use intelligence, scientific algorithms, and risk-based factors;

ensure integrity, accountability, and control;

subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;

appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and

include validation of identification materials, such as with biometrics.

verify the credentials of such airport workers;

determine whether such airport workers possess prohibited items, except for those items that may be necessary for the performance of such airport workers’ duties, as appropriate, in any SIDA of an airport; and

verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.

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—

Best practices

After completing the review under paragraph (1), the Administrator shall—

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).

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).

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).

determine whether each such security directive continues to be relevant;

determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and

update, consolidate, or revoke any security directive as necessary.

the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and

when it is anticipated that each such security directive will expire.

the configuration of a checkpoint;

technology innovation;

ways to address any vulnerabilities identified in audits of checkpoint operations;

ways to prevent security breaches at airports at which Federal security screening is provided;

best practices in aviation security;

recommendations from airports and aircraft operators, and any relevant advisory committees; and

curb to curb processes and procedures.

select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and

give priority to an airport that—

select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and installation of security systems expeditiously;

consider detection capabilities; and

give priority to an airport that—