[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 213
115th CONGRESS
  1st Session
                                H. R. 2997

                          [Report No. 115-296]

To transfer operation of air traffic services currently provided by the 
Federal Aviation Administration to a separate not-for-profit corporate 
entity, to reauthorize programs of the Federal Aviation Administration, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2017

  Mr. Shuster (for himself, Mr. LoBiondo, Mr. Graves of Missouri, Mr. 
Mitchell, Ms. Hanabusa, and Ms. Sinema) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

                           September 6, 2017

 Additional sponsors: Mr. Smucker, Mr. Farenthold, Mr. Westerman, Mr. 
  Faso, Mr. LaMalfa, Mr. Mast, Mr. Sanford, Mr. Denham, Mr. Lewis of 
   Minnesota, Mr. Biggs, Mr. Rodney Davis of Illinois, Mr. Duncan of 
 Tennessee, Mr. Crawford, Mr. Woodall, Mr. Messer, Mr. Bacon, and Mr. 
                           Gonzalez of Texas

                           September 6, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               22, 2017]


_______________________________________________________________________

                                 A BILL


 
To transfer operation of air traffic services currently provided by the 
Federal Aviation Administration to a separate not-for-profit corporate 
entity, to reauthorize programs of the Federal Aviation Administration, 
                        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 ``21st Century 
Aviation Innovation, Reform, and Reauthorization Act'' or the ``21st 
Century AIRR Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

Sec. 101. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Adjustment to AIP program funding.
Sec. 105. Funding for aviation programs.
Sec. 106. Applicability.

                 Subtitle B--Passenger Facility Charges

Sec. 111. Passenger facility charge modernization.
Sec. 112. Pilot program for passenger facility charge authorizations.

         Subtitle C--Airport Improvement Program Modifications

Sec. 121. Clarification of airport obligation to provide FAA airport 
                            space.
Sec. 122. Mothers' rooms at airports.
Sec. 123. Extension of competitive access reports.
Sec. 124. Grant assurances.
Sec. 125. Government share of project costs.
Sec. 126. Updated veterans' preference.
Sec. 127. Special rule.
Sec. 128. Marshall Islands, Micronesia, and Palau.
Sec. 129. Nondiscrimination.
Sec. 130. State block grant program expansion.
Sec. 131. Midway Island Airport.
Sec. 132. Property conveyance releases.
Sec. 133. Minority and disadvantaged business participation.
Sec. 134. Contract tower program.
Sec. 135. Airport access roads in remote locations.
Sec. 136. Buy America requirements.

        Subtitle D--Airport Noise and Environmental Streamlining

Sec. 151. Recycling plans for airports.
Sec. 152. Pilot program sunset.
Sec. 153. Extension of grant authority for compatible land use planning 
                            and projects by State and local 
                            governments.
Sec. 154. Updating airport noise exposure maps.
Sec. 155. Stage 3 aircraft study.
Sec. 156. Addressing community noise concerns.
Sec. 157. Study on potential health impacts of overflight noise.
Sec. 158. Environmental mitigation pilot program.
Sec. 159. Aircraft noise exposure.
Sec. 160. Community involvement in FAA NextGen projects located in 
                            metroplexes.
Sec. 161. Critical habitat on or near airport property.
Sec. 162. Clarification of reimbursable allowed costs of FAA memoranda 
                            of agreement.

         TITLE II--AMERICAN AIR NAVIGATION SERVICES CORPORATION

Sec. 201. Purposes.

       Subtitle A--Establishment of Air Traffic Services Provider

Sec. 211. American Air Navigation Services Corporation.

            Subtitle B--Amendments to Federal Aviation Laws

Sec. 221. Definitions.
Sec. 222. Sunset of FAA air traffic entities and officers.
Sec. 223. Role of Administrator.
Sec. 224. Emergency powers.
Sec. 225. Presidential transfers in time of war.
Sec. 226. Airway capital investment plan before date of transfer.
Sec. 227. Aviation facilities before date of transfer.
Sec. 228. Judicial review.
Sec. 229. Civil penalties.

                       Subtitle C--Other Matters

Sec. 241. Use of Federal technical facilities.
Sec. 242. Ensuring progress on NextGen priorities before date of 
                            transfer.
Sec. 243. Severability.
Sec. 244. Prohibition on receipt of Federal funds.

               TITLE III--FAA SAFETY CERTIFICATION REFORM

                     Subtitle A--General Provisions

Sec. 301. Definitions.
Sec. 302. Safety Oversight and Certification Advisory Committee.

               Subtitle B--Aircraft Certification Reform

Sec. 311. Aircraft certification performance objectives and metrics.
Sec. 312. Organization designation authorizations.
Sec. 313. ODA review.
Sec. 314. Type certification resolution process.
Sec. 315. Safety enhancing equipment and systems for small general 
                            aviation airplanes.
Sec. 316. Review of certification process for small general aviation 
                            airplanes.

                  Subtitle C--Flight Standards Reform

Sec. 331. Flight standards performance objectives and metrics.
Sec. 332. FAA task force on flight standards reform.
Sec. 333. Centralized safety guidance database.
Sec. 334. Regulatory Consistency Communications Board.

                      Subtitle D--Safety Workforce

Sec. 341. Safety workforce training strategy.
Sec. 342. Workforce review.

                   Subtitle E--International Aviation

Sec. 351. Promotion of United States aerospace standards, products, and 
                            services abroad.
Sec. 352. Bilateral exchanges of safety oversight responsibilities.
Sec. 353. FAA leadership abroad.
Sec. 354. Registration, certification, and related fees.

                            TITLE IV--SAFETY

                     Subtitle A--General Provisions

Sec. 401. FAA technical training.
Sec. 402. Safety critical staffing.
Sec. 403. International efforts regarding tracking of civil aircraft.
Sec. 404. Aircraft data access and retrieval systems.
Sec. 405. Advanced cockpit displays.
Sec. 406. Marking of towers.
Sec. 407. Cabin evacuation.
Sec. 408. ODA staffing and oversight.
Sec. 409. Funding for additional safety needs.
Sec. 410. Funding for additional FAA licensing needs.
Sec. 411. Emergency medical equipment on passenger aircraft.
Sec. 412. HIMS program.
Sec. 413. Acceptance of voluntarily provided safety information.
Sec. 414. Flight attendant duty period limitations and rest 
                            requirements.
Sec. 415. Secondary cockpit barriers.
Sec. 416. Aviation maintenance industry technical workforce.
Sec. 417. Critical airfield markings.

                 Subtitle B--Unmanned Aircraft Systems

Sec. 431. Definitions.
Sec. 432. Codification of existing law; additional provisions.
Sec. 433. Unmanned aircraft test ranges.
Sec. 434. Sense of Congress regarding unmanned aircraft safety.
Sec. 435. UAS privacy review.
Sec. 436. Public UAS operations by Tribal governments.
Sec. 437. Evaluation of aircraft registration for small unmanned 
                            aircraft.
Sec. 438. Study on roles of governments relating to low-altitude 
                            operation of small unmanned aircraft.
Sec. 439. Study on financing of unmanned aircraft services.
Sec. 440. Update of FAA comprehensive plan.
Sec. 441. Cooperation related to certain counter-UAS technology.

                   TITLE V--AIR SERVICE IMPROVEMENTS

           Subtitle A--Airline Customer Service Improvements

Sec. 501. Reliable air service in American Samoa.
Sec. 502. Cell phone voice communication ban.
Sec. 503. Advisory committee for aviation consumer protection.
Sec. 504. Improved notification of insecticide use.
Sec. 505. Advertisements and disclosure of fees for passenger air 
                            transportation.
Sec. 506. Involuntarily bumping passengers after aircraft boarded.
Sec. 507. Availability of consumer rights information.
Sec. 508. Consumer complaints hotline.
Sec. 509. Widespread disruptions.
Sec. 510. Involuntarily denied boarding compensation.
Sec. 511. Consumer information on actual flight times.
Sec. 512. Advisory committee for transparency in air ambulance 
                            industry.
Sec. 513. Air ambulance complaints.
Sec. 514. Passenger rights.

            Subtitle B--Aviation Consumers With Disabilities

Sec. 541. Select subcommittee.
Sec. 542. Aviation consumers with disabilities study.
Sec. 543. Feasibility study on in-cabin wheelchair restraint systems.
Sec. 544. Access advisory committee recommendations.

                Subtitle C--Small Community Air Service

Sec. 551. Essential air service authorization.
Sec. 552. Extension of final order establishing mileage adjustment 
                            eligibility.
Sec. 553. Study on essential air service reform.
Sec. 554. Small community air service.
Sec. 555. Air transportation to noneligible places.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Review of FAA strategic cybersecurity plan.
Sec. 602. Consolidation and realignment of FAA services and facilities.
Sec. 603. FAA review and reform.
Sec. 604. Aviation fuel.
Sec. 605. Right to privacy when using air traffic control system.
Sec. 606. Air shows.
Sec. 607. Part 91 review, reform, and streamlining.
Sec. 608. Aircraft registration.
Sec. 609. Air transportation of lithium cells and batteries.
Sec. 610. Remote tower pilot program for rural and small communities.
Sec. 611. Ensuring FAA readiness to provide seamless oceanic 
                            operations.
Sec. 612. Sense of Congress regarding women in aviation.
Sec. 613. Obstruction evaluation aeronautical studies.
Sec. 614. Aircraft leasing.
Sec. 615. Report on obsolete test equipment.
Sec. 616. Retired military controllers.
Sec. 617. Pilots sharing flight expenses with passengers.
Sec. 618. Aviation rulemaking committee for part 135 pilot rest and 
                            duty rules.
Sec. 619. Metropolitan Washington Airports Authority.
Sec. 620. Terminal Aerodrome Forecast.
Sec. 621. Federal Aviation Administration employees stationed on Guam.
Sec. 622. Technical corrections.
Sec. 623. Application of veterans' preference to Federal Aviation 
                            Administration personnel management system.
Sec. 624. Public aircraft eligible for logging flight times.
Sec. 625. Federal Aviation Administration workforce review.
Sec. 626. State taxation.
Sec. 627. Aviation and aerospace workforce of the future.
Sec. 628. Future aviation and aerospace workforce study.
Sec. 629. FAA leadership on civil supersonic aircraft.
Sec. 630. Oklahoma registry office.
Sec. 631. Foreign air transportation under United States-European Union 
                            Air Transport Agreement.
Sec. 632. Training on human trafficking for certain staff.
Sec. 633. Part 107 implementation improvements.
Sec. 634. Part 107 transparency and technology improvements.
Sec. 635. Prohibitions against smoking on passenger flights.
Sec. 636. Consumer protection requirements relating to large ticket 
                            agents.
Sec. 637. Agency procurement reporting requirements.
Sec. 638. Zero-emission vehicles and technology.
Sec. 639. Employee Assault Prevention and Response Plans.
Sec. 640. Study on training of customer-facing air carrier employees.
Sec. 641. Minimum dimensions for passenger seats.
Sec. 642. Study of ground transportation options.

SEC. 2. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments 
made by this Act shall take effect on the date of enactment of this 
Act.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Authorization.--Section 48103(a) of title 49, United States 
Code, is amended by striking ``section 47504(c)'' and all that follows 
through the period at the end and inserting the following: ``section 
47504(c)--
            ``(1) $3,597,000,000 for fiscal year 2018;
            ``(2) $3,666,000,000 for fiscal year 2019;
            ``(3) $3,746,000,000 for fiscal year 2020;
            ``(4) $3,829,000,000 for fiscal year 2021;
            ``(5) $3,912,000,000 for fiscal year 2022; and
            ``(6) $3,998,000,000 for fiscal year 2023.''.
    (b) Obligation Authority.--Section 47104(c) of title 49, United 
States Code, is amended in the matter preceding paragraph (1) by 
striking ``September 30, 2017,'' and inserting ``September 30, 2023,''.

SEC. 102. FACILITIES AND EQUIPMENT.

    (a) Authorization of Appropriations From Airport and Airway Trust 
Fund.--Section 48101(a) of title 49, United States Code, is amended by 
striking paragraphs (1) through (5) and inserting the following:
            ``(1) $2,920,000,000 for fiscal year 2018.
            ``(2) $2,984,000,000 for fiscal year 2019.
            ``(3) $3,049,000,000 for fiscal year 2020.''.
    (b) Set Asides.--Section 48101(d) of title 49, United States Code, 
is amended by inserting ``, carried out using amounts appropriated 
under subsection (a),'' after ``air traffic control modernization 
project''.
    (c) Authorization of Appropriations From General Fund.--
            (1) In general.--Title 49, United States Code, is amended 
        by inserting after section 48101 the following:
``Sec. 48101a. Other facilities and equipment
    ``There is authorized to be appropriated to the Secretary of 
Transportation to acquire, establish, and improve facilities and 
equipment (other than facilities and equipment relating to air traffic 
services)--
            ``(1) $189,000,000 for fiscal year 2021;
            ``(2) $193,000,000 for fiscal year 2022; and
            ``(3) $198,000,000 for fiscal year 2023.''.
            (2) Clerical amendment.--The analysis for chapter 481 of 
        title 49, United States Code, is amended by inserting after the 
        item relating to section 48101 the following:

``48101a. Other facilities and equipment.''.
            (3) Conforming amendments.--
                    (A) Submission of budget information and 
                legislative recommendations and comments.--Section 
                48109 of title 49, United States Code, is amended by 
                inserting ``, 48101a,'' before ``or 48102''.
                    (B) Reprogramming notification requirement.--
                Section 48113 of title 49, United States Code, is 
                amended by inserting ``48101a,'' before ``or 48103''.

SEC. 103. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k)(1) of title 49, United States Code, is amended--
            (1) in the paragraph heading by inserting ``from general 
        fund'' after ``maintenance''; and
            (2) by striking subparagraphs (A) through (E) and inserting 
        the following:
                    ``(A) $2,059,000,000 for fiscal year 2018;
                    ``(B) $2,126,000,000 for fiscal year 2019;
                    ``(C) $2,197,000,000 for fiscal year 2020;
                    ``(D) $1,957,000,000 for fiscal year 2021;
                    ``(E) $2,002,000,000 for fiscal year 2022; and
                    ``(F) $2,047,000,000 for fiscal year 2023.''.
    (b) Authorization of Appropriations From Airport and Airway Trust 
Fund.--Section 106(k)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Salaries, operations, and maintenance from airport 
        and airway trust fund.--There is authorized to be appropriated 
        to the Secretary out of the Airport and Airway Trust Fund 
        established under section 9502 of the Internal Revenue Code of 
        1986 for salaries, operations, and maintenance of the 
        Administration--
                    ``(A) $8,073,000,000 for fiscal year 2018;
                    ``(B) $8,223,000,000 for fiscal year 2019; and
                    ``(C) $8,374,000,000 for fiscal year 2020.''.
    (c) Authority To Transfer Funds.--Section 106(k)(3) of title 49, 
United States Code, is amended--
            (1) by striking ``fiscal years 2012 through 2017'' and 
        inserting ``fiscal years 2018 through 2020''; and
            (2) by striking ``paragraph (1)'' each place it appears and 
        inserting ``paragraphs (1) and (2)''.

SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING.

    Section 48112 of title 49, United States Code, and the item 
relating to such section in the analysis for chapter 481 of such title, 
are repealed.

SEC. 105. FUNDING FOR AVIATION PROGRAMS.

    Section 48114(a)(1)(A)(ii) of title 49, United States Code, is 
amended by striking ``in fiscal year 2014 and each fiscal year 
thereafter'' and inserting ``in fiscal years 2014 through 2017''.

SEC. 106. APPLICABILITY.

    This subtitle, and the amendments made by this subtitle, shall 
apply only to fiscal years beginning after September 30, 2017.

                 Subtitle B--Passenger Facility Charges

SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION.

    Section 40117(b) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``or $3'' and inserting 
        ``$3, $4, or $4.50'';
            (2) by repealing paragraph (4);
            (3) in paragraph (6)--
                    (A) by striking ``specified in paragraphs (1) and 
                (4)'' and inserting ``specified in paragraph (1)''; and
                    (B) by striking ``imposed under paragraph (1) or 
                (4)'' and inserting ``imposed under paragraph (1)''; 
                and
            (4) in paragraph (7)(A)--
                    (A) by striking ``specified in paragraphs (1), (4), 
                and (6)'' and inserting ``specified in paragraphs (1) 
                and (6)''; and
                    (B) by striking ``imposed under paragraph (1) or 
                (4)'' and inserting ``imposed under paragraph (1)''.

SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY CHARGE AUTHORIZATIONS.

    Section 40117(l) of title 49, United States Code, is amended--
            (1) in the subsection heading by striking  ``at Nonhub 
        Airports''; and
            (2) in paragraph (1) by striking ``nonhub''.

         Subtitle C--Airport Improvement Program Modifications

SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO PROVIDE FAA AIRPORT 
              SPACE.

    Section 44502 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Airport Space.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Administrator of the Federal Aviation Administration may not 
        require an airport owner, operator, or sponsor (as defined in 
        section 47102) to provide building construction, maintenance, 
        utilities, administrative support, or space on airport property 
        to the Federal Aviation Administration without adequate 
        compensation.
            ``(2) Exceptions.--Paragraph (1) does not apply in any case 
        in which an airport owner, operator, or sponsor--
                    ``(A) provides land or buildings without 
                compensation prior to the date of transfer (as defined 
                in section 90101(a)) to the Federal Aviation 
                Administration for facilities used to carry out 
                activities related to air traffic control or navigation 
                pursuant to a grant assurance; or
                    ``(B) provides goods or services to the Federal 
                Aviation Administration without compensation or at 
                below-market rates pursuant to a negotiated agreement 
                between the owner, operator, or sponsor and the 
                Administrator.''.

SEC. 122. MOTHERS' ROOMS AT AIRPORTS.

    (a) Lactation Area Defined.--Section 47102 of title 49, United 
States Code, is amended by adding at the end the following:
            ``(29) `lactation area' means a room or other location in a 
        commercial service airport that--
                    ``(A) provides a location for members of the public 
                to express breast milk that is shielded from view and 
                free from intrusion from the public;
                    ``(B) has a door that can be locked;
                    ``(C) includes a place to sit, a table or other 
                flat surface, and an electrical outlet;
                    ``(D) is readily accessible to and usable by 
                individuals with disabilities, including individuals 
                who use wheelchairs; and
                    ``(E) is not located in a restroom.''.
    (b) Project Grant Written Assurances for Large and Medium Hub 
Airports.--
            (1) In general.--Section 47107(a) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (20) by striking ``and'' at the 
                end;
                    (B) in paragraph (21) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(22) with respect to a medium or large hub airport, the 
        airport owner or operator will maintain a lactation area in 
        each passenger terminal building of the airport in the sterile 
        area (as defined in section 1540.5 of title 49, Code of Federal 
        Regulations) of the building.''.
            (2) Applicability.--
                    (A) In general.--The amendment made by paragraph 
                (1) shall apply to a project grant application 
                submitted for a fiscal year beginning on or after the 
                date that is 2 years after the date of enactment of 
                this Act.
                    (B) Special rule.--The requirement in the amendment 
                made by paragraph (1) that a lactation area be located 
                in the sterile area of a passenger terminal building 
                shall not apply with respect to a project grant 
                application for a period of time, determined by the 
                Secretary of Transportation, if the Secretary 
                determines that construction or maintenance activities 
                make it impracticable or unsafe for the lactation area 
                to be located in the sterile area of the building.
    (c) Terminal Development Costs.--Section 47119(a) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(3) Lactation areas.--In addition to the projects 
        described in paragraph (1), the Secretary may approve a project 
        for terminal development for the construction or installation 
        of a lactation area at a commercial service airport.''.
    (d) Pre-Existing Facilities.--On application by an airport sponsor, 
the Secretary may determine that a lactation area in existence on the 
date of enactment of this Act complies with the requirement of section 
47107(a)(22) of title 49, United States Code, as added by this section, 
notwithstanding the absence of one of the facilities or characteristics 
referred to in the definition of the term ``lactation area'' in section 
47102 of such title, as added by this section.

SEC. 123. EXTENSION OF COMPETITIVE ACCESS REPORTS.

    Section 47107(r)(3) of title 49, United States Code, is amended by 
striking ``October 1, 2017'' and inserting ``October 1, 2023''.

SEC. 124. GRANT ASSURANCES.

    (a) Construction of Recreational Aircraft.--Section 47107 is 
amended by adding at the end the following:
    ``(u) Construction of Recreational Aircraft.--
            ``(1) In general.--The construction of a covered aircraft 
        shall be treated as an aeronautical activity for purposes of--
                    ``(A) determining an airport's compliance with a 
                grant assurance made under this section or any other 
                provision of law; and
                    ``(B) the receipt of Federal financial assistance 
                for airport development.
            ``(2) Covered aircraft defined.--In this subsection, the 
        term `covered aircraft' means an aircraft--
                    ``(A) used or intended to be used exclusively for 
                recreational purposes; and
                    ``(B) constructed or under construction by a 
                private individual at a general aviation airport.''.
    (b) Community Use of Airport Land.--Section 47107 of title 49, 
United States Code, as amended by this section, is further amended by 
adding at the end the following:
    ``(v) Community Use of Airport Land.--
            ``(1) In general.--Notwithstanding subsection (a)(13), and 
        subject to paragraph (2), the sponsor of a public-use airport 
        shall not be considered to be in violation of this subtitle, or 
        to be found in violation of a grant assurance made under this 
        section, or under any other provision of law, as a condition 
        for the receipt of Federal financial assistance for airport 
        development, solely because the sponsor has entered into an 
        agreement, including a revised agreement, with a local 
        government providing for the use of airport property for an 
        interim compatible recreational purpose at below fair market 
        value.
            ``(2) Restrictions.--This subsection shall apply only--
                    ``(A) to an agreement regarding airport property 
                that was initially entered into before the publication 
                of the Federal Aviation Administration's Policy and 
                Procedures Concerning the Use of Airport Revenue, dated 
                February 16, 1999;
                    ``(B) if the agreement between the sponsor and the 
                local government is subordinate to any existing or 
                future agreements between the sponsor and the 
                Secretary, including agreements related to a grant 
                assurance under this section;
                    ``(C) to airport property that was acquired under a 
                Federal airport development grant program;
                    ``(D) if the airport sponsor has provided a written 
                statement to the Administrator that the property made 
                available for a recreational purpose will not be needed 
                for any aeronautical purpose during the next 10 years;
                    ``(E) if the agreement includes a term of not more 
                than 2 years to prepare the airport property for the 
                interim compatible recreational purpose and not more 
                than 10 years of use for that purpose;
                    ``(F) if the recreational purpose will not impact 
                the aeronautical use of the airport;
                    ``(G) if the airport sponsor provides a 
                certification that the sponsor is not responsible for 
                preparation, start-up, operations, maintenance, or any 
                other costs associated with the recreational purpose; 
                and
                    ``(H) if the recreational purpose is consistent 
                with Federal land use compatibility criteria under 
                section 47502.
            ``(3) Statutory construction.--Nothing in this subsection 
        may be construed as permitting a diversion of airport revenue 
        for the capital or operating costs associated with the 
        community use of airport land.''.

SEC. 125. GOVERNMENT SHARE OF PROJECT COSTS.

    Section 47109(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``primary airport having 
        at least .25 percent of the total number of passenger boardings 
        each year at all commercial service airports;'' and inserting 
        ``medium or large hub airport;''; and
            (2) by striking paragraph (5) and inserting the following:
            ``(5) 95 percent for a project that--
                    ``(A) the Administrator determines is a successive 
                phase of a multi-phase construction project for which 
                the sponsor received a grant in fiscal year 2011; and
                    ``(B) for which the United States Government's 
                share of allowable project costs could otherwise be 90 
                percent under paragraph (2) or (3).''.

SEC. 126. UPDATED VETERANS' PREFERENCE.

    Section 47112(c)(1)(C) of title 49, United States Code, is 
amended--
            (1) by striking ``or Operation New Dawn for more'' and 
        inserting ``Operation New Dawn, Operation Inherent Resolve, 
        Operation Freedom's Sentinel, or any successor contingency 
        operation to such operations for more''; and
            (2) by striking ``or Operation New Dawn (whichever is 
        later)'' and inserting ``Operation New Dawn, Operation Inherent 
        Resolve, Operation Freedom's Sentinel, or any successor 
        contingency operation to such operations (whichever is 
        later)''.

SEC. 127. SPECIAL RULE.

    Section 47114(d)(3) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(C) During fiscal years 2018 through 2020--
                            ``(i) an airport that accrued apportionment 
                        funds under subparagraph (A) in fiscal year 
                        2013 that is listed as having an unclassified 
                        status under the most recent national plan of 
                        integrated airport systems shall continue to 
                        accrue apportionment funds under subparagraph 
                        (A) at the same amount the airport accrued 
                        apportionment funds in fiscal year 2013, 
                        subject to the conditions of this paragraph;
                            ``(ii) notwithstanding the period of 
                        availability as described in section 47117(b), 
                        an amount apportioned to an airport under 
                        clause (i) shall be available to the airport 
                        only during the fiscal year in which the amount 
                        is apportioned; and
                            ``(iii) notwithstanding the waiver 
                        permitted under section 47117(c)(2), an airport 
                        receiving apportionment funds under clause (i) 
                        may not waive its claim to any part of the 
                        apportioned funds in order to make the funds 
                        available for a grant for another public-use 
                        airport.
                    ``(D) An airport that re-establishes its classified 
                status shall be eligible to accrue apportionment funds 
                pursuant to subparagraph (A) so long as such airport 
                retains its classified status.''.

SEC. 128. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

    Section 47115 of title 49, United States Code, is amended--
            (1) by striking subsection (i);
            (2) by redesignating subsection (j) as subsection (i); and
            (3) in subsection (i) (as so redesignated) by striking 
        ``fiscal years 2012 through 2017'' and inserting ``fiscal years 
        2017 through 2023''.

SEC. 129. NONDISCRIMINATION.

    Section 47123 of title 49, United States Code, is amended--
            (1) by striking ``The Secretary of Transportation'' and 
        inserting the following:
    ``(a) In General.--The Secretary of Transportation''; and
            (2) by adding at the end the following:
    ``(b) Indian Employment.--
            ``(1) Tribal sponsor preference.--Consistent with section 
        703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), 
        nothing in this section shall preclude the preferential 
        employment of Indians living on or near a reservation on a 
        project or contract at--
                    ``(A) an airport sponsored by an Indian tribal 
                government; or
                    ``(B) an airport located on an Indian reservation.
            ``(2) State preference.--A State may implement a preference 
        for employment of Indians on a project carried out under this 
        subchapter near an Indian reservation.
            ``(3) Implementation.--The Secretary shall cooperate with 
        Indian tribal governments and the States to implement this 
        subsection.
            ``(4) Indian tribal government defined.--In this section, 
        the term `Indian tribal government' has the same meaning given 
        that term in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).''.

SEC. 130. STATE BLOCK GRANT PROGRAM EXPANSION.

    Section 47128(a) of title 49, United States Code, is amended by 
striking ``not more than 9 qualified States for fiscal years 2000 and 
2001 and 10 qualified States for each fiscal year thereafter'' and 
inserting ``not more than 20 qualified States for each fiscal year''.

SEC. 131. MIDWAY ISLAND AIRPORT.

    Section 186(d) of the Vision 100--Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended in the first sentence 
by striking ``fiscal years 2012 through 2017'' and inserting ``fiscal 
years 2017 through 2023''.

SEC. 132. PROPERTY CONVEYANCE RELEASES.

    Section 817(a) of the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 47125 note) is amended--
            (1) by striking ``or section 23'' and inserting ``, section 
        23''; and
            (2) by inserting ``, or section 47125 of title 49, United 
        States Code'' before the period at the end.

SEC. 133. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

    Congress finds the following:
            (1) While significant progress has occurred due to the 
        establishment of the airport disadvantaged business enterprise 
        program (49 U.S.C. 47107(e) and 47113), discrimination and 
        related barriers continue to pose significant obstacles for 
        minority- and women-owned businesses seeking to do business in 
        airport-related markets across the Nation. These continuing 
        barriers merit the continuation of the airport disadvantaged 
        business enterprise program.
            (2) Congress has received and reviewed testimony and 
        documentation of race and gender discrimination from numerous 
        sources, including congressional hearings and roundtables, 
        scientific reports, reports issued by public and private 
        agencies, news stories, reports of discrimination by 
        organizations and individuals, and discrimination lawsuits. 
        This testimony and documentation shows that race- and gender-
        neutral efforts alone are insufficient to address the problem.
            (3) This testimony and documentation demonstrates that 
        discrimination across the Nation poses a barrier to full and 
        fair participation in airport-related businesses of women 
        business owners and minority business owners in the racial 
        groups detailed in parts 23 and 26 of title 49, Code of Federal 
        Regulations, and has impacted firm development and many aspects 
        of airport-related business in the public and private markets.
            (4) This testimony and documentation provides a strong 
        basis that there is a compelling need for the continuation of 
        the airport disadvantaged business enterprise program and the 
        airport concessions disadvantaged business enterprise program 
        to address race and gender discrimination in airport-related 
        business.

SEC. 134. CONTRACT TOWER PROGRAM.

    (a) Air Traffic Control Contract Program.--
            (1) Special rule.--Section 47124(b)(1)(B) of title 49, 
        United States Code, is amended by striking ``exceeds the 
        benefit for a period of 18 months after such determination is 
        made'' and inserting the following: ``exceeds the benefit--
                            ``(i) for the 1-year period after such 
                        determination is made; or
                            ``(ii) if an appeal of such determination 
                        is requested, for the 1-year period described 
                        in subsection (d)(4)(D)''.
            (2) Funding of cost-share program.--Section 47124(b)(3)(E) 
        of title 49, United States Code, is amended to read as follows:
                    ``(E) Funding.--Amounts appropriated pursuant to 
                section 106(k)(1) may be used to carry out this 
                paragraph.''.
            (3) Construction of air traffic control towers.--
                    (A) Grants.--Section 47124(b)(4)(A) of title 49, 
                United States Code, is amended in each of clauses 
                (i)(III) and (ii)(III) by inserting ``, including 
                remote air traffic control tower equipment certified by 
                the Federal Aviation Administration'' after ``1996''.
                    (B) Eligibility.--Section 47124(b)(4)(B) of title 
                49, United States Code, is amended to read as follows:
                    ``(B) Eligibility.--
                            ``(i) Before date of transfer.--Before the 
                        date of transfer (as defined in section 
                        90101(a)), an airport sponsor shall be eligible 
                        for a grant under this paragraph only if--
                                    ``(I)(aa) the sponsor is a 
                                participant in the Federal Aviation 
                                Administration contract tower program 
                                established under subsection (a) and 
                                continued under paragraph (1) or the 
                                pilot program established under 
                                paragraph (3); or
                                    ``(bb) construction of a 
                                nonapproach control tower would qualify 
                                the sponsor to be eligible to 
                                participate in such program;
                                    ``(II) the sponsor certifies that 
                                it will pay not less than 10 percent of 
                                the cost of the activities for which 
                                the sponsor is receiving assistance 
                                under this paragraph;
                                    ``(III) the Secretary affirmatively 
                                accepts the proposed contract tower 
                                into a contract tower program under 
                                this section and certifies that the 
                                Secretary will seek future 
                                appropriations to pay the Federal 
                                Aviation Administration's cost of the 
                                contract to operate the tower to be 
                                constructed under this paragraph;
                                    ``(IV) the sponsor certifies that 
                                it will pay its share of the cost of 
                                the contract to operate the tower to be 
                                constructed under this paragraph; and
                                    ``(V) in the case of a tower to be 
                                constructed under this paragraph from 
                                amounts made available under section 
                                47114(d)(2) or 47114(d)(3)(B), the 
                                Secretary certifies that--
                                            ``(aa) the Federal Aviation 
                                        Administration has consulted 
                                        the State within the borders of 
                                        which the tower is to be 
                                        constructed and the State 
                                        supports the construction of 
                                        the tower as part of its State 
                                        airport capital plan; and
                                            ``(bb) the selection of the 
                                        tower for funding is based on 
                                        objective criteria.
                            ``(ii) On and after date of transfer.--On 
                        and after the date of transfer (as defined in 
                        section 90101(a)), an airport sponsor shall be 
                        eligible for a grant under this paragraph only 
                        if--
                                    ``(I) the Secretary determines that 
                                the tower to be constructed at the 
                                sponsor's airport using the amounts of 
                                the grant will be operated pursuant to 
                                an agreement entered into by the 
                                American Air Navigation Services 
                                Corporation and an entity pursuant to 
                                section 90302(c)(3);
                                    ``(II) the sponsor certifies that 
                                it will pay not less than 10 percent of 
                                the cost of the activities for which 
                                the sponsor is receiving assistance 
                                under this paragraph; and
                                    ``(III) in the case of a tower to 
                                be constructed under this paragraph 
                                from amounts made available under 
                                section 47114(d)(2) or 47114(d)(3)(B), 
                                the Secretary certifies that--
                                            ``(aa) the Federal Aviation 
                                        Administration has consulted 
                                        the State within the borders of 
                                        which the tower is to be 
                                        constructed and the State 
                                        supports the construction of 
                                        the tower as part of its State 
                                        airport capital plan; and
                                            ``(bb) the selection of the 
                                        tower for funding is based on 
                                        objective criteria.''.
                    (C) Limitation on federal share.--Section 
                47124(b)(4) of title 49, United States Code, is amended 
                by striking subparagraph (C).
            (4) Benefit-to-cost calculation for program applicants.--
        Section 47124(b)(3) of title 49, United States Code, is amended 
        by adding at the end the following:
                    ``(G) Benefit-to-cost calculation.--Not later than 
                90 days after receiving an application to the Contract 
                Tower Program, the Secretary shall calculate a benefit-
                to-cost ratio (as described in subsection (d)) for the 
                applicable air traffic control tower for purposes of 
                selecting towers for participation in the Contract 
                Tower Program.''.
    (b) Safety Audits.--Section 47124(c) of title 49, United States 
Code, is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) Before date of transfer.--Before the date of transfer 
        (as defined in section 90101(a)), the Secretary''; and
            (2) by adding at the end the following:
            ``(2) On and after date of transfer.--On and after the date 
        of transfer (as defined in section 90101(a)), oversight of air 
        traffic control towers that receive funding under this section 
        shall be carried out in accordance with performance-based 
        regulations and minimum safety standards prescribed under 
        section 90501.''.
    (c) Criteria To Evaluate Participants.--Section 47124 of title 49, 
United States Code, is amended by adding at the end the following:
    ``(d) Criteria To Evaluate Participants.--
            ``(1) Timing of evaluations.--
                    ``(A) Towers participating in cost-share program.--
                In the case of an air traffic control tower that is 
                operated under the program established under subsection 
                (b)(3), the Secretary shall annually calculate a 
                benefit-to-cost ratio with respect to the tower.
                    ``(B) Towers participating in contract tower 
                program.--In the case of an air traffic control tower 
                that is operated under the program established under 
                subsection (a) and continued under subsection (b)(1), 
                the Secretary shall not calculate a benefit-to-cost 
                ratio after the date of enactment of this subsection 
                with respect to the tower unless the Secretary 
                determines that the annual aircraft traffic at the 
                airport where the tower is located has decreased--
                            ``(i) by more than 25 percent from the 
                        previous year; or
                            ``(ii) by more than 60 percent cumulatively 
                        in the preceding 3-year period.
            ``(2) Costs to be considered.--In establishing a benefit-
        to-cost ratio under this section with respect to an air traffic 
        control tower, the Secretary shall consider only the following 
        costs:
                    ``(A) The Federal Aviation Administration's actual 
                cost of wages and benefits of personnel working at the 
                tower.
                    ``(B) The Federal Aviation Administration's actual 
                telecommunications costs directly associated with the 
                tower.
                    ``(C) The Federal Aviation Administration's costs 
                of purchasing and installing any air traffic control 
                equipment that would not have been purchased or 
                installed except for the operation of the tower.
                    ``(D) The Federal Aviation Administration's actual 
                travel costs associated with maintaining air traffic 
                control equipment that is owned by the Administration 
                and would not be maintained except for the operation of 
                the tower.
            ``(3) Other criteria to be considered.--In establishing a 
        benefit-to-cost ratio under this section with respect to an air 
        traffic control tower, the Secretary shall add a 10 percentage 
        point margin of error to the benefit-to-cost ratio 
        determination to acknowledge and account for the direct and 
        indirect economic and other benefits that are not included in 
        the criteria the Secretary used in calculating that ratio.
            ``(4) Review of cost-benefit determinations.--In issuing a 
        benefit-to-cost ratio determination under this section with 
        respect to an air traffic control tower located at an airport, 
        the Secretary shall implement the following procedures:
                    ``(A) The Secretary shall provide the airport (or 
                the State or local government having jurisdiction over 
                the airport) at least 90 days following the date of 
                receipt of the determination to submit to the Secretary 
                a request for an appeal of the determination, together 
                with updated or additional data in support of the 
                appeal.
                    ``(B) Upon receipt of a request for an appeal 
                submitted pursuant to subparagraph (A), the Secretary 
                shall--
                            ``(i) transmit to the Administrator of the 
                        Federal Aviation Administration any updated or 
                        additional data submitted in support of the 
                        appeal; and
                            ``(ii) provide the Administrator not more 
                        than 90 days to review the data and provide a 
                        response to the Secretary based on the review.
                    ``(C) After receiving a response from the 
                Administrator pursuant to subparagraph (B), the 
                Secretary shall--
                            ``(i) provide the airport, State, or local 
                        government that requested the appeal at least 
                        30 days to review the response; and
                            ``(ii) withhold from taking further action 
                        in connection with the appeal during that 30-
                        day period.
                    ``(D) If, after completion of the appeal procedures 
                with respect to the determination, the Secretary 
                requires the tower to transition into the program 
                established under subsection (b)(3), the Secretary 
                shall not require a cost-share payment from the 
                airport, State, or local government for 1 year 
                following the last day of the 30-day period described 
                in subparagraph (C).''.

SEC. 135. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS.

    Notwithstanding section 47102 of title 49, United States Code, for 
fiscal years 2017 through 2020, the definition of the term ``terminal 
development'' under that section includes the development of an airport 
access road that--
            (1) is located in a noncontiguous State;
            (2) is not more than 3 miles in length;
            (3) connects to the nearest public roadways of not more 
        than the 2 closest census designated places; and
            (4) is constructed for the purpose of connecting the census 
        designated places with a planned or newly constructed airport.

SEC. 136. BUY AMERICA REQUIREMENTS.

    (a) Notice of Waivers.--If the Secretary of Transportation 
determines that it is necessary to waive the application of section 
50101(a) of title 49, United States Code, based on a finding under 
section 50101(b) of that title, the Secretary, at least 10 days before 
the date on which the waiver takes effect, shall--
            (1) make publicly available, in an easily identifiable 
        location on the website of the Department of Transportation, a 
        detailed written justification of the waiver determination; and
            (2) provide an informal public notice and comment 
        opportunity on the waiver determination.
    (b) Annual Report.--For each fiscal year, the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on waivers issued under section 
50101 of title 49, United States Code, during the fiscal year.

        Subtitle D--Airport Noise and Environmental Streamlining

SEC. 151. RECYCLING PLANS FOR AIRPORTS.

    Section 47106(a)(6) of title 49, United States Code, is amended by 
inserting ``that includes the project'' before ``, the master plan''.

SEC. 152. PILOT PROGRAM SUNSET.

    (a) In General.--Section 47140 of title 49, United States Code, is 
repealed.
    (b) Conforming Amendment.--Section 47140a of title 49, United 
States Code, is redesignated as section 47140.
    (c) Clerical Amendments.--The analysis for chapter 471 of title 49, 
United States Code, is amended--
            (1) by striking the items relating to sections 47140 and 
        47140a; and
            (2) by inserting after the item relating to section 47139 
        the following:

``47140. Increasing the energy efficiency of airport power sources.''.

SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING 
              AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

    Section 47141(f) of title 49, United States Code, is amended by 
striking ``September 30, 2017'' and inserting ``September 30, 2023''.

SEC. 154. UPDATING AIRPORT NOISE EXPOSURE MAPS.

    Section 47503(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) Revised Maps.--
            ``(1) In general.--An airport operator that submitted a 
        noise exposure map under subsection (a) shall submit a revised 
        map to the Secretary if, in an area surrounding an airport, a 
        change in the operation of the airport would establish a 
        substantial new noncompatible use, or would significantly 
        reduce noise over existing noncompatible uses, that is not 
        reflected in either the existing conditions map or forecast map 
        currently on file with the Federal Aviation Administration.
            ``(2) Timing.--A submission under paragraph (1) shall be 
        required only if the relevant change in the operation of the 
        airport occurs during--
                    ``(A) the forecast period of the applicable noise 
                exposure map submitted by an airport operator under 
                subsection (a); or
                    ``(B) the implementation period of the airport 
                operator's noise compatibility program.''.

SEC. 155. STAGE 3 AIRCRAFT STUDY.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall initiate a 
review of the potential benefits, costs, and other impacts that would 
result from a phaseout of covered stage 3 aircraft.
    (b) Contents.--The review shall include--
            (1) a determination of the number, types, frequency of 
        operations, and owners and operators of covered stage 3 
        aircraft;
            (2) an analysis of the potential benefits, costs, and other 
        impacts to air carriers, general aviation operators, airports, 
        communities surrounding airports, and the general public 
        associated with phasing out or reducing the operations of 
        covered stage 3 aircraft, assuming such a phaseout or reduction 
        is put into effect over a reasonable period of time;
            (3) a determination of lessons learned from the phaseout of 
        stage 2 aircraft that might be applicable to a phaseout or 
        reduction in the operations of covered stage 3 aircraft, 
        including comparisons between the benefits, costs, and other 
        impacts associated with the phaseout of stage 2 aircraft and 
        the potential benefits, costs, and other impacts determined 
        under paragraph (2);
            (4) a determination of the costs and logistical challenges 
        associated with recertifying stage 3 aircraft capable of 
        meeting stage 4 noise levels; and
            (5) a determination of stakeholder views on the feasibility 
        and desirability of phasing out covered stage 3 aircraft, 
        including the views of--
                    (A) air carriers;
                    (B) airports;
                    (C) communities surrounding airports;
                    (D) aircraft and avionics manufacturers;
                    (E) operators of covered stage 3 aircraft other 
                than air carriers; and
                    (F) such other stakeholders and aviation experts as 
                the Comptroller General considers appropriate.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review.
    (d) Covered Stage 3 Aircraft Defined.--In this section, the term 
``covered stage 3 aircraft'' means an aircraft weighing more than 
75,000 pounds that is not capable of meeting the stage 4 noise levels 
in part 36 of title 14, Code of Federal Regulations.

SEC. 156. ADDRESSING COMMUNITY NOISE CONCERNS.

    When proposing a new area navigation departure procedure, or 
amending an existing procedure that would direct aircraft between the 
surface and 6,000 feet above ground level over noise sensitive areas, 
the Administrator of the Federal Aviation Administration shall consider 
the feasibility of dispersal headings or other lateral track variations 
to address community noise concerns, if--
            (1) the affected airport operator, in consultation with the 
        affected community, submits a request to the Administrator for 
        such a consideration;
            (2) the airport operator's request would not, in the 
        judgment of the Administrator, conflict with the safe and 
        efficient operation of the national airspace system; and
            (3) the effect of a modified departure procedure would not 
        significantly increase noise over noise sensitive areas, as 
        determined by the Administrator.

SEC. 157. STUDY ON POTENTIAL HEALTH IMPACTS OF OVERFLIGHT NOISE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall enter into an agreement with an eligible 
institution of higher education to conduct a study on the health 
impacts of noise from aircraft flights on residents exposed to a range 
of noise levels from such flights.
    (b) Scope of Study.--The study shall--
            (1) include an examination of the incremental health 
        impacts attributable to noise exposure that result from 
        aircraft flights, including sleep disturbance and elevated 
        blood pressure;
            (2) be focused on residents in the metropolitan area of--
                    (A) Boston;
                    (B) Chicago;
                    (C) the District of Columbia;
                    (D) New York;
                    (E) the Northern California Metroplex;
                    (F) Phoenix;
                    (G) the Southern California Metroplex; or
                    (H) such other area as may be identified by the 
                Administrator;
            (3) consider, in particular, the incremental health impacts 
        on residents living partly or wholly underneath flight paths 
        most frequently used by aircraft flying at an altitude lower 
        than 10,000 feet, including during takeoff or landing; and
            (4) include an assessment of the relationship between a 
        perceived increase in aircraft noise, including as a result of 
        a change in flight paths that increases the visibility of 
        aircraft from a certain location, and an actual increase in 
        aircraft noise, particularly in areas with high or variable 
        levels of nonaircraft-related ambient noise.
    (c) Eligibility.--An institution of higher education is eligible to 
conduct the study if the institution--
            (1) has--
                    (A) a school of public health that has participated 
                in the Center of Excellence for Aircraft Noise and 
                Aviation Emissions Mitigation of the Federal Aviation 
                Administration; or
                    (B) a center for environmental health that receives 
                funding from the National Institute of Environmental 
                Health Sciences;
            (2) is located in one of the areas identified in subsection 
        (b);
            (3) applies to the Administrator in a timely fashion;
            (4) demonstrates to the satisfaction of the Administrator 
        that the institution is qualified to conduct the study;
            (5) agrees to submit to the Administrator, not later than 3 
        years after entering into an agreement under subsection (a), 
        the results of the study, including any source materials used; 
        and
            (6) meets such other requirements as the Administrator 
        determines necessary.
    (d) Report.--Not later than 90 days after the Administrator 
receives the results of the study, the Administrator shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the results.

SEC. 158. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
pilot program involving not more than 6 projects at public-use airports 
in accordance with this section.
    (b) Grants.--In carrying out the program, the Secretary may make 
grants to sponsors of public-use airports from funds apportioned under 
section 47117(e)(1)(A) of title 49, United States Code.
    (c) Use of Funds.--Amounts from a grant received by the sponsor of 
a public-use airport under the program shall be used for environmental 
mitigation projects that will measurably reduce or mitigate aviation 
impacts on noise, air quality, or water quality at the airport or 
within 5 miles of the airport.
    (d) Eligibility.--Notwithstanding any other provision of chapter 
471 of title 49, United States Code, an environmental mitigation 
project approved under this section shall be treated as eligible for 
assistance under that chapter.
    (e) Selection Criteria.--In selecting from among applicants for 
participation in the program, the Secretary may give priority 
consideration to projects that--
            (1) will achieve the greatest reductions in aircraft noise, 
        airport emissions, or airport water quality impacts either on 
        an absolute basis or on a per dollar of funds expended basis; 
        and
            (2) will be implemented by an eligible consortium.
    (f) Federal Share.--The Federal share of the cost of a project 
carried out under the program shall be 50 percent.
    (g) Maximum Amount.--Not more than $2,500,000 may be made available 
by the Secretary in grants under the program for any single project.
    (h) Identifying Best Practices.--The Secretary may establish and 
publish information identifying best practices for reducing or 
mitigating aviation impacts on noise, air quality, and water quality at 
airports or in the vicinity of airports based on the projects carried 
out under the program.
    (i) Sunset.--The program shall terminate 5 years after the 
Secretary makes the first grant under the program.
    (j) Definitions.--In this section, the following definitions apply:
            (1) Eligible consortium.--The term ``eligible consortium'' 
        means a consortium that is comprised of 2 or more of the 
        following entities:
                    (A) Businesses incorporated in the United States.
                    (B) Public or private educational or research 
                organizations located in the United States.
                    (C) Entities of State or local governments in the 
                United States.
                    (D) Federal laboratories.
            (2) Environmental mitigation project.--The term 
        ``environmental mitigation project'' means a project that--
                    (A) introduces new environmental mitigation 
                techniques or technologies that have been proven in 
                laboratory demonstrations;
                    (B) proposes methods for efficient adaptation or 
                integration of new concepts into airport operations; 
                and
                    (C) will demonstrate whether new techniques or 
                technologies for environmental mitigation are--
                            (i) practical to implement at or near 
                        multiple public-use airports; and
                            (ii) capable of reducing noise, airport 
                        emissions, or water quality impacts in 
                        measurably significant amounts.

SEC. 159. AIRCRAFT NOISE EXPOSURE.

    (a) Review.--The Administrator of the Federal Aviation 
Administration shall conduct a review of the relationship between 
aircraft noise exposure and its effects on communities around airports.
    (b) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report containing the results of the review.
            (2) Preliminary recommendations.--The report shall contain 
        such preliminary recommendations as the Administrator 
        determines appropriate for revising the land use compatibility 
        guidelines in part 150 of title 14, Code of Federal 
        Regulations, based on the results of the review and in 
        coordination with other agencies.

SEC. 160. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS LOCATED IN 
              METROPLEXES.

    (a) Community Involvement Policy.--Not later than 180 days after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall complete a review of the Federal Aviation 
Administration's community involvement practices for Next Generation 
Air Transportation System (NextGen) projects located in metroplexes 
identified by the Administration. The review shall include, at a 
minimum, a determination of how and when to engage airports and 
communities in performance-based navigation proposals.
    (b) Report.--Not later than 60 days after completion of the review, 
the Administrator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on--
            (1) how the Administration will improve community 
        involvement practices for NextGen projects located in 
        metroplexes;
            (2) how and when the Administration will engage airports 
        and communities in performance-based navigation proposals; and
            (3) lessons learned from NextGen projects and pilot 
        programs and how those lessons learned are being integrated 
        into community involvement practices for future NextGen 
        projects located in metroplexes.

SEC. 161. CRITICAL HABITAT ON OR NEAR AIRPORT PROPERTY.

    (a) Federal Agency Requirements.--The Secretary of Transportation, 
to the maximum extent practicable, shall work with the heads of 
appropriate Federal agencies to ensure that designations of critical 
habitat, as that term is defined in section 3 of the Endangered Species 
Act of 1973 (16 U.S.C. 1532), on or near airport property do not--
            (1) result in conflicting statutory, regulatory, or Federal 
        grant assurance requirements for airports or aircraft 
        operators;
            (2) interfere with the safe operation of aircraft; or
            (3) occur on airport-owned lands that have become 
        attractive habitat for a threatened or endangered species 
        because such lands--
                    (A) have been prepared for future development;
                    (B) have been designated as noise buffer land; or
                    (C) are held by the airport to prevent encroachment 
                of uses that are incompatible with airport operations.
    (b) State Requirements.--In a State where a State agency is 
authorized to designate land on or near airport property for the 
conservation of a threatened or endangered species in the State, the 
Secretary, to the maximum extent practicable, shall work with the State 
in the same manner as the Secretary works with the heads of Federal 
agencies under subsection (a).

SEC. 162. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA MEMORANDA 
              OF AGREEMENT.

    Section 47504(c)(2) of title 49, United States Code, is amended--
            (1) in subparagraph (D) by striking ``and'' at the end;
            (2) in subparagraph (E) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(F) to an airport operator of a congested airport (as 
        defined in section 47175) and a unit of local government 
        referred to in paragraph (1)(B) to carry out a project to 
        mitigate noise, if the project--
                    ``(i) consists of--
                            ``(I) replacement windows, doors, and the 
                        installation of through-the-wall air-
                        conditioning units; or
                            ``(II) a contribution of the equivalent 
                        costs to be used for reconstruction, if 
                        reconstruction is the preferred local solution;
                    ``(ii) is located at a school near the airport; and
                    ``(iii) is included in a memorandum of agreement 
                entered into before September 30, 2002, even if the 
                airport has not met the requirements of part 150 of 
                title 14, Code of Federal Regulations, and only if the 
                financial limitations of the memorandum are applied.''.

         TITLE II--AMERICAN AIR NAVIGATION SERVICES CORPORATION

SEC. 201. PURPOSES.

    It is declared to be the purpose of Congress in this title to 
transfer operation of air traffic services currently provided by the 
Federal Aviation Administration to a separate not-for-profit corporate 
entity to provide for the more efficient operation and improvement of 
air traffic services.

       Subtitle A--Establishment of Air Traffic Services Provider

SEC. 211. AMERICAN AIR NAVIGATION SERVICES CORPORATION.

    (a) In General.--Title 49, United States Code, is amended by adding 
at the end the following:

      ``Subtitle XI--American Air Navigation Services Corporation

``Chapter                                                          Sec.
``901. General Provisions...................................      90101
``903. Establishment of Air Traffic Services Provider;            90301
                            Transfer of Air Traffic 
                            Services.
``905. Regulation of Air Traffic Services Provider..........      90501
``907. General Rights of Access to Airspace, Airports, and        90701
                            Air Traffic Services Vital for 
                            Ensuring Safe Operations for All 
                            Users.
``909. Continuity of Air Traffic Services to Department of        90901
                            Defense and Other Public 
                            Agencies.
``911. Employee Management..................................      91101
``913. Other Matters........................................      91301
``915. Congressional Oversight of Air Traffic Services            91501
                            Provider.

                   ``CHAPTER 901--GENERAL PROVISIONS

``Sec.
``90101. Definitions.
``Sec. 90101. Definitions
    ``(a) In General.--In this subtitle, the following definitions 
apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the FAA.
            ``(2) Air traffic services.--The term `air traffic 
        services' means services--
                    ``(A) used for the monitoring, directing, control, 
                and guidance of aircraft or flows of aircraft and for 
                the safe conduct of flight, including communications, 
                navigation, and surveillance services and provision of 
                aeronautical information; and
                    ``(B) provided directly, or contracted for, by the 
                FAA before the date of transfer.
            ``(3) Air traffic services user.--The term `air traffic 
        services user' means any individual or entity using air traffic 
        services provided by the Corporation within United States 
        airspace or international airspace delegated to the United 
        States.
            ``(4) Board.--The term `Board' means the Board of Directors 
        of the Corporation.
            ``(5) CEO.--The term `CEO' means the Chief Executive 
        Officer of the Corporation.
            ``(6) Charge; fee.--The terms `charge' and `fee' mean any 
        rate, charge, fee, or other service charge for the use of air 
        traffic services.
            ``(7) Corporation.--The term `Corporation' means the 
        American Air Navigation Services Corporation established under 
        this subtitle.
            ``(8) Date of transfer.--The term `date of transfer' means 
        the date on which the Corporation assumes operational control 
        of air traffic services from the FAA pursuant to this subtitle, 
        which shall be October 1, 2020.
            ``(9) Director.--The term `Director' means a Director of 
        the Board.
            ``(10) FAA.--The term `FAA' means the Federal Aviation 
        Administration.
            ``(11) Interim ceo.--The term `Interim CEO' means the 
        Interim Chief Executive Officer of the Corporation.
            ``(12) Regional air carrier.--The term `regional air 
        carrier' means an air carrier operating under part 121 of title 
        14, Code of Federal Regulations, that--
                    ``(A) exclusively or primarily operates aircraft 
                with a seating capacity of 76 seats or fewer; and
                    ``(B) is not majority owned or controlled by any 
                other air carrier or air carrier holding company.
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Applicability of Other Definitions.--Except with respect to 
the terms specifically defined in this subtitle, the definitions 
contained in section 40102(a) shall apply to the terms used in this 
subtitle.

``CHAPTER 903--ESTABLISHMENT OF AIR TRAFFIC SERVICES PROVIDER; TRANSFER 
                        OF AIR TRAFFIC SERVICES

``Sec.
``90301. Establishment of Corporation.
``90302. Transfer of air traffic services.
``90303. Role of Secretary in transferring air traffic services to 
                            Corporation.
``90304. Status and applicable laws.
``90305. Nomination Panels for Board.
``90306. Board of Directors.
``90307. Fiduciary duties and qualifications of Directors.
``90308. Bylaws and duties.
``90309. Committees of Board; independent auditors.
``90310. Advisory Board.
``90311. Officers and their responsibilities.
``90312. Authority of Corporation.
``90313. Charges and fees for air traffic services.
``90314. Preemption of authority over air traffic services.
``90315. Actions by and against Corporation.
``90316. Transfer of Federal personnel to Corporation.
``90317. Transfer of facilities to Corporation.
``90318. Approval of transferred air navigation facilities and other 
                            equipment.
``90319. Use of spectrum systems and data.
``90320. Transition plan.
``Sec. 90301. Establishment of Corporation
    ``(a) Federal Charter.--There is established a federally chartered, 
not-for-profit corporation to be known as the `American Air Navigation 
Services Corporation', which shall be incorporated in a State of its 
choosing.
    ``(b) Corporation Name.--
            ``(1) In general.--The Corporation may conduct its business 
        and affairs, and otherwise hold itself out, as the `American 
        Air Navigation Services Corporation' in any jurisdiction.
            ``(2) Exclusive right.--The Corporation shall have the 
        exclusive right to use the name `American Air Navigation 
        Services Corporation'.
            ``(3) Alternative name.--The Corporation may do business 
        under a name other than the `American Air Navigation Services 
        Corporation' at its choosing.
``Sec. 90302. Transfer of air traffic services
    ``(a) In General.--The Secretary shall transfer operational control 
over air traffic services within United States airspace and 
international airspace delegated to the United States to the 
Corporation on the date of transfer in a systematic and orderly manner 
that ensures continuity of safe air traffic services.
    ``(b) Management and Operation of Air Traffic Services.--Subject to 
section 90501, including the performance-based regulations and minimum 
safety standards prescribed under that section, the Corporation may 
establish and carry out plans for the management and operation of air 
traffic services within United States airspace and international 
airspace delegated to the United States.
    ``(c) Entities Authorized To Provide Air Traffic Services After 
Date of Transfer.--After the date of transfer, no entity, other than 
the Corporation, is authorized or permitted to provide air traffic 
services within United States airspace or international airspace 
delegated to the United States, except for--
            ``(1) the Department of Defense, as authorized by chapter 
        909;
            ``(2) entities to which the United States has delegated 
        certain air traffic services responsibilities;
            ``(3) entities with which the Corporation has contracted 
        for the provision of air traffic services; and
            ``(4) entities authorized to operate an unmanned aircraft 
        traffic management system or service pursuant to section 45506 
        or 45507.
``Sec. 90303. Role of Secretary in transferring air traffic services to 
              Corporation
    ``(a) In General.--As appropriate, and except as otherwise 
provided, the Secretary shall manage and execute the transfer of 
operational control over air traffic services pursuant to section 
90302(a) and any related transition processes and procedures.
    ``(b) Nondelegation.--Except as otherwise provided, the Secretary 
may not delegate any of the authority or requirements under this 
subtitle to the Administrator.
``Sec. 90304. Status and applicable laws
    ``(a) Non-Federal Entity.--The Corporation is not a department, 
agency, or instrumentality of the United States Government, and is not 
subject to title 31.
    ``(b) Liability.--The United States Government shall not be liable 
for the actions or inactions of the Corporation.
    ``(c) Not-For-Profit Corporation.--The Corporation shall maintain 
its status as a not-for-profit corporation exempt from taxation under 
the Internal Revenue Code of 1986.
    ``(d) No Federal Guarantee.--Any debt assumed by the Corporation 
shall not have an implied or explicit Federal guarantee.
``Sec. 90305. Nomination Panels for Board
    ``(a) In General.--The Nomination Panels described in subsection 
(b) shall be responsible for nominating individuals to serve as 
Directors pursuant to section 90306.
    ``(b) Nomination Panels.--The Nomination Panels shall be as 
follows:
            ``(1) Passenger air carrier nomination panel.--A Passenger 
        Air Carrier Nomination Panel composed of passenger air carrier 
        representatives, with each air carrier with more than 
        30,000,000 annual passenger enplanements designating 1 
        representative to the Panel.
            ``(2) Cargo air carrier nomination panel.--A Cargo Air 
        Carrier Nomination Panel composed of cargo air carrier 
        representatives, with each all-cargo air carrier with more than 
        1,000,000 total annual enplaned cargo revenue tons designating 
        1 representative to the Panel.
            ``(3) Regional air carrier nomination panel.--A Regional 
        Air Carrier Nomination Panel composed of regional air carrier 
        representatives, with each of the 3 largest regional air 
        carriers, as measured by annual passenger enplanements, 
        designating 1 representative to the Panel.
            ``(4) General aviation nomination panel.--A General 
        Aviation Nomination Panel composed of 6 representatives 
        designated by the principal organization representing 
        noncommercial owners and recreational operators of general 
        aviation aircraft.
            ``(5) Business aviation nomination panel.--A Business 
        Aviation Nomination Panel composed of--
                    ``(A) 2 representatives designated by the principal 
                organization representing owners, operators, and users 
                of general aviation aircraft used exclusively in 
                furtherance of business enterprises;
                    ``(B) 2 representatives designated by the principal 
                organization representing aviation-related businesses, 
                including fixed-base operators; and
                    ``(C) 2 representatives designated by the principal 
                organization representing aerospace manufacturers of 
                general aviation aircraft and equipment.
            ``(6) Air traffic controller nomination panel.--An Air 
        Traffic Controller Nomination Panel composed of 6 
        representatives designated by the largest organization engaged 
        in collective bargaining on behalf of air traffic controllers 
        employed by the Corporation.
            ``(7) Airport nomination panel.--An Airport Nomination 
        Panel composed of--
                    ``(A) 3 representatives designated by the principal 
                organization representing commercial service airports; 
                and
                    ``(B) 3 representatives designated by the principal 
                organization representing airport executives.
            ``(8)  Commercial pilot nomination panel.--A Commercial 
        Pilot Nomination Panel composed of commercial pilot 
        representatives, with each organization engaged in collective 
        bargaining on behalf of air carrier pilots with more than 5,000 
        members designating 1 member to the Panel.
    ``(c) Determination of Entities.--
            ``(1) Before date of transfer.--Before the date of 
        transfer, and not later than 30 days after the date of 
        enactment of this subtitle, the Secretary shall determine the 
        entities referred to in subsection (b).
            ``(2) After date of transfer.--On and after the date of 
        transfer, the Board shall determine the entities referred to in 
        subsection (b), in accordance with the bylaws of the 
        Corporation.
            ``(3) Statistics.--In determining annual statistics for 
        purposes of this subsection, the Secretary and the Board shall 
        utilize data published by the Department of Transportation for 
        the most recent calendar year.
            ``(4) Limitations.--
                    ``(A) Single designation.--No entity determined 
                under this subsection may designate a representative to 
                more than 1 Nomination Panel.
                    ``(B) Carriers owned or controlled by same holding 
                company.--If 2 or more air carriers determined under 
                this subsection are owned or controlled by the same 
                holding company, only 1 of those air carriers may 
                designate a representative to a Nomination Panel.
    ``(d) Terms.--An individual on a Nomination Panel shall serve at 
the pleasure of the entity that the individual is representing.
    ``(e) Qualifications.--Only an individual who is a citizen of the 
United States may be designated to a Nomination Panel.
    ``(f) Prohibitions.--An individual may not serve on a Nomination 
Panel if the individual is--
            ``(1) an officer or employee of the Corporation;
            ``(2) a Member of Congress or an elected official serving 
        in a State, local, or Tribal government; or
            ``(3) an officer or employee of the Federal Government or 
        any State, local, or Tribal government.
    ``(g) Largest Organization Engaged in Collective Bargaining on 
Behalf of Air Traffic Controllers Employed by the Corporation 
Defined.--Before the date of transfer, in this section, the term 
`largest organization engaged in collective bargaining on behalf of air 
traffic controllers employed by the Corporation' means the largest 
organization engaged in collective bargaining on behalf of air traffic 
controllers employed by the FAA.
``Sec. 90306. Board of Directors
    ``(a) Authority.--The powers of the Corporation shall be vested in 
a Board of Directors that governs the Corporation.
    ``(b) Composition of Board.--The Board shall be composed of the 
following Directors:
            ``(1) The CEO.
            ``(2) 2 Directors appointed by the Secretary.
            ``(3) 1 Director nominated by the Passenger Air Carrier 
        Nomination Panel.
            ``(4) 1 Director nominated by the Cargo Air Carrier 
        Nomination Panel.
            ``(5) 1 Director nominated by the Regional Air Carrier 
        Nomination Panel.
            ``(6) 1 Director nominated by the General Aviation 
        Nomination Panel.
            ``(7) 1 Director nominated by the Business Aviation 
        Nomination Panel.
            ``(8) 1 Director nominated by the Air Traffic Controller 
        Nomination Panel.
            ``(9) 1 Director nominated by the Airport Nomination Panel.
            ``(10) 1 Director nominated by the Commercial Pilot 
        Nomination Panel.
            ``(11) 2 Directors nominated and selected by the other 
        Directors.
    ``(c) Nominations and Appointments.--
            ``(1) Prior to date of transfer.--
                    ``(A) Submission of nomination lists.--Before the 
                date of transfer, and not later than 60 days after the 
                date of enactment of this subtitle, each Nomination 
                Panel shall submit to the Secretary a list, chosen by 
                consensus, of 4 individuals nominated to be Directors.
                    ``(B) Appointment and selection.--Not later than 30 
                days after the date on which the last nomination list 
                is submitted under subparagraph (A), the Secretary 
                shall--
                            ``(i) appoint 2 individuals to be Directors 
                        under subsection (b)(2); and
                            ``(ii) select, pursuant to subsection (b), 
                        the appropriate number of individuals to be 
                        Directors from each nomination list.
                    ``(C) Resubmission.--A Nomination Panel shall 
                resubmit a list submitted under subparagraph (A), not 
                later than 15 days after notification by the Secretary 
                of the need to resubmit the list, if the Secretary 
                determines that an individual on the list is--
                            ``(i) not qualified to serve as a Director 
                        under section 90307; or
                            ``(ii) otherwise not fit to serve as a 
                        Director.
                    ``(D) At-large directors.--Not later than 30 days 
                after the Secretary appoints and selects the Directors 
                pursuant to subparagraph (B), the Board shall nominate 
                and select the additional Directors under subsection 
                (b)(11) by a two-thirds vote.
            ``(2) After date of transfer.--
                    ``(A) Nomination.--As appropriate, a Nomination 
                Panel shall submit to the Board a list, chosen by 
                consensus, of 4 individuals nominated to be Directors.
                    ``(B) Selection.--The Board shall select, pursuant 
                to subsection (b), the appropriate number of 
                individuals to be Directors from a list submitted by a 
                Nomination Panel.
                    ``(C) Resubmission.--A Nomination Panel shall 
                resubmit a list submitted under subparagraph (A), not 
                later than 15 days after notification by the Board of 
                the need to resubmit the list, if the Board determines 
                that more than 1 individual on the list is--
                            ``(i) not qualified to serve as a Director 
                        under section 90307; or
                            ``(ii) otherwise not fit to serve as a 
                        Director.
                    ``(D) At-large directors.--The Board shall nominate 
                and select Directors under subsection (b)(11) in 
                accordance with the bylaws of the Corporation.
                    ``(E) Appointed directors.--None of the Directors 
                appointed by the Secretary under subsection (b)(2) 
                shall be subject to approval by the Board.
    ``(d) Chairperson.--The Chairperson of the Board shall--
            ``(1) be selected from among the Directors (other than the 
        CEO) by a majority vote of the Directors; and
            ``(2) subject to subsection (e), serve until replaced by a 
        majority vote of the Directors.
    ``(e) Terms.--
            ``(1) Initial terms.--The term of each Director appointed, 
        or nominated and selected, before the date of transfer (other 
        than the CEO) shall expire on the date that is 2 years after 
        the date of transfer.
            ``(2) Subsequent terms.--The term of each Director 
        appointed, or nominated and selected, on or after the date of 
        transfer (other than the CEO) shall be 4 years, except as 
        provided by paragraph (3).
            ``(3) Staggering.--The Board shall stagger the duration of 
        the terms of the initial Directors appointed, or nominated and 
        selected, after the date of transfer to promote the stability 
        of the Board.
            ``(4) Term limit.--Except as provided by subsection (f)(3), 
        a Director may not serve on the Board for more than 8 years.
    ``(f) Vacancies.--
            ``(1) Before date of transfer.--Before the date of 
        transfer, a vacancy on the Board shall be filled in the manner 
        in which the original appointment or selection was made.
            ``(2) After date of transfer.--After the date of transfer, 
        a vacancy on the Board shall be filled in the manner in which 
        the original appointment was made (in the case of Directors 
        appointed under subsection (b)(2)) or in the manner described 
        under subsection (c)(2) (in the case of Directors nominated by 
        Nomination Panels or the Board).
            ``(3) Service until successor takes office.--A Director may 
        serve after the expiration of the Director's term until a 
        successor has been appointed or nominated and selected.
    ``(g) Meetings and Quorum.--
            ``(1) Meetings.--
                    ``(A) In general.--The Board shall meet at the call 
                of the Chairperson (or as otherwise provided in the 
                bylaws) and, at a minimum, on a quarterly basis.
                    ``(B) Initial meeting.--Not later than 90 days 
                after the date of enactment of this subtitle, the Board 
                shall hold its initial meeting.
                    ``(C) In-person meeting.--At least 1 meeting of the 
                Board each year shall be conducted in person.
            ``(2) Quorum.--A quorum of the Board, consisting of a 
        majority of the Directors then in office, shall be required to 
        conduct any business of the Board.
            ``(3) Approval of board actions.--Except as otherwise 
        provided, the threshold for approving Board actions shall be as 
        set forth in the bylaws.
    ``(h) Removal of Directors.--A Director may be removed in 
accordance with section 90307(c) and the bylaws of the Corporation.
``Sec. 90307. Fiduciary duties and qualifications of Directors
    ``(a) Fiduciary Duties.--The fiduciary duties of a Director shall 
be solely and exclusively to the Corporation.
    ``(b) Qualifications.--
            ``(1) In general.--Only a citizen of the United States may 
        be appointed or nominated as a Director.
            ``(2) Prohibitions.--An individual may not serve as a 
        Director if the individual--
                    ``(A) is an officer, agent, or employee of the 
                Corporation (other than the CEO);
                    ``(B) is, or has been within the preceding 2 years, 
                a Member of Congress;
                    ``(C) is an elected official serving in a State, 
                local, or Tribal government;
                    ``(D) is an officer or employee of the Federal 
                Government or any State, local, or Tribal government;
                    ``(E) is a director, officer, trustee, agent, or 
                employee of--
                            ``(i) a bargaining agent that represents 
                        employees of the Corporation;
                            ``(ii) an entity that has a material 
                        interest as a supplier, client, or user of the 
                        Corporation's services; or
                            ``(iii) any of the entities determined 
                        under section 90305(c);
                    ``(F) receives any form of compensation or material 
                benefit from an entity that has a material interest as 
                a supplier, client, or user of the Corporation's 
                services, excluding compensation from a defined benefit 
                plan resulting from the individual's past employment; 
                or
                    ``(G) has or holds any other fiduciary duty, legal 
                obligation, office, employed position, or material 
                interest that would prevent the individual from 
                satisfying the requirements of subsection (a) under the 
                applicable laws of the State in which the Corporation 
                is incorporated.
            ``(3) Exception.--Subparagraphs (C) and (D) of paragraph 
        (2) shall not apply to an individual solely because the 
        individual is an elected member of a school board or is 
        employed by an institution of higher education (as defined in 
        section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001)).
    ``(c) Breach of Fiduciary Duty to Corporation.--
            ``(1) In general.--The Board shall remove any Director who 
        breaches a fiduciary duty to the Corporation--
                    ``(A) pursuant to procedures to be established in 
                the bylaws of the Corporation; and
                    ``(B) not later than 30 days after determining that 
                a breach has occurred.
            ``(2) Limited private right of action.--The Corporation 
        shall have the exclusive right to seek injunctive or monetary 
        relief (or both) against a Director or former Director for a 
        breach of a fiduciary duty to the Corporation.
    ``(d) Prohibition on Indemnification and Certain Insurance.--
Notwithstanding section 90312 or any other provision of law, the 
Corporation shall neither indemnify nor procure insurance to indemnify 
any Director for liability relating to a breach of a fiduciary duty to 
the Corporation.
``Sec. 90308. Bylaws and duties
    ``(a) In General.--The Board shall adopt and amend the bylaws of 
the Corporation.
    ``(b) Bylaws.--The bylaws of the Corporation shall include, at a 
minimum--
            ``(1) the duties and responsibilities of the Board 
        (including those described in subsection (c)), officers, 
        Advisory Board, and committees of the Corporation; and
            ``(2) the operational procedures of the Corporation.
    ``(c) Duties and Responsibilities of Board.--The Board shall be 
responsible for actions of the Corporation, including--
            ``(1) adoption of an annual budget;
            ``(2) approval of a strategic plan, including updates 
        thereto, and other plans supporting the strategy laid out in 
        the strategic plan;
            ``(3) adoption of an annual action plan;
            ``(4) authorization of any form or instrument of 
        indebtedness, including loans and bond issues;
            ``(5) assessment, modification, and collection of charges 
        and fees for air traffic services in accordance with the 
        standards described in section 90313;
            ``(6) hiring and supervision of the CEO;
            ``(7) establishment and maintenance of an appropriately 
        funded reserve fund;
            ``(8) adoption of a code of conduct and code of ethics for 
        Directors, officers, agents, and employees of the Corporation;
            ``(9) establishment of a process for ensuring that the 
        fiduciary duties of a Director are solely and exclusively to 
        the Corporation;
            ``(10) establishment of a process for the removal of a 
        Director, including the removal of a Director for breach of a 
        fiduciary duty to the Corporation; and
            ``(11) adoption of a process for filling vacancies on the 
        Board.
``Sec. 90309. Committees of Board; independent auditors
    ``(a) Committees of Board.--The Board shall establish and maintain 
a Safety Committee, a Compensation Committee, a Technology Committee, 
and such other committees as the Board determines are necessary or 
appropriate to carry out the responsibilities of the Board effectively. 
Such committees shall be composed solely of Directors.
    ``(b) Independent Auditors.--The Board shall retain independent 
auditors to conduct annual audits of the Corporation's financial 
statements and internal controls.
``Sec. 90310. Advisory Board
    ``(a) Establishment.--There shall be an Advisory Board of the 
Corporation.
    ``(b) Duties.--The Advisory Board--
            ``(1) shall conduct such activities as the Board determines 
        appropriate;
            ``(2) shall submit to the Board recommendations for 
        Directors to be nominated and selected under section 
        90306(b)(11); and
            ``(3) may, on its own initiative, study, report, and make 
        recommendations to the Board on matters relating to the 
        Corporation's provision of air traffic services and associated 
        safety considerations.
    ``(c) Membership.--
            ``(1) Number.--The Advisory Board shall consist of not more 
        than 15 individuals, who are citizens of the United States, 
        representing interested entities.
            ``(2) Representatives.--The members of the Advisory Board 
        shall include, at a minimum, representatives of the following:
                    ``(A) Air carriers.
                    ``(B) General aviation.
                    ``(C) Business aviation.
                    ``(D) Commercial service airports.
                    ``(E) Operators and manufacturers of commercial 
                unmanned aircraft systems.
                    ``(F) Appropriate labor organizations.
                    ``(G) The Department of Defense.
                    ``(H) Small communities, including at least 1 
                community primarily served by a nonhub airport.
    ``(d) Structure; Terms.--The membership and structure of the 
Advisory Board, including the duration that individuals may serve on 
the Advisory Board, shall be determined by the Board in accordance with 
the bylaws of the Corporation.
``Sec. 90311. Officers and their responsibilities
    ``(a) Chief Executive Officer.--
            ``(1) Hiring.--
                    ``(A) In general.--The Corporation shall have a 
                Chief Executive Officer, who shall be hired by the 
                Board to manage the Corporation.
                    ``(B) Qualifications.--The CEO shall be an 
                individual who--
                            ``(i) is a citizen of the United States;
                            ``(ii) satisfies the qualifications to 
                        serve as a Director under section 90307; and
                            ``(iii) by reason of professional 
                        background and experience, is especially 
                        qualified to manage the Corporation.
            ``(2) Duties.--The CEO shall--
                    ``(A) be responsible for the management and 
                direction of the Corporation, including its officers 
                and employees, and for the exercise of all powers and 
                responsibilities of the Corporation;
                    ``(B) establish Corporation offices and define the 
                responsibilities and duties of the offices, with full 
                authority to organize the Corporation as required; and
                    ``(C) designate an officer of the Corporation who 
                is vested with the authority to act in the capacity of 
                the CEO if the CEO is absent or incapacitated.
            ``(3) Scope of authority.--
                    ``(A) In general.--The CEO shall be subject to the 
                policy guidance of the Board, report to the Board, and 
                serve at the pleasure of the Board.
                    ``(B) Authority of board.--The Board may modify or 
                revoke actions of the CEO pursuant to procedures set 
                forth in the bylaws of the Corporation.
    ``(b) Other Officers and Employees.--
            ``(1) In general.--The CEO shall appoint such other 
        officers and employees of the Corporation as the CEO determines 
        appropriate.
            ``(2) Chief operating officer; chief financial officer.--An 
        appointment of an individual as chief operating officer or 
        chief financial officer by the CEO shall be subject to the 
        approval of the Board.
            ``(3) Delegation of functions.--The CEO may delegate to the 
        other officers and employees of the Corporation any of the 
        functions of the Corporation.
            ``(4) Compensation.--Compensation for the CEO, chief 
        operating officer, and chief financial officer shall be set by 
        the Board.
    ``(c) Interim CEO.--
            ``(1) Hiring.--Not later than 60 days after the date of the 
        Secretary's appointment and selection of Directors under 
        section 90306(c)(1)(B), the Board shall hire an Interim Chief 
        Executive Officer who meets the qualifications specified in 
        subsection (a)(1)(B).
            ``(2) Authority and term.--
                    ``(A) Authority.--The Interim CEO shall--
                            ``(i) exercise the same authority as the 
                        CEO, including serving on the Board;
                            ``(ii) carry out the same duties as the 
                        CEO; and
                            ``(iii) be subject to the same prohibitions 
                        and limitations as the CEO.
                    ``(B) Term.--The Interim CEO shall serve until the 
                Board hires a CEO.
            ``(3) Statutory construction.--Nothing in this subsection 
        may be construed to restrict the ability of the Board to hire 
        the individual serving as the Interim CEO to be the CEO.
``Sec. 90312. Authority of Corporation
    ``(a) General Authority.--Except as otherwise provided in this 
subtitle, the Corporation--
            ``(1) shall have perpetual succession in its corporate name 
        unless dissolved by law;
            ``(2) may adopt and use a corporate seal;
            ``(3) may own, lease, use, improve, and dispose of such 
        property as the Corporation considers necessary to carry out 
        the purposes of the Corporation;
            ``(4) may contract with other parties;
            ``(5) may sue or be sued;
            ``(6) may be held liable under civil and criminal law;
            ``(7) may indemnify the Directors, including the Interim 
        CEO or CEO, and other officers, agents, and employees of the 
        Corporation; and
            ``(8) shall have such other corporate powers as are 
        necessary or appropriate to carry out the purposes of this 
        subtitle and of the Corporation.
    ``(b) Limitations.--
            ``(1) Business activities.--The Corporation may only engage 
        in business activities that are--
                    ``(A) related to carrying out air traffic services; 
                or
                    ``(B) ancillary or incidental to carrying out such 
                services.
            ``(2) Equity shares.--The Corporation may not issue or sell 
        equity shares in the Corporation.
``Sec. 90313. Charges and fees for air traffic services
    ``(a) Assessment and Collection of Charges and Fees.--Beginning on 
the date of transfer, and subject to this section and section 90502, 
the Corporation may assess and collect charges and fees from air 
traffic services users for air traffic services provided by the 
Corporation in United States airspace or international airspace 
delegated to the United States.
    ``(b) Board Approval of Charges and Fees.--The Board shall--
            ``(1) approve a proposal for--
                    ``(A) an initial schedule of charges and fees 
                pursuant to subsection (g); and
                    ``(B) any change in the charges or fees;
            ``(2) provide air traffic services users and other 
        interested persons notice of a proposal approved under 
        paragraph (1) in a manner and form prescribed by the Secretary; 
        and
            ``(3) submit a proposal approved under paragraph (1) (other 
        than a proposal to decrease a charge or fee) to the Secretary 
        90 days prior to the effective date of the proposal in a manner 
        and form prescribed by the Secretary.
    ``(c) Secretarial Review.--
            ``(1) Public comment.--Upon receiving a proposal from the 
        Corporation under subsection (b)(3), the Secretary shall 
        solicit public comments on the proposal for a 30-day period.
            ``(2) Secretarial approval.--
                    ``(A) In general.--Not later than 15 days after the 
                last day of the 30-day public comment period, the 
                Secretary shall--
                            ``(i) approve the proposal upon determining 
                        that the proposal complies with the standards 
                        in subsection (d); or
                            ``(ii) disapprove the proposal upon 
                        determining that the proposal does not comply 
                        with the standards in subsection (d).
                    ``(B) Effectiveness of proposal.--If the Secretary 
                does not issue a timely decision pursuant to 
                subparagraph (A), the proposal shall be deemed 
                approved.
    ``(d) Standards.--The Secretary shall apply the following standards 
in reviewing a proposal from the Corporation under subsection (c):
            ``(1) The amount or type of charges and fees paid by an air 
        traffic services user may not--
                    ``(A) be determinant of the air traffic services 
                provided to the user; or
                    ``(B) adversely impact the ability of the user to 
                use or access any part of the national airspace system.
            ``(2) Charges and fees shall be consistent with the 
        document titled `ICAO's Policies on Charges for Airports and 
        Air Navigation Services', Ninth Edition, 2012.
            ``(3) Charges and fees may not be discriminatory.
            ``(4) Charges and fees shall be consistent with United 
        States international obligations.
            ``(5) Certain categories of air traffic services users may 
        be charged on a flat fee basis so long as the charge or fee is 
        otherwise consistent with this subsection.
            ``(6) Charges and fees may not be imposed for air traffic 
        services provided with respect to operations of aircraft that 
        qualify as public aircraft under sections 40102(a) and 40125.
            ``(7) Charges and fees may not be imposed for air traffic 
        services provided with respect to aircraft operations conducted 
        pursuant to part 91, 133, 135, 136, or 137 of title 14, Code of 
        Federal Regulations.
            ``(8) Charges and fees may not be structured such that air 
        traffic services users have incentives to operate in ways that 
        diminish safety to avoid the charges and fees.
            ``(9) Charges and fees, based on reasonable and financially 
        sound projections, may not generate revenues exceeding the 
        Corporation's current and anticipated financial requirements in 
        relation to the provision of air traffic services.
    ``(e) Corporation's Financial Requirements.--In determining whether 
a proposal received from the Corporation under subsection (b) would 
generate revenues in compliance with subsection (d)(9), the Secretary 
shall consider costs and other liabilities of the Corporation, 
including--
            ``(1) costs incurred before the date of transfer;
            ``(2) operations and maintenance costs;
            ``(3) management and administrative costs;
            ``(4) depreciation costs;
            ``(5) interest costs and other expenses related to debt 
        servicing;
            ``(6) cash reserves or other requirements needed to 
        maintain credit ratings or comply with debt covenants; and
            ``(7) any tax liability.
    ``(f) Payment of Charges and Fees.--
            ``(1) In general.--An air traffic services user shall pay a 
        charge or fee assessed by the Corporation under subsection (a) 
        for services rendered and any interest and penalties assessed 
        under paragraph (2).
            ``(2) Late payment or nonpayment.--The Corporation may 
        assess and collect interest and penalties for late payment or 
        nonpayment of a charge or fee assessed by the Corporation under 
        subsection (a).
            ``(3) Private right of action.--The Corporation may file 
        suit in any district court of the United States having 
        jurisdiction over the parties, without respect to the amount in 
        controversy and without regard to the citizenship of the 
        parties, to enforce this subsection not later than 2 years 
        after the date on which a claim accrues. A claim accrues, under 
        this paragraph, upon the rendering of the relevant air traffic 
        services by the Corporation.
    ``(g) Initial Schedule.--Notwithstanding subsection (b)(3), the 
Corporation shall propose an initial schedule of charges and fees at 
least 180 days before the date of transfer.
    ``(h) Aircraft Operation Defined.--In this section, the term 
`aircraft operation' means the movement of an aircraft beginning with 
the take-off of the aircraft and ending with the landing of the 
aircraft.
``Sec. 90314. Preemption of authority over air traffic services
    ``(a) State Defined.--In this section, the term `State' means a 
State, the District of Columbia, and a territory or possession of the 
United States.
    ``(b) Preemption.--A State, political subdivision of a State, or 
political authority of at least 2 States may not enact or enforce a 
law, regulation, or other provision having the force and effect of law 
related to air traffic services.
    ``(c) Airport Owner or Operator.--Subsection (b) may not be 
construed to limit a State, political subdivision of a State, or 
political authority of at least 2 States that owns or operates a 
landing area from carrying out its proprietary powers and rights over 
the landing area.
``Sec. 90315. Actions by and against Corporation
    ``(a) Jurisdiction for Legal Actions Generally.--
            ``(1) Jurisdiction of united states district courts.--The 
        United States district courts shall have original jurisdiction 
        over all actions brought by or against the Corporation, except 
        as otherwise provided in this subtitle.
            ``(2) Removal of actions in state courts.--Any action 
        brought in a State court to which the Corporation is a party 
        shall be removed to the appropriate United States district 
        court under the provisions of chapter 89 of title 28.
    ``(b) Testimony of Corporation Employees.--
            ``(1) In general.--Except with the consent of the chief 
        legal officer of the Corporation, employees of the Corporation 
        may not provide expert opinion or expert testimony in civil 
        litigation related to the Corporation.
            ``(2) Exceptions.--The Corporation may prescribe the 
        circumstances, if any, under which employees of the Corporation 
        may provide expert opinion or expert testimony in civil 
        litigation related to the Corporation.
``Sec. 90316. Transfer of Federal personnel to Corporation
    ``(a) Transfer of FAA Employees to Corporation.--
            ``(1) Process.--Not later than 180 days after the date of 
        enactment of this subtitle, the Secretary, after meeting and 
        conferring with the CEO and representatives of the labor 
        organizations recognized under section 7111 of title 5 as 
        exclusive representatives of FAA employees, shall commence a 
        process to determine, consistent with the purposes of this 
        subtitle, which activities and employees, or categories of 
        employees, of the FAA shall be transferred to the Corporation 
        on or before the date of transfer.
            ``(2) Determination; transfer.--The Secretary shall--
                    ``(A) not later than 180 days prior to the date of 
                transfer, complete the determination of which 
                activities, employees, or categories of employees shall 
                be transferred to the Corporation under paragraph (1);
                    ``(B) upon completing the determination, notify the 
                CEO, the labor organizations recognized under section 
                7111 of title 5 as exclusive representatives of FAA 
                employees, and all affected employees of such 
                determination; and
                    ``(C) on or before the date of transfer, transfer 
                such activities, employees, or categories of employees.
    ``(b) Subsequent Transfer of Employees.--
            ``(1) In general.--
                    ``(A) Transfers from faa to corporation.--During 
                the 180-day period beginning on the date of transfer, 
                the Secretary, after meeting and conferring with the 
                CEO and representatives of the certified labor 
                organizations recognized under section 91105 and labor 
                organizations recognized under section 7111 of title 5 
                as exclusive representatives of FAA employees, may 
                transfer an employee from the FAA to the Corporation if 
                the Secretary, after meeting and conferring with the 
                CEO and the representatives, finds that the 
                determination with respect to the employee under 
                subsection (a) was inconsistent with the purposes of 
                this subtitle.
                    ``(B) Transfers from corporation to faa.--During 
                the 180-day period beginning on the date of transfer, 
                the Secretary, after meeting and conferring with the 
                CEO and representatives of the certified labor 
                organizations recognized under section 91105 and labor 
                organizations recognized under section 7111 of title 5 
                as exclusive representatives of FAA employees, may 
                transfer an employee from the Corporation to the FAA if 
                the Secretary, after the consultation with the CEO and 
                the representatives, finds that the determination with 
                respect to the employee under subsection (a) was 
                inconsistent with the purposes of this subtitle.
            ``(2) Reemployment of federal employees.--An employee 
        transferred from the Corporation to the FAA under this 
        subsection shall be entitled to the same rights and benefits, 
        and reemployment, in the same manner as if covered by section 
        3582 of title 5 notwithstanding section 8347(o), 8713, or 8914 
        of such title.
            ``(3) Election of benefits for employees subject to delayed 
        transfer to corporation.--In the case of an employee of the FAA 
        transferred to the Corporation under this subsection, such 
        employee shall be afforded the opportunity to make the election 
        provided under section 91102(b) with respect to benefits.
    ``(c) Corporation Employee Benefits.--At least 180 days before the 
date of transfer, the Corporation shall establish a compensation and 
benefits program for--
            ``(1) employees hired by the Corporation after the date of 
        transfer; and
            ``(2) employees that make the election under section 
        91102(b)(1)(A)(ii).
    ``(d) Protections for Employees Not Transferred to Corporation.--
For those employees of the FAA directly involved in the operation of 
air traffic services who are not transferred to the Corporation 
pursuant to subsection (a) or who transferred back to the FAA pursuant 
to subsection (b), the Secretary shall provide to such employees 
compensation and benefits consistent with the applicable collective-
bargaining agreement that are not less than the level of compensation 
and benefits provided to such FAA employees prior to the date of 
transfer unless mutually agreed to by the FAA and representatives of 
the certified labor organization.
    ``(e) Suitability, Clearances, and Medical Qualifications.--All 
federally issued or federally required credentials, certificates, 
clearances, medical qualifications, access rights, substance testing 
results, and any other Federal permissions or approvals held by any 
employee of the FAA in the operation of air traffic services that are 
valid and effective on the day prior to the date of transfer shall 
remain valid and effective after the date of transfer--
            ``(1) unless revoked for cause; or
            ``(2) until equivalent or substantially equivalent 
        credentials, certificates, clearances, medical qualifications, 
        access rights, substance testing results, and any other Federal 
        permissions or approvals have been issued to the employee on or 
        after the date of transfer.
    ``(f) Transition Agreements.--
            ``(1) Bipartite agreement.--
                    ``(A) Meetings.--At least 180 days before the date 
                of transfer, the Corporation shall meet with the labor 
                organizations recognized under section 7111 of title 5 
                as exclusive representatives of FAA employees to 
                resolve employment-related transition matters that 
                affect employees represented by those labor 
                organizations and that are not otherwise covered under 
                this section.
                    ``(B) Duty to bargain in good faith.--The 
                Corporation and the labor organizations described in 
                subparagraph (A) (in this subsection referred to as the 
                `parties') shall be subject to the duty to bargain in 
                good faith under chapter 911 in any meetings pursuant 
                to this paragraph.
                    ``(C) Dispute resolution procedures.--If the 
                parties fail to reach an agreement over the initial or 
                subsequent employment-related transition issues not 
                otherwise covered under this section, the matters shall 
                be subject to the dispute resolution procedures 
                established under subsections (a), (b), and (e) of 
                section 91107.
            ``(2) Tripartite agreement.--
                    ``(A) Meetings.--At least 1 year before the date of 
                transfer, the Corporation and the FAA shall meet with 
                the labor organizations recognized under section 7111 
                of title 5 as exclusive representatives of FAA 
                employees to resolve transition matters related to the 
                separation of air traffic services from the FAA 
                pursuant to this subtitle that affect employees 
                represented by those labor organizations and that are 
                not otherwise covered under this section.
                    ``(B) Duty to bargain in good faith.--To the extent 
                applicable, the Corporation and the labor organizations 
                described in subparagraph (A) shall be subject to the 
                duty to bargain in good faith under chapter 911 in any 
                meetings pursuant to this paragraph.
                    ``(C) Dispute resolution procedures.--If the 
                Corporation and the certified labor organizations 
                described in subparagraph (A) fail to reach an 
                agreement over the initial or subsequent transition 
                issues related to the separation of air traffic 
                services from the FAA, not otherwise covered under this 
                section, the matters shall be subject to the dispute 
                resolution procedures established under subsections 
                (a), (b), and (e) of section 91107.
``Sec. 90317. Transfer of facilities to Corporation
    ``(a) Inventory of FAA Property and Facilities.--At least 1 year 
before the date of transfer, the Secretary, in consultation with the 
CEO, shall identify the licenses, patents, software rights, and real 
and personal property, including air navigation facilities (as defined 
in section 40102(a)) of the United States under FAA jurisdiction, that 
are necessary and appropriate for the Corporation to carry out the air 
traffic services transferred to the Corporation under this subtitle.
    ``(b) Transfer of Federal Property.--
            ``(1) Conveyance of property to corporation.--On the date 
        of transfer, the Secretary shall convey, without charge, all 
        right, title, and interest of the United States in, and the 
        use, possession, and control of, properties identified under 
        subsection (a).
            ``(2) Sale of property by corporation after date of 
        transfer.--If the Corporation sells any of the property 
        conveyed to the Corporation under paragraph (1), the 
        Corporation shall use the proceeds received from the sale of 
        such property for the acquisition or improvement of air 
        navigation facilities or other capital assets.
            ``(3) Reversionary interest.--Any conveyance of real 
        property under this section located at an FAA technical 
        facility shall be subject to the condition that all right, 
        title, and interest in the real property shall revert to the 
        United States and be placed under the administrative control of 
        the Secretary if--
                    ``(A) the Corporation determines the real property 
                is no longer necessary to carry out the air traffic 
                services transferred to the Corporation under this 
                subtitle; and
                    ``(B) the Secretary determines the reversion is 
                necessary to protect the interests of the United 
                States.
            ``(4) Safety air traffic services equipment in remote 
        locations.--
                    ``(A) Maintenance by corporation.--Any equipment 
                identified pursuant to subsection (a) and conveyed to 
                the Corporation pursuant to paragraph (1) that is 
                located in a noncontiguous State of the United States 
                and is critical to the safe provision of air traffic 
                services in that State may not be sold and shall be 
                maintained and, as determined necessary by the 
                Corporation, upgraded by the Corporation.
                    ``(B) Equipment critical to safe provision of air 
                traffic services.--For purposes of this paragraph, 
                equipment critical to the safe provision of air traffic 
                services includes GPS receivers, data link 
                transceivers, ADS-B, multi-function displays, flight 
                information services, moving map displays, terrain 
                databases, airport lighting, and mountain pass cameras.
    ``(c) Consolidation and Realignment of Transferred Services and 
Facilities.--
            ``(1) In general.--At least 180 days before the date of 
        transfer, and subject to section 91107, the Corporation, in 
        consultation with representatives of labor organizations 
        representing operations and maintenance employees of the air 
        traffic control system, shall establish a process for the 
        realignment and consolidation of services and facilities to be 
        transferred to the Corporation from the FAA.
            ``(2) Moratorium.--Except as otherwise provided, there 
        shall be a moratorium on any effort by the Administrator or the 
        Corporation to consolidate or realign air traffic services or 
        facilities until the process required by paragraph (1) is 
        established.
``Sec. 90318. Approval of transferred air navigation facilities and 
              other equipment
    ``On the date of transfer, the Corporation is authorized to operate 
all air navigation facilities and other equipment conveyed pursuant to 
section 90317 without additional approval or certification by the 
Secretary.
``Sec. 90319. Use of spectrum systems and data
    ``Beginning on the date of transfer, the Secretary shall provide 
the Corporation with such access to the spectrum systems used by the 
FAA before the date of transfer to provide air traffic services, and 
any successor spectrum systems, and to the data from such systems, as 
is necessary to enable the Corporation to provide air traffic services 
under this subtitle.
``Sec. 90320. Transition plan
    ``(a) Transition Team.--Not later than 120 days after the date of 
enactment of this subtitle, the Secretary, after meeting and conferring 
with the CEO or Interim CEO, shall establish a transition team to 
develop, consistent with this subtitle, a transition plan to be 
reviewed by the Secretary and, if approved, utilized by the Department 
of Transportation during the period in which air traffic services are 
transferred from the FAA to the Corporation.
    ``(b) Membership.--The transition team shall consist of 12 
individuals, who are citizens of the United States, as follows:
            ``(1) 5 representatives appointed by the Secretary, 
        including--
                    ``(A) the Deputy Administrator of the FAA;
                    ``(B) the Director of the FAA Mike Monroney 
                Aeronautical Center;
                    ``(C) the Director of the FAA William J. Hughes 
                Technical Center; and
                    ``(D) 2 representatives from the Office of 
                Management and Budget, appointed with the concurrence 
                of the Director of the Office of Management and Budget.
            ``(2) 1 representative appointed by the exclusive 
        bargaining representative of air traffic controllers certified 
        under section 7111 of title 5.
            ``(3) 1 representative appointed by the exclusive 
        bargaining representative for airway transportation systems 
        specialists in the Air Traffic Organization technical 
        operations services certified under section 7111 of title 5.
            ``(4) 5 representatives appointed by the CEO.
    ``(c) Transition Plan.--
            ``(1) In general.--Not later than 45 days after the 
        establishment of the transition team, the transition team shall 
        develop and submit to the Secretary an executable transition 
        plan.
            ``(2) Contents.--The transition plan shall set forth a plan 
        for the Secretary, in consultation with the CEO or Interim CEO, 
        to--
                    ``(A) identify property, facilities, equipment, and 
                obligations, contractual or otherwise, related to the 
                provision of air traffic services; and
                    ``(B) safely and efficiently transfer Federal 
                personnel, property, facilities, equipment, and 
                obligations, contractual and otherwise, related to the 
                provision of air traffic services to the Corporation on 
                or before the date of transfer.
    ``(d) Secretarial Review.--
            ``(1) In general.--Not later than 30 days after receipt of 
        the transition plan, the Secretary shall review and, if 
        appropriate, approve the plan.
            ``(2) Disapproval.--If the Secretary does not approve a 
        submitted transition plan, the transition team shall revise the 
        plan and resubmit it to the Secretary not later than 30 days 
        after receiving notice of the disapproval by the Secretary.
    ``(e) Termination.--The transition team shall terminate upon 
approval of a transition plan by the Secretary.

       ``CHAPTER 905--REGULATION OF AIR TRAFFIC SERVICES PROVIDER

``Sec.
``90501. Safety oversight and regulation of Corporation.
``90502. Resolution of disputes concerning air traffic services charges 
                            and fees.
``90503. International agreements and activities.
``90504. Availability of safety information.
``90505. Reporting of safety violations to FAA.
``90506. Insurance requirements.
``Sec. 90501. Safety oversight and regulation of Corporation
    ``(a) Performance-Based Regulations and Minimum Safety Standards.--
After consultation with the Corporation and the FAA's certified 
bargaining representatives and before the date of transfer, the 
Secretary shall--
            ``(1) prescribe performance-based regulations and minimum 
        safety standards for the operation of air traffic services by 
        the Corporation;
            ``(2) prescribe performance-based regulations and minimum 
        safety standards for the certification and operation of air 
        navigation facilities (other than facilities that may be 
        operated without additional approval or certification pursuant 
        to section 90318); and
            ``(3) identify policies and other administrative materials 
        of the FAA in effect before the date of transfer for providing 
        air traffic services that will apply to the Corporation.
    ``(b) Safety Management System.--
            ``(1) In general.--The regulations and standards prescribed 
        pursuant to subsection (a) shall include a safety management 
        system for air traffic services provided by the Corporation.
            ``(2) Foundation.--The safety management system shall be 
        based on the safety management system used by the Air Traffic 
        Organization of the FAA before the date of transfer.
            ``(3) Use by corporation.--Beginning on the date of 
        transfer, the Corporation shall use the safety management 
        system, including any changes thereto, when assessing and 
        managing risks in all procedures, processes, and practices 
        necessary to provide air traffic services.
            ``(4) FAA oversight.--To the maximum extent practicable, 
        for at least 2 years after the date of transfer, the Air 
        Traffic Safety Oversight Service of the FAA shall employ the 
        same oversight processes and procedures in use before the date 
        of transfer.
    ``(c) Proposals To Modify Air Traffic Management Procedures, 
Assignments, and Classifications of Airspace.--
            ``(1) Submission of proposals to secretary.--The 
        Corporation or another interested party may submit to the 
        Secretary a proposal to modify--
                    ``(A) air traffic management procedures, 
                assignments, classifications of airspace, or other 
                actions affecting airspace access that are developed 
                pursuant to the safety management system; and
                    ``(B) FAA policies and other administrative 
                materials identified under subsection (a)(2).
            ``(2) Review and approval of proposals.--The regulations 
        and standards prescribed under subsection (a)(1) shall include 
        a process for expedited review and approval of a proposal 
        received under paragraph (1).
            ``(3) Standard for approval.--The Secretary shall approve a 
        proposal received under paragraph (1) if the Secretary 
        determines that the proposal complies with the regulations and 
        standards prescribed under subsection (a)(1) and is otherwise 
        consistent with the public interest, including that the 
        proposal would not materially reduce access to a public-use 
        airport.
            ``(4) Approvals and disapprovals.--
                    ``(A) In general.--During the 45-day period 
                beginning on the date of receipt of a proposal under 
                paragraph (1), the Secretary shall approve or 
                disapprove the proposal.
                    ``(B) Written explanation.--If the Secretary 
                disapproves the proposal, the Secretary shall provide--
                            ``(i) a written explanation of the 
                        Secretary's decision, including--
                                    ``(I) any instances of 
                                inconsistency with the regulations and 
                                standards prescribed under subsection 
                                (a)(1); and
                                    ``(II) any other information that 
                                formed the basis for the Secretary's 
                                decision; and
                            ``(ii) a description of any modifications 
                        to the proposal that are necessary to obtain 
                        approval.
            ``(5) Failure to act.--If the Secretary fails to act on a 
        proposal received under paragraph (1) during the 45-day period 
        described in paragraph (4)(A), the Corporation or other party 
        making the proposal shall be entitled to a writ of mandamus in 
        a Federal district court with venue.
    ``(d) Judicial Review.--
            ``(1) In general.--Any decision made by the Secretary to 
        approve or disapprove a proposal received under subsection 
        (c)(1) shall be subject to judicial review pursuant to 
        subsections (a), (b), (d), and (e) of section 46110.
            ``(2) Standard of review.--
                    ``(A) Disapprovals.--In the case of a petition 
                filed under section 46110(a) to review a decision of 
                the Secretary that disapproves a proposal received from 
                the Corporation under subsection (c)(1), the court 
                shall, without deference to the Secretary's 
                determination, review de novo the record to determine 
                if the Secretary's determination is consistent with the 
                regulations and standards prescribed under subsection 
                (a)(1).
                    ``(B) Approvals.--In the case of a petition filed 
                under section 46110(a) to review a decision of the 
                Secretary that approves a proposal received from the 
                Corporation under subsection (c)(1), the court may 
                overturn the approval only upon a finding of clear 
                error or an abuse of discretion.
    ``(e) Compilation.--
            ``(1) Establishment.--The Corporation shall establish and 
        maintain a compilation of the policies and other materials 
        identified under subsection (a)(2).
            ``(2) Updates.--The Corporation shall update the 
        compilation each time a proposal described in subsection 
        (c)(1)(B) is approved.
            ``(3) Publication.--The Corporation shall make the 
        compilation available to the public.
    ``(f) Special Rules for Proposals Affecting Certain Airspace.--The 
regulations and standards prescribed under subsection (a)(1) shall 
include procedures (including advance submission of necessary 
supporting data, analysis, and documentation) for the Secretary to 
evaluate, at least 180 days before its submission under subsection 
(c)(1), a proposal for an airspace change that would affect airspace 
that is--
            ``(1) within an area designated as a `Metroplex' by the FAA 
        as of March 30, 2017;
            ``(2) within an area subject to a major, large-scale 
        airspace redesign project; or
            ``(3) adjacent to or containing special use airspace.
    ``(g) Exempted Airspace Actions.--The requirements of this section 
shall not apply to--
            ``(1) temporary airspace actions directed by the 
        Administrator or Secretary;
            ``(2) airspace actions as described in section 90904; or
            ``(3) certain emergency circumstances, as defined by the 
        Secretary by regulation.
    ``(h) Delegation.--Notwithstanding section 90303(b), and except for 
the process and procedures required by section 90703(b), the Secretary 
may delegate safety oversight functions to the Administrator.
``Sec. 90502. Resolution of disputes concerning air traffic services 
              charges and fees
    ``(a) Authority To Request Secretary's Determination.--
            ``(1) In general.--The Secretary shall issue a 
        determination as to whether a charge or fee assessed by the 
        Corporation for the use of air traffic services in United 
        States airspace or international airspace delegated to the 
        United States is correct if a written complaint for such 
        determination is filed with the Secretary by an air traffic 
        services user not later than 60 days after the air traffic 
        services user receives an assessment or invoice from the 
        Corporation.
            ``(2) Treatment of interest and penalties.--In this 
        section, the terms `charge' and `fee' include any interest and 
        penalty relating thereto.
    ``(b) Procedural Regulations.--At least 270 days before the date of 
transfer, the Secretary shall publish in the Federal Register final 
regulations, policy statements, or guidelines establishing the 
procedures for acting upon written complaints filed under subsection 
(a)(1) and requests of the Corporation pursuant to subsection (e)(3).
    ``(c) Determination of Correctness.--In determining under 
subsection (a)(1) whether a charge or fee is correct, the Secretary 
shall determine only if the charge or fee is consistent with approved 
charges or fees pursuant to section 90313.
    ``(d) Decisions by Secretary.--The final regulations, policy 
statements, or guidelines required in subsection (b) shall provide for 
the following:
            ``(1) Not later than 90 days after an air traffic services 
        user files with the Secretary a written complaint relating to 
        an assessed or invoiced air traffic services charge or fee, the 
        Secretary shall issue a final order determining whether the 
        charge or fee is correct.
            ``(2) Not later than 30 days after such complaint is filed 
        with the Secretary, the Secretary shall dismiss the complaint 
        if no significant dispute exists or shall assign the matter to 
        an administrative law judge. Thereafter, the matter shall be 
        handled in accordance with part 302 of title 14, Code of 
        Federal Regulations, or as modified by the Secretary, to ensure 
        an orderly disposition of the matter within the 90-day period 
        referred to in paragraph (1) and any specifically applicable 
        provisions of this section.
            ``(3) The administrative law judge shall issue a 
        recommended decision not later than 45 days after the complaint 
        is assigned or within such shorter period as the Secretary may 
        specify.
            ``(4) If the Secretary, upon the expiration of 90 days 
        after the filing of the complaint, has not issued a final 
        order, the decision of the administrative law judge shall be 
        deemed to be the final order of the Secretary.
            ``(5) Any party to the dispute may seek review of a final 
        order of the Secretary under this subsection in the Circuit 
        Court of Appeals for the District of Columbia Circuit or the 
        court of appeals in the circuit with venue.
            ``(6) Any findings of fact in a final order of the 
        Secretary under this subsection, if supported by substantial 
        evidence, shall be conclusive if challenged in a court pursuant 
        to this subsection. No objection to such a final order may be 
        considered by the court unless objection was urged before an 
        administrative law judge or the Secretary at a proceeding under 
        this subsection or, if not so urged, unless there were 
        reasonable grounds for failure to do so.
    ``(e) Payment Under Protest; Guarantee of Air Traffic Services User 
Access.--
            ``(1) Payment under protest.--
                    ``(A) In general.--Any charge or fee that is the 
                subject of a complaint that is not dismissed by the 
                Secretary shall be paid by the complainant air traffic 
                services user to the Corporation under protest.
                    ``(B) Referral or credit.--Any amounts paid under 
                this subsection by a complainant air traffic services 
                user to the Corporation under protest shall be subject 
                to refund or credit to the air traffic services user in 
                accordance with directions in the final order of the 
                Secretary within 30 days of such order.
                    ``(C) Timely repayment.--In order to ensure the 
                timely repayment, with interest, of amounts in dispute 
                determined not to be correct by the Secretary, the 
                Corporation shall obtain a letter of credit, or surety 
                bond, or other suitable credit facility, equal to the 
                amount in dispute that is due during the 90-day period 
                referred to in subsection (d)(1), plus interest, unless 
                the Corporation and the air traffic services user agree 
                otherwise.
                    ``(D) Deadline.--The letter of credit, or surety 
                bond, or other suitable credit facility shall be 
                provided to the Secretary not later than 20 days after 
                the filing of the complaint and shall remain in effect 
                for 30 days after the issuance of a timely final order 
                by the Secretary determining whether such charge or fee 
                is correct.
            ``(2) Guarantee of air traffic services user access.--
        Contingent upon an air traffic services user's compliance with 
        the requirements of paragraph (1) and pending the issuance of a 
        final order by the Secretary determining the correctness of a 
        charge or fee that is the subject of a complaint filed under 
        subsection (a)(1), the Corporation may not withhold air traffic 
        services as a means of enforcing the charge or fee.
            ``(3) Noncompliance.--Prior to the issuance of a final 
        order by the Secretary determining the correctness of a charge 
        or fee that is the subject of a complaint filed under 
        subsection (a)(1), if an air traffic services user does not 
        comply with the requirements of paragraph (1), the Corporation 
        shall withhold air traffic services from the user if the 
        Corporation requests and receives approval from the Secretary 
        to withhold air traffic services.
``Sec. 90503. International agreements and activities
    ``(a) Consistency With International Obligations and Laws of Other 
Countries.--The Corporation shall provide air traffic services under 
this subtitle in a manner that is consistent with any obligation 
assumed by the United States in a treaty, convention, or agreement that 
may be in force between the United States and a foreign country or 
foreign countries or between the United States and an international 
organization, and shall take into consideration any applicable laws and 
requirements of foreign countries.
    ``(b) Prohibition.--The Corporation may not negotiate on behalf of 
or otherwise represent the United States before any foreign government 
or international organization.
``Sec. 90504. Availability of safety information
    ``(a) Safety Information.--The Corporation shall make available to 
air traffic services users and the public--
            ``(1) the same type of safety information made available by 
        the FAA before the date of transfer;
            ``(2) any additional safety information needed by air 
        traffic services users to operate safely; and
            ``(3) any updates or revisions to the safety information 
        referred to in paragraphs (1) and (2).
    ``(b) Meteorological Services; Aeronautical Charts.--The 
Corporation may provide for the dissemination of available aviation-
related meteorological information and aeronautical charts to air 
traffic services users.
``Sec. 90505. Reporting of safety violations to FAA
    ``(a) In General.--In a manner, form, and process prescribed by the 
Administrator, the Corporation shall report to the Administrator 
complaints or instances of--
            ``(1) noncompliance with or deviations from air traffic 
        control clearances or instructions;
            ``(2) noncompliant operations in controlled airspace or 
        special use airspace; and
            ``(3) any other observed activities endangering persons or 
        property in the air or on the ground.
    ``(b) Assistance in Enforcement Actions.--The Corporation shall 
provide necessary assistance in any enforcement action taken by the 
Administrator resulting from a report of the Corporation or another 
person or entity.
    ``(c) Statutory Construction.--This section may not be construed to 
limit the authority of the Administrator to undertake enforcement 
actions upon the Administrator's initiative.
``Sec. 90506. Insurance requirements
    ``The Corporation shall maintain adequate liability insurance 
policies and coverages, as determined by the Secretary, including 
complete indemnification of employees of the Corporation for acts 
within the scope of employment.

``CHAPTER 907--GENERAL RIGHTS OF ACCESS TO AIRSPACE, AIRPORTS, AND AIR 
   TRAFFIC SERVICES VITAL FOR ENSURING SAFE OPERATIONS FOR ALL USERS

``Sec.
``90701. Access to airspace.
``90702. Access to airports.
``90703. Contract tower service after date of transfer.
``90704. Availability of safety information to general aviation 
                            operators.
``90705. Special rules and appeals process for air traffic management 
                            procedures, assignments, and 
                            classifications of airspace.
``90706. Definitions.
``Sec. 90701. Access to airspace
    ``The Secretary shall take such actions as are necessary to ensure 
that an air traffic services user is not denied access to airspace or 
air traffic services on the basis that the user is exempt from charges 
and fees under section 90313.
``Sec. 90702. Access to airports
    ``In carrying out section 90501(c)(3), the Secretary shall 
determine whether a proposal would materially reduce access to a 
public-use airport, including a general aviation or rural airport.
``Sec. 90703. Contract tower service after date of transfer
    ``(a) Transfer of Contract Tower Agreements to Corporation.--In 
carrying out section 91302(e), the Secretary shall take such actions as 
are necessary to ensure that the Corporation assumes the contract and 
other obligations associated with the operation of an air traffic 
control tower that, prior to the date of transfer, was operated under a 
contract pursuant to section 47124.
    ``(b) Special Rules for Proposals Relating to Operation of Contract 
Towers.--
            ``(1) In general.--The regulations and standards prescribed 
        under section 90501(a)(1) shall include procedures for the 
        Secretary to evaluate, under section 90501(c), a proposal for 
        an airspace change, including an airspace reclassification, 
        that results from the proposed closure of a tower that is 
        operating under a contract with the Corporation and that, prior 
        to the date of transfer, was operated under a contract with the 
        Secretary pursuant to section 47124.
            ``(2) Procedures.--The procedures required pursuant to 
        paragraph (1) shall include--
                    ``(A) the advance submission by the Corporation of 
                necessary supporting data, analysis, and documentation 
                related to--
                            ``(i) the safety risk management assessment 
                        of the proposed contract tower closure;
                            ``(ii) an assessment of the impact of the 
                        proposed closure on the operation of the 
                        national airspace system;
                            ``(iii) an assessment of the impact of the 
                        proposed closure on local communities, 
                        including with respect to air service;
                            ``(iv) an assessment, in consultation with 
                        the Secretary of Defense and the Secretary of 
                        Homeland Security, as appropriate, of any 
                        impact of the proposed closure on military 
                        aviation readiness and training, homeland 
                        security aviation operations, emergency 
                        management and disaster aviation operations, 
                        and law enforcement aviation operations; and
                            ``(v) any other safety or operational 
                        information the Secretary determines to be 
                        necessary to understand the safety impact of 
                        the proposed closure; and
                    ``(B) a process to receive input from the public, 
                impacted air traffic services users, local communities, 
                and the airport operator of the airport where the 
                contract tower proposed to be closed is located.
``Sec. 90704. Availability of safety information to general aviation 
              operators
    ``In carrying out section 90504, the Corporation shall ensure that 
the safety information referenced in that section is made available to 
general aviation operators.
``Sec. 90705. Special rules and appeals process for air traffic 
              management procedures, assignments, and classifications 
              of airspace
    ``(a) In General.--If the Corporation proposes to modify, reduce, 
decommission, or eliminate an air traffic service or air navigation 
facility that would result in the loss of or material reduction in 
access to a public-use airport or adjacent airspace for any class, 
category, or type of aircraft or aircraft operation, as determined by 
the Secretary, the Secretary shall designate an officer to issue a 
notice in the Federal Register and establish a docket that includes--
            ``(1) a copy of the Corporation's proposal;
            ``(2) available data on the usage of the affected air 
        traffic service or air navigation facility;
            ``(3) an assessment of the designated officer on the 
        effects of the proposal; and
            ``(4) an assessment of the designated officer on any 
        proposed action to mitigate the loss of or material reduction 
        in access to the public-use airport or adjacent airspace.
    ``(b) Proceeding.--The designated officer shall provide an 
opportunity for public comment on the proposal for a period of at least 
60 days.
    ``(c) Decision.--Not later than 30 days after the last day of the 
public comment period, the designated officer shall--
            ``(1) determine whether the proposal is in the public 
        interest, including whether any material reduction in access to 
        a public-use airport or adjacent airspace has been mitigated to 
        the maximum extent practicable; and
            ``(2) approve or disapprove the proposal on that basis.
    ``(d) Relationship to Other Requirements.--Notwithstanding section 
90501(c), a proposal described in subsection (a)--
            ``(1) shall be subject to the process established in this 
        section; and
            ``(2) may not be implemented unless approved under this 
        section.
    ``(e) Appeals and Secretarial Review.--
            ``(1) Written petition for review.--A petition for an 
        appeal of a decision of the designated officer under subsection 
        (c) shall be submitted in writing to the Secretary not later 
        than 30 days after the date of the decision.
            ``(2) Secretarial review.--The Secretary shall review and 
        make a determination with respect to a timely filed petition 
        under paragraph (1) not later than 30 days after the date of 
        receipt of the petition.
    ``(f) Decisional Standards.--In making a determination under this 
section, neither the Secretary nor the designated officer may consider 
any factor not directly germane to--
            ``(1) the safe operation or navigation of an aircraft; or
            ``(2) the sufficiency of mitigation efforts related to a 
        material reduction in access to a public-use airport or 
        adjacent airspace.
    ``(g) Judicial Review.--
            ``(1) In general.--Any determination made by the Secretary 
        under subsection (e)(2) shall be subject to judicial review 
        pursuant to subsections (a), (b), (d), and (e) of section 
        46110.
            ``(2) Standard of review.--
                    ``(A) Disapprovals.--In the case of a petition 
                filed under section 46110(a) to review a determination 
                of the Secretary that disapproves a proposal, the court 
                shall, without deference to the Secretary's 
                determination, review de novo the record to determine 
                if the Secretary's determination is in the public 
                interest.
                    ``(B) Approvals.--In the case of a petition filed 
                under section 46110(a) to review a determination of the 
                Secretary that approves a proposal, the court may 
                overturn the approval only upon a finding of clear 
                error or an abuse of discretion.
``Sec. 90706. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Material reduction.--The term `material reduction' 
        means, with respect to access to a public-use airport, 
        including a general aviation or rural airport, a materially 
        diminished ability to safely operate or navigate to or from the 
        airport or adjacent airspace during a time of day, weather 
        condition, or season of the year.
            ``(2) Rural airport.--The term `rural airport' means a 
        public-use airport located in a rural area (as that term is 
        defined in section 520 of the Housing Act of 1949 (42 U.S.C. 
        1490)).

  ``CHAPTER 909--CONTINUITY OF AIR TRAFFIC SERVICES TO DEPARTMENT OF 
                   DEFENSE AND OTHER PUBLIC AGENCIES

``Sec.
``90901. Continuity of air traffic services provided by Department of 
                            Defense.
``90902. Military and other public aircraft exempt from user fees.
``90903. Air traffic services for Federal agencies.
``90904. Emergency powers of Armed Forces.
``90905. Adherence to international agreements related to operations of 
                            Armed Forces.
``90906. Primacy of Armed Forces in times of war.
``90907. Cooperation with Department of Defense and other Federal 
                            agencies after date of transfer.
``Sec. 90901. Continuity of air traffic services provided by Department 
              of Defense
    ``After the date of transfer, the Department of Defense, as 
directed by the President, is authorized and permitted to provide air 
traffic services within United States airspace and international 
airspace delegated to the United States.
``Sec. 90902. Military and other public aircraft exempt from user fees
    ``The Corporation may not impose charges or fees for operations of 
aircraft owned or operated by the Armed Forces or other aircraft that 
qualify as public aircraft under sections 40102(a) and 40125.
``Sec. 90903. Air traffic services for Federal agencies
    ``Before the date of transfer, the Secretary shall establish 
processes, requirements, procedures, and regulations and take any other 
measure necessary, consistent with the purposes of this subtitle, to 
ensure that all United States Government activities supported by the 
FAA's operation of air traffic services as of the date of transfer 
receive support from the Corporation after the date of transfer and on 
an ongoing basis.
``Sec. 90904. Emergency powers of Armed Forces
    ``The requirements of section 90501 shall not apply to airspace 
actions necessitated by an exercise of authority under section 40106.
``Sec. 90905. Adherence to international agreements related to 
              operations of Armed Forces
    ``In carrying out section 90503, the Corporation shall ensure that 
the obligations described in that section include obligations related 
to operations of the Armed Forces.
``Sec. 90906. Primacy of Armed Forces in times of war
    ``The President may make temporary transfers to the Secretary of 
Defense pursuant to section 40107(b).
``Sec. 90907. Cooperation with Department of Defense and other Federal 
              agencies after date of transfer
    ``At least 1 year prior to the date of transfer, the Corporation, 
the Department of Transportation, and each Federal department or agency 
supported by the FAA's operation of air traffic services, including the 
Armed Forces, shall enter into a tripartite agreement to--
            ``(1) ensure cooperation between the Corporation and the 
        department or agency on the delivery of air traffic services;
            ``(2) facilitate the safe provision of air traffic services 
        to the department or agency; and
            ``(3) address how the Corporation and the department or 
        agency will coordinate and communicate on the day-to-day 
        operations of the national airspace system.

                   ``CHAPTER 911--EMPLOYEE MANAGEMENT

``Sec.
``91101. Definitions.
``91102. Employee management and benefits election.
``91103. Labor and employment policy.
``91104. Bargaining units.
``91105. Recognition of labor organizations.
``91106. Collective-bargaining agreements.
``91107. Collective-bargaining dispute resolution.
``91108. Potential and pending grievances, arbitrations, and 
                            settlements.
``91109. Prohibition on striking and other activities.
``91110. Legal action.
``Sec. 91101. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Agency.--The term `Agency' means, as the context 
        requires, the Department of Transportation or the FAA.
            ``(2) Air traffic controller.--
                    ``(A) In general.--The term `air traffic 
                controller' means an employee of the Corporation who, 
                in an air traffic control facility or flight service 
                station facility--
                            ``(i) is actively engaged--
                                    ``(I) in the separation and control 
                                of air traffic; or
                                    ``(II) in providing preflight, 
                                inflight, or airport advisory service 
                                to aircraft operators; or
                            ``(ii) is the immediate supervisor of any 
                        employee described in clause (i).
                    ``(B) Limitation.--Notwithstanding subparagraph 
                (A), the definition of `air traffic controller' for 
                purposes of section 8336(e) of chapter 83 of title 5 
                and section 8412(e) of chapter 84 of such title shall 
                mean only employees actively engaged in the separation 
                of air traffic and the immediate supervisors of such 
                employees, as set forth in section 8331(30) of such 
                title, and section 8401(35) of such title.
            ``(3) Authority.--The term `Authority' means the Federal 
        Labor Relations Authority, as described in section 7104(a) of 
        title 5.
            ``(4) Service.--The term `Service' means the Federal 
        Mediation and Conciliation Service established by section 202 
        of the Labor Management Relations Act, 1947 (29 U.S.C. 172).
``Sec. 91102. Employee management and benefits election
    ``(a) Authority of CEO.--
            ``(1) In general.--Except as otherwise provided by law, the 
        CEO shall classify and fix the compensation and benefits of 
        employees in the Corporation.
            ``(2) Negotiations.--In developing, making changes to, and 
        implementing wages, hours, and other terms and conditions of 
        employment, including when establishing the compensation and 
        benefits program under section 90316(c), the Corporation shall 
        negotiate with exclusive representatives recognized under 
        section 91105.
            ``(3) Before date of transfer.--For purposes of paragraph 
        (2), before the date of transfer, the term `exclusive 
        representatives recognized under section 91105' shall refer to 
        labor organizations recognized under section 7111 of title 5 as 
        exclusive representatives of FAA employees.
    ``(b) Former Federal Employees.--
            ``(1) Federal retirement benefits.--
                    ``(A) Election of retirement benefits.--At least 90 
                days before the date of transfer, an employee 
                transferring to the Corporation who will be subject to 
                either the Civil Service Retirement System under 
                chapter 83 of title 5 (in this section referred to as 
                `CSRS') or the Federal Employees Retirement System 
                under chapter 84 of title 5 (in this section referred 
                to as `FERS') on the day immediately preceding the date 
                of transfer shall elect either to--
                            ``(i) retain the employee's coverage under 
                        either CSRS or FERS, as applicable, in lieu of 
                        coverage by the Corporation's employee benefits 
                        system established under section 90316(c); or
                            ``(ii) receive a deferred annuity, lump-sum 
                        benefit, or any other benefit available to the 
                        employee under CSRS or FERS, in the same manner 
                        that would have been available to the employee 
                        if the employee had voluntarily separated from 
                        Federal employment on the day before the date 
                        of transfer.
                    ``(B) Thrift savings plan accounts.--An employee 
                who makes the election under subparagraph (A)(ii) shall 
                have the option to transfer the balance in the 
                employee's Thrift Savings Plan account to the plan 
                under the Corporation's retirement system, consistent 
                with applicable law and the terms of the Corporation's 
                plan.
                    ``(C) Periodic election.--The Corporation shall 
                provide for periodic election seasons during which an 
                employee who transferred to the Corporation on the date 
                of transfer may become eligible for retirement benefits 
                under the Corporation's employee benefits system 
                established under section 90316(c) by making an 
                election under subparagraph (A)(ii).
                    ``(D) Continuity of annuitant benefits.--
                Notwithstanding any other provision of law, any 
                individual who is receiving an annuity under chapter 83 
                or chapter 84 of title 5 may continue to receive such 
                annuity while employed by the Corporation.
                    ``(E) High-3 determination.--With respect to any 
                employee who retains CSRS or FERS coverage pursuant to 
                subparagraph (A), such employee's basic pay while with 
                the Corporation shall be included in any determination 
                of such employee's average pay under section 8331(4) or 
                8401(3), as the case may be, of title 5 when 
                calculating the annuity (if any) of such employee. For 
                purposes of this section, an employee's basic pay shall 
                be defined as such employee's total annual salary or 
                wages from the Corporation, including any location-
                based adjustment.
            ``(2) Payments to civil service retirement and disability 
        fund.--For employees of the Corporation who elect to retain 
        their coverage under either CSRS or FERS pursuant to paragraph 
        (1), the Corporation shall only be required to pay to the Civil 
        Service Retirement and Disability Fund--
                    ``(A) such employee deductions and agency 
                contributions as are required by sections 8334, 8422, 
                and 8423 of title 5; and
                    ``(B) such additional amounts, not to exceed 2 
                percent of the amounts under subparagraph (A), as are 
                determined necessary by the Office of Personnel 
                Management to pay the cost of administering retirement 
                benefits for employees who retire from the Corporation 
                after the date of transfer under either CSRS or FERS, 
                for their survivors, and for survivors of employees of 
                the Corporation who die after the date of transfer 
                (which amounts shall be available to the Office of 
                Personnel Management as provided in section 
                8348(a)(1)(B) of title 5).
            ``(3) Thrift savings fund.--The Corporation shall pay to 
        the Thrift Savings Fund such employee and agency contributions 
        as are required by section 8432 of title 5 for employees who 
        elect to retain their coverage under FERS pursuant to paragraph 
        (1).
            ``(4) Health benefits plan election.--Any employee of the 
        Corporation who was subject to the Federal Employees Health 
        Benefits Program under chapter 89 of title 5 (in this section 
        referred to as `FEHBP') on the day immediately preceding the 
        date of transfer shall have the option to receive health 
        benefits from a health benefit plan established by the 
        Corporation under section 90316(c) or to continue coverage 
        under FEHBP without interruption.
            ``(5) Payments to employees health benefits fund.--For 
        employees of the Corporation who elect to retain their coverage 
        under FEHBP pursuant to paragraph (4), the Corporation shall 
        pay to the Employees Health Benefits Fund--
                    ``(A) such employee deductions and agency 
                contributions as are required by subsections (a) 
                through (f) of section 8906 of title 5; and
                    ``(B) such amounts as are determined necessary by 
                the Office of Personnel Management under paragraph (6) 
                to reimburse the Office of Personnel Management for 
                contributions under section 8906(g)(1) of title 5.
            ``(6) Reimbursement amounts.--The amounts required to be 
        paid by the Corporation under paragraph (5)(B) shall be equal 
        to the amount of Government contributions for retired employees 
        who retire from the Corporation after the date of transfer 
        under either CSRS or FERS, for survivors of such retired 
        employees, and for survivors of employees of the Corporation 
        who die after the date of transfer, with said amounts prorated 
        to reflect only that portion of the total service of such 
        employees and retired persons that was performed for the 
        Corporation after the date of transfer.
            ``(7) Additional benefits.--Subject to the provisions of 
        this chapter, any employee of the Corporation who was subject 
        to the provisions of subchapter I of chapter 85 (concerning 
        unemployment compensation) and chapters 87 (concerning life 
        insurance), 89A (concerning enhanced dental benefits), and 89B 
        (concerning enhanced vision benefits) of title 5 shall have the 
        option to continue coverage under such provisions without 
        interruption in lieu of applicable coverage by the 
        Corporation's employee benefits system established under 
        section 90316(c). The Corporation shall withhold from pay, and 
        shall make contributions, under the provisions of title 5 
        referred to in this subsection at the same rates applicable to 
        agencies of the Federal Government for such employees.
            ``(8) Workers compensation.--Officers and employees of the 
        Corporation shall be covered by, and shall be considered 
        employees for purposes of, subchapter I of chapter 81 of title 
        5 (concerning compensation for work injuries). The Corporation 
        shall make contributions to the Employees' Compensation Fund 
        under the provisions of section 8147 of title 5 at the same 
        rates applicable to agencies of the Federal Government.
            ``(9) Non-foreign area.--To the extent consistent with law, 
        the Non-Foreign Area Retirement Equity Assurance Act of 2009 
        shall apply to officers and employees of the Corporation 
        transferred under section 90316.
            ``(10) Transfer of leave.--Sick and annual leave, credit 
        hours, and compensatory time of officers and employees of the 
        Corporation, whether accrued before or after the date of 
        transfer, shall be obligations of the Corporation under the 
        provisions of this chapter.
            ``(11) Whistleblower protection.--Neither the Corporation, 
        nor any officer or employee of the Corporation, may take any 
        action described in subsection (b)(8), (b)(9), or (b)(13), or 
        the final paragraph of subsection (b), of section 2302 of title 
        5 (relating to whistleblower protection).
``Sec. 91103. Labor and employment policy
    ``(a) Application of Chapter 71 of Title 5.--To the extent not 
inconsistent with this chapter, labor-management relations shall be 
subject to the provisions of chapter 71 of title 5, provided that the 
obligation of the Corporation and an exclusive bargaining 
representative recognized under section 91105 to bargain collectively 
in good faith over conditions of employment shall mean to bargain over 
the same wages, hours, and other terms and conditions of employment as 
are negotiable under section 8(d) of the Act of July 5, 1935, as 
amended (29 U.S.C. 158(d)), and without application of section 
7103(a)(14) of title 5 and section 7117 of title 5, which shall not 
apply.
    ``(b) Applicability.--To the limited extent necessary for the 
implementation of this chapter, the Corporation shall have the rights 
and obligations of an agency under chapter 71 of title 5.
    ``(c) Application of Fair Labor Standards Act.--The provisions of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall 
apply to the Corporation and to its officers and employees.
    ``(d) Reporting and Disclosure.--The provisions of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) 
shall be applicable to labor organizations that have or are seeking to 
attain recognition under section 91105, and to such organizations' 
officers, agents, shop stewards, other representatives, and members.
    ``(e) Right To Collectively Bargain.--Each employee of the 
Corporation shall have the right, freely and without fear of penalty or 
reprisal, to form, join, and assist a labor organization or to refrain 
from any such activity, and each employee shall be protected in the 
exercise of this right. Such right shall include the right to engage in 
collective bargaining with respect to the same wages, hours, and other 
terms and conditions of employment as are negotiable under section 8(d) 
of the Act of July 5, 1935, as amended (29 U.S.C. 158(d)).
``Sec. 91104. Bargaining units
    ``(a) In General.--Pursuant to section 7112 of title 5 and subject 
to the requirements of this chapter, the Authority shall decide in each 
case the unit appropriate for collective bargaining with the 
Corporation.
    ``(b) Previously Certified Units.--Notwithstanding subsection (a), 
the Authority may not adopt, certify, or decide upon bargaining units 
that include employees in bargaining units previously certified by the 
Authority that are smaller in geographic scope than such previously 
certified bargaining units, unless the Authority finds by compelling 
evidence that such previously certified units would not, absent 
modification, remain units appropriate for collective bargaining with 
the Corporation.
    ``(c) Other Units.--
            ``(1) Previous certifications.--Notwithstanding subsection 
        (a) or (b), the Authority shall not recognize or certify any 
        bargaining unit different than the bargaining units previously 
        certified by the Authority prior to the date described in 
        section 91105(g).
            ``(2) Supervisors and management officials.--
        Notwithstanding section 7135(a)(2) of title 5, a bargaining 
        unit may not include, or be modified to include, any supervisor 
        or management official, as those terms are defined in section 
        7103(a) of title 5.
``Sec. 91105. Recognition of labor organizations
    ``(a) Application of Chapter 71 of Title 5.--To the extent not 
inconsistent with this chapter, section 7111 of title 5 shall apply to 
the recognition and certification of labor organizations for the 
employees of the Corporation and the Corporation shall accord exclusive 
recognition to and bargain collectively with a labor organization when 
the organization has been selected by a majority of the employees in an 
appropriate unit as their representative.
    ``(b) Recognition of Exclusive Representative.--Notwithstanding 
subsection (a), each labor organization that, immediately before the 
date of transfer, was recognized as the exclusive representative for a 
bargaining unit of employees of the Agency shall be deemed to be 
recognized on the date of transfer or thereafter as the exclusive 
representative for those employees of the Corporation in the same or 
similar bargaining unit unless another representative for a bargaining 
unit of employees is certified pursuant to section 7111 of title 5 and 
this section.
    ``(c) Expiration of Term.--Every collective-bargaining agreement or 
arbitration award that applies to an employee of the Agency and that is 
in force immediately before the date of transfer continues in force 
until its term expires. To the extent that the Corporation assumes the 
functions and responsibilities that, prior to the date of transfer, 
were conducted by the Agency, agreements and supplements (including any 
arbitration award, as applicable) covering employees of the Agency that 
are in effect on the date of transfer shall continue to be recognized 
by and binding on the Corporation, the bargaining representative, and 
all covered employees until altered or amended pursuant to law. Any 
agreement, supplement, or arbitration award continued by this section 
is deemed to be an agreement, supplement, or arbitration award binding 
on the Corporation, the bargaining representative, and all covered 
employees for purposes of this chapter and title 5.
    ``(d) Limitation on Application.--Notwithstanding section 91103, 
sections 7106 and 7113 of title 5 shall not apply to this chapter.
    ``(e) Continuation of Bargaining.--If an exclusive representative 
and the Agency are engaged in bargaining (whether concerning a 
collective-bargaining agreement, issues related to the transfer of 
functions and responsibilities from the Agency to the Corporation, or 
otherwise) prior to the date of transfer, such bargaining shall 
continue between the exclusive representative and the Corporation, and 
the Corporation shall be bound by any commitments made during 
bargaining by the Agency.
    ``(f) Statutory Construction.--Nothing in this section may be 
construed to prohibit the waiving of hearings by stipulation for the 
purpose of a consent election in conformity with regulations and rules 
of decision of the Authority.
    ``(g) Limitation.--Notwithstanding any other provision of this 
chapter or any provision of title 5, no bargaining unit or part of a 
bargaining unit consisting of employees of the Corporation represented 
by a labor organization pursuant to subsection (b) may be reviewed, 
rescinded, amended, altered, or varied, other than--
            ``(1) to include in the unit any employees who are not 
        represented by a labor organization, or
            ``(2) to merge bargaining units that are represented by the 
        same labor organization,
before the first day of the last 3 months of the first collective 
agreement entered into after the date of transfer that applies to those 
employees and that has resulted from collective bargaining between such 
labor organization and the Corporation.
    ``(h) Deduction.--
            ``(1) In general.--Notwithstanding section 91103, section 
        7115 of title 5 shall not apply to this chapter.
            ``(2) Dues.--When a labor organization holds exclusive 
        recognition, the Corporation shall deduct the regular and 
        periodic dues, initiation fees, and assessments (not including 
        fines and penalties) of the organization from the pay of all 
        members of the organization in the unit of recognition if the 
        Corporation (or, before the date of transfer, the Agency) has 
        received from each employee, on whose account such deductions 
        are made, a written assignment which shall be irrevocable for a 
        period of not more than 1 year.
            ``(3) Continuation.--Any agreement described in subsection 
        (c) that provides for deduction by the Agency of the regular 
        and periodic dues, initiation fees, and assessments (not 
        including fines and penalties) of the labor organization from 
        the pay of its members shall continue in full force and effect 
        and the obligation for such deductions shall be assumed by the 
        Corporation. No such deduction may be made from the pay of any 
        employee except on the employee's written assignment, which 
        shall be irrevocable for a period of not more than 1 year.
``Sec. 91106. Collective-bargaining agreements
    ``(a) In General.--Except as provided under section 91105(c), 
collective-bargaining agreements between the Corporation and bargaining 
representatives shall be effective for not less than 2 years.
    ``(b) Procedures.--Collective-bargaining agreements between the 
Corporation and bargaining representatives recognized under section 
91105 may include procedures for resolution by the parties of 
grievances and adverse actions arising under the agreement, including 
procedures culminating in binding third-party arbitration, or the 
parties may adopt such procedures by mutual agreement in the event of a 
dispute. Such procedures shall be applicable to disputes arising under 
section 91109.
    ``(c) Limitation on Application.--Notwithstanding section 91103, 
section 7121(c) of title 5 shall not apply to this chapter.
    ``(d) Dispute Resolution Procedures.--The Corporation and 
bargaining representatives recognized under section 91105 may by mutual 
agreement adopt procedures for the resolution of disputes or impasses 
arising in the negotiation of a collective-bargaining agreement.
``Sec. 91107. Collective-bargaining dispute resolution
    ``(a) Resolution of Disputes.--
            ``(1) In general.--If, prior to 90 days after the 
        expiration of the term collective-bargaining agreement or 90 
        days after the parties begin mid-term negotiations, the 
        Corporation and the exclusive bargaining representative of the 
        employees of the Corporation (in this section referred to 
        collectively as the `parties') do not reach an agreement under 
        sections 7114(a)(1), 7114(a)(4), and 7114(b) of title 5 (as 
        such sections apply to the Corporation under this chapter), or 
        section 91106(d) of this chapter, the Corporation and the 
        bargaining representative shall use the mediation services of 
        the Service to attempt to reach such agreement in accordance 
        with part 1425 of title 29, Code of Federal Regulations (as in 
        effect on the date of enactment of this subtitle).
            ``(2) Mediation period.--The mediation period under 
        paragraph (1) may not exceed 60 days unless extended by written 
        agreement of the parties.
    ``(b) Binding Arbitration for Term Bargaining.--
            ``(1) Three member private arbitration board.--If the 
        mediation services of the Service under subsection (a)(1) do 
        not lead to the resolution of issues in controversy arising 
        from the negotiation of a term collective-bargaining agreement, 
        the parties shall submit their issues in controversy to a 
        private arbitration board consisting of 3 members.
            ``(2) Appointment of arbitration board.--
                    ``(A) Preparation of list of arbitrators.--The 
                Director of the Service shall provide for the 
                appointment of the 3 members of an arbitration board 
                by--
                            ``(i) preparing a list of not fewer than 15 
                        names of arbitrators of nationwide reputation 
                        and professional stature with at least 20 years 
                        of experience in labor-management arbitration 
                        and considerable experience in interest 
                        arbitration in major industries; and
                            ``(ii) providing the list to the parties.
                    ``(B) Selection of arbitrators by parties.--Not 
                later than 10 days after receiving a list of names 
                under subparagraph (A), the parties shall each select 
                one arbitrator. The arbitrators selected by the parties 
                do not need to be arbitrators whose names appear on the 
                list.
                    ``(C) Selection of third arbitrator.--Not later 
                than 7 days after the date on which the 2 arbitrators 
                are selected by the parties under subparagraph (B), the 
                2 arbitrators, acting jointly, shall select a third 
                person from the list prepared under subparagraph (A).
                    ``(D) Failure to act.--If either of the parties 
                fails to select a person or if the 2 arbitrators are 
                unable to agree on the third person in 7 days, the 
                parties shall make the selection by alternately 
                striking names on the list prepared under subparagraph 
                (A), beginning with the party chosen on a random basis, 
                until one arbitrator remains.
            ``(3) Framing issues in controversy.--If the parties do not 
        agree on the framing of the issues to be submitted for 
        arbitration, the arbitration board shall frame the issues.
            ``(4) Hearings.--The arbitration board shall give the 
        parties a full and fair hearing, including an opportunity to 
        present evidence and witnesses in support of their claims and 
        an opportunity to present their case in person, by counsel, or 
        by other representative as they may elect.
            ``(5) Decisions.--The arbitration board shall render its 
        written decision not later than 90 days after the date of its 
        appointment. Decisions of the arbitration board shall be 
        conclusive and binding upon the parties.
            ``(6) Evidence.--The arbitration board shall consider and 
        afford the proper weight to all of the evidence presented by 
        the parties.
            ``(7) Costs.--The parties shall share costs of the 
        arbitration equally.
    ``(c) Ratification of Agreements.--Upon reaching a voluntary 
agreement or at the conclusion of the binding arbitration under 
subsection (b), the final agreement, except for those matters decided 
by a private arbitration board, shall be--
            ``(1) subject to ratification by the exclusive bargaining 
        representative of the employees, if so requested by the 
        bargaining representative; and
            ``(2) subject to approval by the head of the Corporation in 
        accordance with section 7114(c) of title 5.
    ``(d) Mid-Term Bargaining.--
            ``(1) Preparation of list of arbitrators.--If the mediation 
        services of the Service under subsection (a) do not lead to the 
        resolution of issues in controversy arising from the 
        negotiation of a mid-term collective-bargaining agreement, the 
        Director shall provide the parties a list of not fewer than 10 
        names of arbitrators of nationwide reputation and professional 
        stature with at least 20 years of experience in labor-
        management arbitration and considerable experience in interest 
        arbitration in major industries.
            ``(2) Selection of arbitrator.--The parties shall 
        alternately strike names on the list, beginning with the party 
        chosen on a random basis, until one arbitrator remains.
            ``(3) Decision.--The arbitrator shall hold a hearing, and 
        not later than 90 days after date of the appointment of the 
        arbitrator, issue a written decision resolving the issues in 
        controversy. The decision shall be conclusive and binding upon 
        the parties.
    ``(e) Enforcement.--To enforce this section, either party may bring 
suit in the United States District Court for the District of Columbia, 
which shall hear and resolve the enforcement action on an expedited 
basis.
    ``(f) Application.--Notwithstanding section 91103(a), section 7119 
of title 5 shall not apply to this chapter.
``Sec. 91108. Potential and pending grievances, arbitrations, and 
              settlements
    ``(a) In General.--The Corporation is deemed to be the employer 
referred to in any agreement or supplement referred to in section 
91105(c) for the purpose of any arbitration proceeding or arbitration 
award. Any agreement concerning any employee that resolves a potential 
or filed grievance that is binding on the Agency shall, to the extent 
that the employee becomes an employee of the Corporation, become 
binding on the Corporation.
    ``(b) Existing Binding Agreements.--Any agreement or supplement 
referred to in section 91105(c) is binding on--
            ``(1) the Corporation as if it were the employer referred 
        to in such agreement or supplement;
            ``(2) the bargaining representative that is a party to the 
        agreement or supplement; and
            ``(3) the employees of the Corporation in the bargaining 
        unit with respect to whom that bargaining representative has 
        been certified.
    ``(c) Jurisdiction.--Subject to section 91103, the Authority shall 
retain jurisdiction over all matters arising before the date of 
transfer in relation to the interpretation and application of any 
agreement or supplement referred to in section 91105(c), whether or not 
such agreement or supplement has expired.
    ``(d) Existing Grievances or Arbitrations.--Grievances or 
arbitrations that were filed or commenced before the date of transfer 
with respect to any agreement or supplement referred to in section 
91105(c) shall be continued as though the Corporation were the employer 
referred to in the agreement or supplement.
    ``(e) Proceedings After Date of Transfer.--Where events giving rise 
to a grievance under any agreement or supplement referred to in section 
91105(c) occurred before the date of transfer but the proceedings had 
not commenced before that date, the proceedings may be commenced on or 
after the date of transfer in accordance with such agreement or 
supplement as though the Corporation were the employer referred to in 
such agreement or supplement.
    ``(f) Actions Deemed To Be by Corporation.--For the purposes of 
subsections (c), (d), and (e), anything done, or not done, by the 
Agency is deemed to have been done, or to have not been done, as the 
case may be, by the Corporation.
    ``(g) Exceptions to Arbitral Awards.--
            ``(1) In general.--Notwithstanding section 91103, section 
        7122 of title 5 shall not apply to this chapter.
            ``(2) Actions to vacate.--Either party to grievance 
        arbitration under this chapter may file an action pursuant to 
        section 91110(a) to enforce the arbitration process or to 
        vacate or enforce an arbitration award. An arbitration award 
        may only be vacated on the grounds, and pursuant to the 
        standards, that would be applicable to an action to vacate an 
        arbitration award brought in the Federal courts under section 
        301 of the Labor Management Relations Act, 1947 (29 U.S.C. 
        185).
``Sec. 91109. Prohibition on striking and other activities
    ``(a) In General.--Employees of the Corporation are prohibited 
from--
            ``(1) participating in a strike, work stoppage, or slowdown 
        against the Corporation; or
            ``(2) picketing the Corporation in a labor-management 
        dispute if such picketing interferes with the Corporation's 
        operations.
    ``(b) Termination.--An employee who participates in an activity 
described in subsection (a) shall be terminated from employment with 
the Corporation.
``Sec. 91110. Legal action
    ``(a) In General.--Consistent with the requirements of section 
90315, actions to enforce the arbitration process or vacate or enforce 
an arbitral award under section 91108(g)(2) between the Corporation and 
a labor organization representing Corporation employees, or between any 
such labor organizations, may be brought in any district court of the 
United States having jurisdiction of the parties, without respect to 
the amount in controversy.
    ``(b) Authorized Acts.--A labor organization recognized under 
section 91105 and the Corporation shall be bound by the authorized acts 
of their agents. Any labor organization may sue or be sued as an entity 
and on behalf of the employees whom it represents in the courts of the 
United States. Any money judgment against a labor organization in a 
district court of the United States shall be enforceable only against 
the organization as an entity and against its assets, and shall not be 
enforceable against any individual member or his assets.
    ``(c) Jurisdiction.--Under this subtitle, for the purposes of 
actions and proceedings by or against labor organizations in the 
district courts of the United States, district courts shall be deemed 
to have jurisdiction of a labor organization--
            ``(1) in the district in which such organization maintains 
        its principal offices; or
            ``(2) in any district in which its duly authorized officers 
        or agents are engaged in representing or acting for employee 
        members.
    ``(d) Summons or Subpoena.--The service of summons, subpoena, or 
other legal process of any court of the United States upon an officer 
or agent of a labor organization, in his capacity as such, shall 
constitute service upon the labor organization.

                      ``CHAPTER 913--OTHER MATTERS

``Sec.
``91301. Termination of Government functions.
``91302. Savings provisions.
``Sec. 91301. Termination of Government functions
    ``Except as otherwise provided in this subtitle, whenever any 
function vested by law in the Secretary, Administrator, Department of 
Transportation, or FAA has been transferred to the Corporation pursuant 
to this subtitle, it shall no longer be a function of the Government.
``Sec. 91302. Savings provisions
    ``(a) Completed Administrative Actions.--
            ``(1) In general.--Completed administrative actions of the 
        Department of Transportation or the FAA shall not be affected 
        by the enactment of this subtitle, but shall continue in effect 
        according to their terms until amended, modified, superseded, 
        terminated, set aside, or revoked in accordance with law.
            ``(2) Completed administrative action defined.--In 
        paragraph (1), the term `completed administrative action' 
        includes orders, determinations, rules, regulations, personnel 
        actions, permits, agreements, grants, contracts, certificates, 
        licenses, registrations, and privileges.
    ``(b) Continued Effectiveness of Pending Actions.--
            ``(1) Pending actions and proceedings.--The provisions of 
        this subtitle shall not affect any proceedings of the 
        Department of Transportation or the FAA pending on the date of 
        transfer, including--
                    ``(A) notices of proposed rulemaking related to 
                activities of the FAA, without regard to whether the 
                activities are transferred to the Corporation; and
                    ``(B) an application for a license, a permit, a 
                certificate, or financial assistance pending on the 
                date of transfer before the Department of 
                Transportation or the FAA, or any officer thereof, with 
                respect to activities of the Department or the FAA, 
                without regard to whether the activities are 
                transferred to the Corporation.
            ``(2) Effect of orders.--Orders issued in any proceedings 
        referred to in paragraph (1) shall continue in effect until 
        modified, terminated, superseded, or revoked in accordance with 
        law. Nothing in this subsection prohibits the discontinuance or 
        modification of any such proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this subtitle had not 
        been enacted.
    ``(c) Continued Effectiveness of Administrative and Judicial 
Actions.--No causes of action or actions by or against the Department 
of Transportation or the FAA arising from acts or omissions occurring 
before the date of transfer shall abate by reason of the enactment of 
this subtitle.
    ``(d) Substitution or Addition of Parties to Judicial Actions.--
Except as provided by subsection (e)(2), if, on the date of transfer, 
the Department of Transportation or the FAA, or any officer thereof in 
the officer's capacity, is a party to an action and, under this 
subtitle, the performance of that activity of the Department, FAA, or 
officer is transferred to the Corporation, such action shall be 
continued with the CEO substituted or added as a party.
    ``(e) Air Traffic Services Liabilities and Obligations.--
            ``(1) Assumption of obligations.--Except as provided in 
        paragraph (2), the Corporation shall assume--
                    ``(A) all obligations (tangible and incorporeal, 
                present, and executory) associated with the air traffic 
                services transferred under this subtitle on the date of 
                transfer, including leases, permits, licenses, 
                contracts, agreements, accounts receivable, and 
                accounts payable; and
                    ``(B) all claims and liabilities associated with 
                the air traffic services transferred under this 
                subtitle pending on the date of transfer.
            ``(2) Claims and actions that remain liabilities of united 
        states.--
                    ``(A) Claims and actions arising in tort.--All 
                claims and actions arising in tort pending on the date 
                of transfer and arising out of the alleged acts or 
                omissions of employees of the FAA who transfer to the 
                Corporation shall remain liabilities of the United 
                States.
                    ``(B) Contingent liabilities.--All contingent 
                liabilities existing on the date of transfer shall 
                remain with the United States, including (without 
                limitation) environmental and intellectual property 
                infringement claims.
                    ``(C) Other claims and liabilities.--All other 
                claims and liabilities arising out of the alleged acts 
                or omissions of the United States before the date of 
                transfer (including those arising under an agreement 
                referred to in section 91105(c)) whose remedy is 
                financial or monetary in nature shall remain 
                liabilities of the United States.
                    ``(D) Access of federal representatives to 
                employees and records.--The Secretary shall ensure 
                that, before the date of transfer, the Corporation has 
                agreed to allow representatives of the Secretary and 
                the Attorney General such access as they may require to 
                employees and records of the Corporation for all 
                purposes relating to the handling of such claims under 
                this paragraph.

``CHAPTER 915--CONGRESSIONAL OVERSIGHT OF AIR TRAFFIC SERVICES PROVIDER

``Sec.
``91501. Inspector General reports to Congress on transition.
``91502. State of air traffic services.
``91503. Submission of annual financial report.
``91504. Submission of strategic plan.
``91505. Submission of annual action plan.
``Sec. 91501. Inspector General reports to Congress on transition
    ``(a) In General.--Before the date of transfer, the Inspector 
General of the Department of Transportation shall submit regular 
reports to Congress on the progress of the preparation of the 
Department of Transportation and of the Corporation for the transfer of 
operational control of air traffic services under this subtitle.
    ``(b) Timing.--The reports described in subsection (a) shall be 
submitted, at a minimum, on a quarterly basis until the date of 
transfer.
    ``(c) Sunset.--This section shall expire on the date of transfer.
    ``(d) Statutory Construction.--Nothing in this section may be 
construed to limit the authority of the Inspector General of the 
Department of Transportation to conduct oversight of the Department of 
Transportation's interactions with the Corporation after the date of 
transfer.
``Sec. 91502. State of air traffic services
    ``(a) Report.--Not later than 2 years after the date of transfer, 
and on or before March 31 of every second year beginning thereafter--
            ``(1) the Corporation shall submit to the Secretary a 
        report on the state of air traffic services; and
            ``(2) the Secretary shall submit the report to Congress.
    ``(b) Contents.--The report shall include, as appropriate, 
information on--
            ``(1) access to airports and services for all users, 
        including access with respect to rural areas;
            ``(2) charges and fees, safety, and areas in which the 
        Corporation has identified efficiencies in the system, 
        including staffing and facilities realignment or consolidation;
            ``(3) the safe, fair, and timely provision of air traffic 
        services by the Corporation;
            ``(4) the sound operation of the Corporation and the impact 
        of any activities of the Corporation on United States airspace;
            ``(5) the cooperation and interaction of the Corporation 
        with the Department of Defense, the Department of 
        Transportation, the FAA, and other Federal departments and 
        agencies, including any agreements between the Corporation and 
        those departments and agencies;
            ``(6) compliance of the Corporation with United States 
        obligations under international treaties and agreements;
            ``(7) compliance of the Corporation with Federal safety, 
        environmental, corporate, and tax laws and regulations;
            ``(8) compliance of the Corporation with Federal laws 
        related to employees of the Corporation;
            ``(9) follow-up on Inspector General and Government 
        Accountability Office audits, investigations, and reports 
        involving the Corporation, including any recommendations 
        included in such reports;
            ``(10) compliance of the Corporation with other Federal 
        requirements, including requirements relating to public 
        disclosure, publication of fees, annual reporting, and 
        establishment of the Advisory Board and other committees;
            ``(11) actions and activities of the CEO and Board and 
        their adherence to their duties and responsibilities;
            ``(12) compliance of the Corporation with requirements 
        related to rural, remote, and small community air traffic 
        services;
            ``(13) compliance of the Corporation with requirements 
        related to claims of incorrect fees and resolution of fee 
        disputes;
            ``(14) compliance of the Corporation with requirements to 
        report safety violations to the FAA, cooperate with FAA 
        investigations, and assist in FAA enforcement actions;
            ``(15) actions in times of emergencies and times of war;
            ``(16) progress made by the Corporation in implementing 
        system modernization efforts and ongoing capital investments, 
        plans of the Corporation for next steps in implementing such 
        efforts and investments, current efficiencies and benefits of 
        previously implemented systems improvements, and current needs 
        for improvement; and
            ``(17) such other matters as the Secretary, in consultation 
        with the Administrator, determines appropriate.
``Sec. 91503. Submission of annual financial report
    ``(a) Annual Financial Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        transfer, and annually thereafter, the Corporation shall 
        publish a report on the activities of the Corporation during 
        the prior year.
            ``(2) Contents; availability.--The annual report shall 
        contain financial and operational performance information 
        regarding the Corporation, as well as information on the 
        compensation (including bonuses and other financial incentives) 
        of each Director, the CEO, and officers of the Corporation, and 
        shall be made publicly available.
            ``(3) Propriety information.--The Corporation shall ensure 
        that any propriety information that may be contained in the 
        annual report is not made public.
    ``(b) Submission.--Each year, on the date the annual report 
required pursuant to subsection (a) is published--
            ``(1) the Corporation shall submit the report to the 
        Secretary; and
            ``(2) the Secretary shall submit the report to Congress.
``Sec. 91504. Submission of strategic plan
    ``(a) Submission of Strategic Plan.--Not later than 15 days after 
the initial strategic plan is approved by the Board pursuant to section 
90308(c)--
            ``(1) the Corporation shall submit the strategic plan to 
        the Secretary; and
            ``(2) the Secretary shall submit the strategic plan to 
        Congress.
    ``(b) Updates to Strategic Plan.--Not later than 15 days after an 
update to the strategic plan is approved by the Board pursuant to 
section 90308(c)--
            ``(1) the Corporation shall submit the updated strategic 
        plan to the Secretary; and
            ``(2) the Secretary shall submit the updated strategic plan 
        to Congress.
``Sec. 91505. Submission of annual action plan
    ``(a) In General.--The Corporation shall develop an annual report 
on the goals of the Corporation for the following year.
    ``(b) Contents.--The report shall contain goals for the Corporation 
to meet that are specific, tangible, and actionable, in order to 
expedite improvements to, and maintain the integrity of, air traffic 
services provided by the Corporation.
    ``(c) Submission.--Not later than 1 year after the date of 
transfer, and annually thereafter--
            ``(1) the Corporation shall submit the report to the 
        Secretary; and
            ``(2) the Secretary shall submit the report to Congress.
    ``(d) Public Availability.--The Corporation shall publish, and make 
available to the public, each report submitted to the Secretary under 
subsection (c).
    ``(e) Proprietary Information.--In carrying out this section, the 
Corporation may take necessary actions to prevent the public disclosure 
of proprietary information.''.
    (b) Analysis for Title 49.--The analysis for title 49, United 
States Code, is amended by adding at the end the following:

``XI. American Air Navigation Services Corporation..........   90101''.

            Subtitle B--Amendments to Federal Aviation Laws

SEC. 221. DEFINITIONS.

    Section 40102(a) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(48) `American Air Navigation Services Corporation' means 
        the American Air Navigation Services Corporation established by 
        subtitle XI.''.

SEC. 222. SUNSET OF FAA AIR TRAFFIC ENTITIES AND OFFICERS.

    (a) Air Traffic Services Committee.--Section 106(p) of title 49, 
United States Code, is amended--
            (1) in paragraph (7) by adding at the end the following:
                    ``(I) Sunset.--The Committee shall terminate and 
                this paragraph shall cease to be effective beginning on 
                the date of transfer (as defined in section 
                90101(a)).''; and
            (2) by adding at the end the following:
            ``(9) Sunset of air traffic advisory role.--Beginning on 
        the date of transfer (as defined in section 90101(a)), the 
        Council shall not develop or submit comments, recommended 
        modifications, or dissenting views directly regarding the 
        American Air Navigation Services Corporation or air traffic 
        services.''.
    (b) Chief Operating Officer.--Section 106(r) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(6) Sunset.--The position of Chief Operating Officer 
        shall terminate and this subsection shall cease to be effective 
        beginning on the date of transfer (as defined in section 
        90101(a)).''.
    (c) Chief NextGen Officer.--Section 106(s) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(8) Sunset.--The position of Chief NextGen Officer shall 
        terminate and this subsection shall cease to be effective 
        beginning on the date of transfer (as defined in section 
        90101(a)).''.

SEC. 223. ROLE OF ADMINISTRATOR.

    Section 40103(b) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``The Administrator'' each 
        place it appears and inserting ``Before the date of transfer 
        (as defined in section 90101(a)), the Administrator'';
            (2) by striking paragraph (2) and inserting the following:
    ``(2) The Administrator shall--
            ``(A) before the date of transfer (as defined in section 
        90101(a)), prescribe air traffic regulations on the flight of 
        aircraft (including regulations on safe altitudes) for--
                    ``(i) navigating, protecting, and identifying 
                aircraft;
                    ``(ii) protecting individuals and property on the 
                ground;
                    ``(iii) using the navigable airspace efficiently; 
                and
                    ``(iv) preventing collisions between aircraft, 
                between aircraft and land or water vehicles, and 
                between aircraft and airborne objects; and
            ``(B) on and after the date of transfer (as defined in 
        section 90101(a)), prescribe safety regulations on the flight 
        of aircraft (including regulations on safe altitudes) for--
                    ``(i) navigating, protecting, and identifying 
                aircraft;
                    ``(ii) protecting individuals and property on the 
                ground;
                    ``(iii) ensuring equitable access to and use of 
                airspace; and
                    ``(iv) preventing collisions between aircraft, 
                between aircraft and land or water vehicles, and 
                between aircraft and airborne objects.''; and
            (3) in paragraph (3) by striking ``Administrator'' each 
        place it appears and inserting ``Secretary''.

SEC. 224. EMERGENCY POWERS.

    Section 40106(a) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking ``air 
        traffic'';
            (2) in paragraph (1) by inserting ``and the American Air 
        Navigation Services Corporation'' after ``Administration''; and
            (3) in paragraph (2) by inserting ``and the American Air 
        Navigation Services Corporation'' after ``Administrator''.

SEC. 225. PRESIDENTIAL TRANSFERS IN TIME OF WAR.

    Section 40107(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) During War.--If war occurs, the President by Executive order 
may temporarily transfer to the Secretary of Defense a duty, power, 
activity, or facility of the Administrator or the American Air 
Navigation Services Corporation. In making the transfer, the President 
may temporarily transfer records, property, officers, and employees of 
the Administration or the American Air Navigation Services Corporation 
to the Department of Defense.''.

SEC. 226. AIRWAY CAPITAL INVESTMENT PLAN BEFORE DATE OF TRANSFER.

    Section 44501(b) of title 49, United States Code, is amended--
            (1) in the first sentence by striking ``The Administrator'' 
        and inserting ``Before the date of transfer (as defined in 
        section 90101(a)), the Administrator'';
            (2) in paragraph (4)(B) by striking ``and'' at the end;
            (3) in paragraph (5) by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(6) for fiscal years 2017 through 2020, a process under 
        which the Administrator shall continue to comply with the 
        requirements of this section before the date of transfer (as 
        defined in section 90101(a)).''.

SEC. 227. AVIATION FACILITIES BEFORE DATE OF TRANSFER.

    (a) General Authority.--Section 44502(a) of title 49, United States 
Code, is amended--
            (1) in paragraph (1) by striking ``The Administrator of the 
        Federal Aviation Administration may'' and inserting ``Before 
        the date of transfer (as defined in section 90101(a)), the 
        Secretary of Transportation may'';
            (2) in paragraph (2) by striking ``The cost'' and inserting 
        ``Before the date of transfer (as defined in section 90101(a)), 
        the cost'';
            (3) in paragraph (3) by striking ``The Secretary'' and 
        inserting ``Before the date of transfer (as defined in section 
        90101(a)), the Secretary'';
            (4) by striking paragraph (4);
            (5) by redesignating paragraph (5) as paragraph (4); and
            (6) in paragraph (4) (as so redesignated) by striking ``The 
        Administrator'' and inserting ``Before the date of transfer (as 
        defined in section 90101(a)), the Secretary of 
        Transportation''.
    (b) Certification of Necessity.--Section 44502(b) of title 49, 
United States Code, is amended--
            (1) by striking ``Except'' and inserting ``Before the date 
        of transfer (as defined in section 90101(a)), except''; and
            (2) by striking ``the Administrator of the Federal Aviation 
        Administration'' and inserting ``the Secretary of 
        Transportation''.
    (c) Ensuring Conformity With Plans and Policies.--Section 44502(c) 
of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Administrator of the Federal 
                Aviation Administration'' the second, third, and fourth 
                places it appears and inserting ``Secretary of 
                Transportation'';
                    (B) by striking ``by the Administrator of the 
                Federal Aviation Administration under section 
                40103(b)(1) of this title''; and
                    (C) by striking ``Congress'' and inserting 
                ``Congress, the American Air Navigation Services 
                Corporation,''; and
            (2) in paragraph (2)--
                    (A) by striking ``Administrator of the Federal 
                Aviation Administration'' and inserting ``Secretary of 
                Transportation''; and
                    (B) by striking ``that the Administrator'' and 
                inserting ``that the Secretary''.
    (d) Transfers of Instrument Landing Systems.--Section 44502(e) of 
title 49, United States Code, is amended by striking ``An airport may 
transfer'' and inserting ``Before the date of transfer (as defined in 
section 90101(a)), an airport may transfer''.

SEC. 228. JUDICIAL REVIEW.

    Section 46110(a) of title 49, United States Code, is amended by 
striking ``or subsection (l) or (s) of section 114'' and inserting 
``subsection (l) or (s) of section 114, or section 90501''.

SEC. 229. CIVIL PENALTIES.

    Section 46301(a)(1)(A) of title 49, United States Code, is amended 
by striking ``or section 47133'' and inserting ``section 47133, or 
section 90501(b)(3)''.

                       Subtitle C--Other Matters

SEC. 241. USE OF FEDERAL TECHNICAL FACILITIES.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall make Administration technical facilities available 
to the American Air Navigation Services Corporation for air traffic 
control research and development projects.
    (b) Cooperative Agreement.--
            (1) In general.--To ensure the safe transition of air 
        traffic services, not later than 180 days prior to the date of 
        transfer (as defined in section 90101(a) of title 49, United 
        States Code, as added by this Act), the Administrator shall 
        enter into an agreement with the American Air Navigation 
        Services Corporation, for a period of not less than 5 years, 
        concerning services that could be provided at the Federal 
        Aviation Administration technical center, including the 
        integrated air traffic control laboratories.
            (2) Services defined.--In this subsection, the term 
        ``services'' includes--
                    (A) activities associated with the approval of a 
                safety management system under chapter 905 of title 49, 
                United States Code, as added by this Act; and
                    (B) any other activity the Secretary considers 
                necessary to promote safety in air traffic services, 
                including verification of the safety functions of new 
                air traffic control technologies.
    (c) Statutory Construction.--Nothing in this title, or the 
amendments made by this title, may be construed to limit the safety 
regulatory authority of the Department of Transportation, including the 
research and development functions of the Department.
    (d) Safety.--Before the date of transfer (as defined by section 
90101(a) of title 49, United States Code, as added by this Act) all 
operational testing and integration of air traffic control systems 
conducted by the Administration shall continue.

SEC. 242. ENSURING PROGRESS ON NEXTGEN PRIORITIES BEFORE DATE OF 
              TRANSFER.

    (a) Near-Term NextGen Priorities.--Prior to the date of transfer 
(as defined by section 90101(a) of title 49, United States Code, as 
added by this Act), the Administrator of the Federal Aviation 
Administration, in consultation with the NextGen Advisory Committee, 
shall prioritize the implementation of the following programs:
            (1) Multiple runway operations.
            (2) Performance-based navigation.
            (3) Surface operations and data sharing.
            (4) Data communications.
    (b) Near-Term NextGen Performance Goals.--
            (1) In general.--The Administrator, in consultation with 
        the NextGen Advisory Committee, shall establish quantifiable 
        near-term NextGen performance goals for each of the programs 
        prioritized under subsection (a).
            (2) Tracking.--The Administrator shall track the 
        performance goals in a publicly available and transparent 
        manner.
            (3) Measuring benefits.--The Administrator shall establish 
        the performance goals in a manner that allows Congress, 
        stakeholders, and the public to clearly measure the delivery of 
        NextGen benefits between 2018 and 2020, including with respect 
        to--
                    (A) increasing safety;
                    (B) reducing aviation's impact on the environment;
                    (C) enhancing controller productivity; and
                    (D) increasing predictability, airspace capacity, 
                and efficiency.
    (c) NextGen Metrics Report.--Section 106(s)(5) of title 49, United 
States Code, is amended by adding at the end the following:
                    ``(I) Developing, as part of the annual report 
                required under paragraph (4), a description of the 
                progress made in meeting the near-term NextGen 
                performance goals required pursuant to section 242 of 
                the 21st Century AIRR Act and delivering near-term 
                NextGen benefits.''.
    (d) Chief NextGen Officer Responsibility for Meeting Near-Term 
NextGen Goals.--Section 106(s)(3) of title 49, United States Code, is 
amended by adding at the end the following: ``In evaluating the 
performance of the Chief NextGen Officer, the Administrator shall 
consider the progress made in meeting the near-term NextGen performance 
goals required pursuant to section 242 of the 21st Century AIRR Act and 
delivering near-term NextGen benefits.''.

SEC. 243. SEVERABILITY.

    If a provision of this title (including any amendment made by this 
title) or its application to any person or circumstance is held 
invalid, neither the remainder of this title nor the application of the 
provision to other persons or circumstances shall be affected.

SEC. 244. PROHIBITION ON RECEIPT OF FEDERAL FUNDS.

    Notwithstanding any other provision of law, the Corporation 
established under section 90301 of title 49, United States Code, as 
added by this Act, may not accept or receive any funds from the 
uncommitted balance of the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502).

               TITLE III--FAA SAFETY CERTIFICATION REFORM

                     Subtitle A--General Provisions

SEC. 301. DEFINITIONS.

    In this title, the following definitions apply:
            (1) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (2) Safety oversight and certification advisory 
        committee.--The term ``Safety Oversight and Certification 
        Advisory Committee'' means the Safety Oversight and 
        Certification Advisory Committee established under section 302.
            (3) Systems safety approach.--The term ``systems safety 
        approach'' means the application of specialized technical and 
        managerial skills to the systematic, forward-looking 
        identification and control of hazards throughout the lifecycle 
        of a project, program, or activity.

SEC. 302. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY COMMITTEE.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a Safety 
Oversight and Certification Advisory Committee (in this section 
referred to as the ``Advisory Committee'').
    (b) Duties.--The Advisory Committee shall provide advice to the 
Secretary on policy-level issues facing the aviation community that are 
related to FAA certification and safety oversight programs and 
activities, including, at a minimum, the following:
            (1) Aircraft and flight standards certification processes, 
        including efforts to streamline those processes.
            (2) Implementation and oversight of safety management 
        systems.
            (3) Risk-based oversight efforts.
            (4) Utilization of delegation and designation authorities.
            (5) Regulatory interpretation standardization efforts.
            (6) Training programs.
            (7) Expediting the rulemaking process and giving priority 
        to rules related to safety.
    (c) Functions.--The Advisory Committee shall carry out the 
following functions (as the functions relate to FAA certification and 
safety oversight programs and activities):
            (1) Foster industry collaboration in an open and 
        transparent manner.
            (2) Consult with, and ensure participation by--
                    (A) the private sector, including representatives 
                of--
                            (i) general aviation;
                            (ii) commercial aviation;
                            (iii) aviation labor;
                            (iv) aviation maintenance;
                            (v) aviation, aerospace, and avionics 
                        manufacturing;
                            (vi) unmanned aircraft systems operators 
                        and manufacturers; and
                            (vii) the commercial space transportation 
                        industry;
                    (B) members of the public; and
                    (C) other interested parties.
            (3) Establish consensus national goals, strategic 
        objectives, and priorities for the most efficient, streamlined, 
        and cost-effective certification and oversight processes in 
        order to maintain the safety of the aviation system and, at the 
        same time, allow the FAA to meet future needs and ensure that 
        aviation stakeholders remain competitive in the global 
        marketplace.
            (4) Provide policy guidance for the FAA's certification and 
        safety oversight efforts.
            (5) Provide ongoing policy reviews of the FAA's 
        certification and safety oversight efforts.
            (6) Make appropriate legislative, regulatory, and guidance 
        recommendations for the air transportation system and the 
        aviation safety regulatory environment.
            (7) Establish performance objectives for the FAA and 
        industry.
            (8) Establish performance metrics and goals for the FAA and 
        the regulated aviation industry to be tracked and reviewed as 
        streamlining and certification reform and regulation 
        standardization efforts progress.
            (9) Provide a venue for tracking progress toward national 
        goals and sustaining joint commitments.
            (10) Develop recruiting, hiring, training, and continuing 
        education objectives for FAA aviation safety engineers and 
        aviation safety inspectors.
            (11) Provide advice and recommendations to the FAA on how 
        to prioritize safety rulemaking projects.
            (12) Improve the development of FAA regulations by 
        providing information, advice, and recommendations related to 
        aviation issues.
            (13) Facilitate the validation of United States products 
        abroad.
    (d) Membership.--
            (1) In general.--The Advisory Committee shall be composed 
        of the following members:
                    (A) The Administrator of the FAA (or the 
                Administrator's designee).
                    (B) Individuals appointed by the Secretary to 
                represent the following interests:
                            (i) Aircraft and engine manufacturers.
                            (ii) Avionics and equipment manufacturers.
                            (iii) Labor organizations, including 
                        collective bargaining representatives of FAA 
                        aviation safety inspectors and aviation safety 
                        engineers.
                            (iv) General aviation operators.
                            (v) Air carriers.
                            (vi) Business aviation operators.
                            (vii) Unmanned aircraft systems 
                        manufacturers and operators.
                            (viii) Aviation safety management 
                        expertise.
                            (ix) Aviation maintenance.
            (2) Nonvoting members.--
                    (A) In general.--In addition to the members 
                appointed under paragraph (1), the Advisory Committee 
                shall be composed of nonvoting members appointed by the 
                Secretary from among individuals representing FAA 
                safety oversight program offices.
                    (B) Duties.--The nonvoting members shall--
                            (i) take part in deliberations of the 
                        Advisory Committee; and
                            (ii) provide input with respect to any 
                        final reports or recommendations of the 
                        Advisory Committee.
                    (C) Limitation.--The nonvoting members may not 
                represent any stakeholder interest other than FAA 
                safety oversight program offices.
            (3) Terms.--Each member and nonvoting member of the 
        Advisory Committee appointed by the Secretary shall be 
        appointed for a term of 2 years.
            (4) Committee characteristics.--The Advisory Committee 
        shall have the following characteristics:
                    (A) An executive-level membership, with members who 
                can represent and enter into commitments for their 
                organizations.
                    (B) The ability to obtain necessary information 
                from experts in the aviation and aerospace communities.
                    (C) A membership size that enables the Committee to 
                have substantive discussions and reach consensus on 
                issues in a timely manner.
                    (D) Appropriate expertise, including expertise in 
                certification and risked-based safety oversight 
                processes, operations, policy, technology, labor 
                relations, training, and finance.
            (5) Limitation on statutory construction.--Public Law 104-
        65 (2 U.S.C. 1601 et seq.) may not be construed to prohibit or 
        otherwise limit the appointment of any individual as a member 
        of the Advisory Committee.
    (e) Chairperson.--
            (1) In general.--The Chairperson of the Advisory Committee 
        shall be appointed by the Secretary from among those members of 
        the Advisory Committee that are executive-level members of the 
        aviation industry.
            (2) Term.--Each member appointed under paragraph (1) shall 
        serve a term of 1 year as Chairperson.
    (f) Meetings.--
            (1) Frequency.--The Advisory Committee shall meet at least 
        twice each year at the call of the Chairperson.
            (2) Public attendance.--The meetings of the Advisory 
        Committee shall be open to the public.
    (g) Special Committees.--
            (1) Establishment.--The Advisory Committee may establish 
        special committees composed of private sector representatives, 
        members of the public, labor representatives, and other 
        interested parties in complying with consultation and 
        participation requirements under this section.
            (2) Rulemaking advice.--A special committee established by 
        the Advisory Committee may--
                    (A) provide rulemaking advice and recommendations 
                to the Administrator with respect to aviation-related 
                issues;
                    (B) afford the FAA additional opportunities to 
                obtain firsthand information and insight from those 
                parties that are most affected by existing and proposed 
                regulations; and
                    (C) expedite the development, revision, or 
                elimination of rules without circumventing public 
                rulemaking processes and procedures.
            (3) Applicable law.--Public Law 92-463 shall not apply to a 
        special committee established by the Advisory Committee.
    (h) Sunset.--The Advisory Committee shall terminate on the last day 
of the 6-year period beginning on the date of the initial appointment 
of the members of the Advisory Committee.
    (i) Termination of Air Traffic Procedures Advisory Committee.--The 
Air Traffic Procedures Advisory Committee established by the FAA shall 
terminate on the date of the initial appointment of the members of the 
Advisory Committee.

               Subtitle B--Aircraft Certification Reform

SEC. 311. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND METRICS.

    (a) In General.--Not later than 120 days after the date on which 
the Safety Oversight and Certification Advisory Committee is 
established under section 302, the Administrator of the FAA shall 
establish performance objectives and apply and track metrics for the 
FAA and the aviation industry relating to aircraft certification in 
accordance with this section.
    (b) Collaboration.--The Administrator shall carry out this section 
in collaboration with the Safety Oversight and Certification Advisory 
Committee.
    (c) Performance Objectives.--In carrying out subsection (a), the 
Administrator shall establish performance objectives for the FAA and 
the aviation industry to ensure that, with respect to aircraft 
certification, progress is made toward, at a minimum--
            (1) eliminating certification delays and improving cycle 
        times;
            (2) increasing accountability for both FAA and industry 
        entities;
            (3) achieving full utilization of FAA delegation and 
        designation authorities;
            (4) fully implementing risk management principles and a 
        systems safety approach;
            (5) reducing duplication of effort;
            (6) increasing transparency;
            (7) establishing and providing training, including 
        recurrent training, in auditing and a systems safety approach 
        to certification oversight;
            (8) improving the process for approving or accepting 
        certification actions between the FAA and bilateral partners;
            (9) maintaining and improving safety;
            (10) streamlining the hiring process for--
                    (A) qualified systems safety engineers to support 
                FAA efforts to implement a systems safety approach; and
                    (B) qualified systems engineers to guide the 
                engineering of complex systems within the FAA; and
            (11) maintaining the leadership of the United States in 
        international aviation and aerospace.
    (d) Performance Metrics.--In carrying out subsection (a), the 
Administrator shall apply and track performance metrics for the FAA and 
the regulated aviation industry established by the Safety Oversight and 
Certification Advisory Committee.
    (e) Data Generation.--
            (1) Baselines.--Not later than 1 year after the date on 
        which the Safety Oversight and Certification Advisory Committee 
        establishes initial performance metrics for the FAA and the 
        regulated aviation industry under section 302, the 
        Administrator shall generate initial data with respect to each 
        of the metrics applied and tracked under this section.
            (2) Measuring progress toward goals.--The Administrator 
        shall use the metrics applied and tracked under this section to 
        generate data on an ongoing basis and to measure progress 
        toward the achievement of national goals established by the 
        Safety Oversight and Certification Advisory Committee.
    (f) Publication.--The Administrator shall make data generated using 
the metrics applied and tracked under this section available to the 
public in a searchable, sortable, and downloadable format through the 
internet website of the FAA and other appropriate methods and shall 
ensure that the data is made available in a manner that--
            (1) does not provide identifying information regarding an 
        individual or entity; and
            (2) protects proprietary information.

SEC. 312. ORGANIZATION DESIGNATION AUTHORIZATIONS.

    (a) In General.--Chapter 447 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 44736. Organization designation authorizations
    ``(a) Delegations of Functions.--
            ``(1) In general.--Except as provided in paragraph (3), 
        when overseeing an ODA holder, the Administrator of the FAA 
        shall--
                    ``(A) require, based on an application submitted by 
                the ODA holder and approved by the Administrator (or 
                the Administrator's designee), a procedures manual that 
                addresses all procedures and limitations regarding the 
                functions to be performed by the ODA holder;
                    ``(B) delegate fully to the ODA holder each of the 
                functions to be performed as specified in the 
                procedures manual, unless the Administrator determines, 
                after the date of the delegation and as a result of an 
                inspection or other investigation, that the public 
                interest and safety of air commerce requires a 
                limitation with respect to 1 or more of the functions; 
                and
                    ``(C) conduct regular oversight activities by 
                inspecting the ODA holder's delegated functions and 
                taking action based on validated inspection findings.
            ``(2) Duties of oda holders.--An ODA holder shall--
                    ``(A) perform each function delegated to the ODA 
                holder in accordance with the approved procedures 
                manual for the delegation;
                    ``(B) make the procedures manual available to each 
                member of the appropriate ODA unit; and
                    ``(C) cooperate fully with oversight activities 
                conducted by the Administrator in connection with the 
                delegation.
            ``(3) Existing oda holders.--With regard to an ODA holder 
        operating under a procedures manual approved by the 
        Administrator before the date of enactment of this section, the 
        Administrator shall--
                    ``(A) at the request of the ODA holder and in an 
                expeditious manner, approve revisions to the ODA 
                holder's procedures manual;
                    ``(B) delegate fully to the ODA holder each of the 
                functions to be performed as specified in the 
                procedures manual, unless the Administrator determines, 
                after the date of the delegation and as a result of an 
                inspection or other investigation, that the public 
                interest and safety of air commerce requires a 
                limitation with respect to one or more of the 
                functions; and
                    ``(C) conduct regular oversight activities by 
                inspecting the ODA holder delegated functions and 
                taking action based on validated inspection findings.
    ``(b) ODA Office.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this section, the Administrator of the FAA 
        shall identify, within the FAA Office of Aviation Safety, a 
        centralized policy office to be known as the Organization 
        Designation Authorization Office or the ODA Office.
            ``(2) Purpose.--The purpose of the ODA Office shall be to 
        oversee and ensure the consistency of the FAA's audit functions 
        under the ODA program across the FAA.
            ``(3) Functions.--The ODA Office shall--
                    ``(A) improve performance and ensure full 
                utilization of the authorities delegated under the ODA 
                program;
                    ``(B) create a more consistent approach to audit 
                priorities, procedures, and training under the ODA 
                program;
                    ``(C) review, in a timely fashion, a random sample 
                of limitations on delegated authorities under the ODA 
                program to determine if the limitations are 
                appropriate;
                    ``(D) ensure national consistency in the 
                interpretation and application of the requirements of 
                the ODA program, including any limitations, and in the 
                performance of the ODA program; and
                    ``(E) at the request of an ODA holder, review and 
                approve new limitations to ODA functions.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) FAA.--The term `FAA' means the Federal Aviation 
        Administration.
            ``(2) ODA holder.--The term `ODA holder' means an entity 
        authorized to perform functions pursuant to a delegation made 
        by the Administrator of the FAA under section 44702(d).
            ``(3) ODA unit.--The term ``ODA unit'' means a group of 2 
        or more individuals who perform, under the supervision of an 
        ODA holder, authorized functions under an ODA.
            ``(4) Organization.--The term ``organization'' means a 
        firm, partnership, corporation, company, association, joint-
        stock association, or governmental entity.
            ``(5) Organization designation authorization; oda.--The 
        term `Organization Designation Authorization' or `ODA' means an 
        authorization by the FAA under section 44702(d) for an 
        organization comprised of 1 or more ODA units to perform 
        approved functions on behalf of the FAA.''.
    (b) Clerical Amendment.--The analysis for chapter 447 of title 49, 
United States Code, is amended by adding at the end the following:

``44736. Organization designation authorizations.''.

SEC. 313. ODA REVIEW.

    (a) Establishment of Expert Review Panel.--
            (1) Expert panel.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator of the FAA shall 
        convene a multidisciplinary expert review panel (in this 
        section referred to as the ``Panel'').
            (2) Composition of panel.--
                    (A) Appointment of members.--The Panel shall be 
                composed of not more than 20 members appointed by the 
                Administrator.
                    (B) Qualifications.--The members appointed to the 
                Panel shall--
                            (i) each have a minimum of 5 years of 
                        experience in processes and procedures under 
                        the ODA program; and
                            (ii) represent, at a minimum, ODA holders, 
                        aviation manufacturers, safety experts, and FAA 
                        labor organizations, including labor 
                        representatives of FAA aviation safety 
                        inspectors and aviation safety engineers.
    (b) Survey.--The Panel shall conduct a survey of ODA holders and 
ODA program applicants to document and assess FAA certification and 
oversight activities, including use of the ODA program and the 
timeliness and efficiency of the certification process.
    (c) Assessment and Recommendations.--The Panel shall assess and 
make recommendations concerning--
            (1) the FAA's processes and procedures under the ODA 
        program and whether the processes and procedures function as 
        intended;
            (2) the best practices of and lessons learned by ODA 
        holders and individuals who provide oversight of ODA holders;
            (3) performance incentive policies related to the ODA 
        program for FAA personnel;
            (4) training activities related to the ODA program for FAA 
        personnel and ODA holders;
            (5) the impact, if any, that oversight of the ODA program 
        has on FAA resources and the FAA's ability to process 
        applications for certifications outside of the ODA program; and
            (6) the results of the survey conducted under subsection 
        (b).
    (d) Report.--Not later than 180 days after the date the Panel is 
convened under subsection (a), the Panel shall submit to the 
Administrator, the Safety Oversight and Certification Advisory 
Committee, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings and 
recommendations of the Panel.
    (e) Definitions.--The definitions contained in section 44736 of 
title 49, United States Code, as added by this Act, apply to this 
section.
    (f) Applicable Law.--Public Law 92-463 shall not apply to the 
Panel.
    (g) Sunset.--The Panel shall terminate on the date of submission of 
the report under subsection (d), or on the date that is 1 year after 
the Panel is convened under subsection (a), whichever occurs first.

SEC. 314. TYPE CERTIFICATION RESOLUTION PROCESS.

    (a) In General.--Section 44704(a) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(6) Type certification resolution process.--
                    ``(A) In general.--Not later than 15 months after 
                the date of enactment of this paragraph, the 
                Administrator shall establish an effective, timely, and 
                milestone-based issue resolution process for type 
                certification activities under this subsection.
                    ``(B) Process requirements.--The resolution process 
                shall provide for--
                            ``(i) resolution of technical issues at 
                        pre-established stages of the certification 
                        process, as agreed to by the Administrator and 
                        the type certificate applicant;
                            ``(ii) automatic elevation to appropriate 
                        management personnel of the Federal Aviation 
                        Administration and the type certificate 
                        applicant of any major certification process 
                        milestone that is not completed or resolved 
                        within a specific period of time agreed to by 
                        the Administrator and the type certificate 
                        applicant; and
                            ``(iii) resolution of a major certification 
                        process milestone elevated pursuant to clause 
                        (ii) within a specific period of time agreed to 
                        by the Administrator and the type certificate 
                        applicant.
                    ``(C) Major certification process milestone 
                defined.--In this paragraph, the term `major 
                certification process milestone' means a milestone 
                related to a type certification basis, type 
                certification plan, type inspection authorization, 
                issue paper, or other major type certification activity 
                agreed to by the Administrator and the type certificate 
                applicant.''.
    (b) Technical Amendment.--Section 44704 of title 49, United States 
Code, is amended in the section heading by striking ``airworthiness 
certificates,,'' and inserting ``airworthiness certificates,''.

SEC. 315. SAFETY ENHANCING EQUIPMENT AND SYSTEMS FOR SMALL GENERAL 
              AVIATION AIRPLANES.

    (a) Policy.--Not later than 180 days after the date of enactment of 
this Act, the Administrator of the FAA shall establish and begin 
implementation of a risk-based policy that streamlines the installation 
of safety enhancing equipment and systems for small general aviation 
airplanes in a manner that reduces regulatory delays and significantly 
improves safety.
    (b) Inclusion of Certain Equipment and Systems.--The safety 
enhancing equipment and systems for small general aviation airplanes 
referred to in subsection (a) shall include, at a minimum, the 
replacement or retrofit of primary flight displays, auto pilots, engine 
monitors, and navigation equipment.
    (c) Collaboration.--In carrying out this section, the Administrator 
shall collaborate with general aviation operators, general aviation 
manufacturers, and appropriate FAA labor groups, including 
representatives of FAA aviation safety inspectors and aviation safety 
engineers certified under section 7111 of title 5, United States Code.
    (d) Small General Aviation Airplane Defined.--In this section, the 
term ``small general aviation airplane'' means an airplane that--
            (1) is certified to the standards of part 23 of title 14, 
        Code of Federal Regulations;
            (2) has a seating capacity of fewer than 9 passengers; and
            (3) is not used in scheduled passenger-carrying operations 
        under part 121 or 135 of title 14, Code of Federal Regulations.

SEC. 316. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL AVIATION 
              AIRPLANES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Inspector General of the Department of Transportation 
shall initiate a review of the Federal Aviation Administration's 
implementation of the final rule titled ``Revision of Airworthiness 
Standards for Normal, Utility, Acrobatic, and Commuter Category 
Airplanes'' (81 Fed. Reg. 96572).
    (b) Considerations.--In carrying out the review, the Inspector 
General shall assess--
            (1) how the rule puts into practice the Administration's 
        efforts to implement performance and risk-based safety 
        standards;
            (2) whether the Administration's implementation of the rule 
        has improved safety and reduced the regulatory cost burden for 
        the Administration and the aviation industry; and
            (3) if there are lessons learned from, and best practices 
        developed as a result of, the rule that could be applied to 
        airworthiness standards for other categories of aircraft.
    (c) Report.--Not later than 180 days after the date of initiation 
of the review, the Inspector General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review, including findings and 
recommendations.

                  Subtitle C--Flight Standards Reform

SEC. 331. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND METRICS.

    (a) In General.--Not later than 120 days after the date on which 
the Safety Oversight and Certification Advisory Committee is 
established under section 302, the Administrator of the FAA shall 
establish performance objectives and apply and track metrics for the 
FAA and the aviation industry relating to flight standards activities 
in accordance with this section.
    (b) Collaboration.--The Administrator shall carry out this section 
in collaboration with the Safety Oversight and Certification Advisory 
Committee.
    (c) Performance Objectives.--In carrying out subsection (a), the 
Administrator shall establish performance objectives for the FAA and 
the aviation industry to ensure that, with respect to flight standards 
activities, progress is made toward, at a minimum--
            (1) eliminating delays with respect to such activities;
            (2) increasing accountability for both FAA and industry 
        entities;
            (3) achieving full utilization of FAA delegation and 
        designation authorities;
            (4) fully implementing risk management principles and a 
        systems safety approach;
            (5) reducing duplication of effort;
            (6) eliminating inconsistent regulatory interpretations and 
        inconsistent enforcement activities;
            (7) improving and providing greater opportunities for 
        training, including recurrent training, in auditing and a 
        systems safety approach to oversight;
            (8) developing and allowing utilization of a single master 
        source for guidance;
            (9) providing and utilizing a streamlined appeal process 
        for the resolution of regulatory interpretation questions;
            (10) maintaining and improving safety; and
            (11) increasing transparency.
    (d) Metrics.--In carrying out subsection (a), the Administrator 
shall apply and track performance metrics for the FAA and the regulated 
aviation industry established by the Safety Oversight and Certification 
Advisory Committee.
    (e) Data Generation.--
            (1) Baselines.--Not later than 1 year after the date on 
        which the Safety Oversight and Certification Advisory Committee 
        establishes initial performance metrics for the FAA and the 
        regulated aviation industry under section 302, the 
        Administrator shall generate initial data with respect to each 
        of the metrics applied and tracked under this section.
            (2) Measuring progress toward goals.--The Administrator 
        shall use the metrics applied and tracked under this section to 
        generate data on an ongoing basis and to measure progress 
        toward the achievement of national goals established by the 
        Safety Oversight and Certification Advisory Committee.
    (f) Publication.--The Administrator shall make data generated using 
the metrics applied and tracked under this section available to the 
public in a searchable, sortable, and downloadable format through the 
internet website of the FAA and other appropriate methods and shall 
ensure that the data is made available in a manner that--
            (1) does not provide identifying information regarding an 
        individual or entity; and
            (2) protects proprietary information.

SEC. 332. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the FAA shall establish the 
FAA Task Force on Flight Standards Reform (in this section referred to 
as the ``Task Force'').
    (b) Membership.--
            (1) Appointment.--The membership of the Task Force shall be 
        appointed by the Administrator.
            (2) Number.--The Task Force shall be composed of not more 
        than 20 members.
            (3) Representation requirements.--The membership of the 
        Task Force shall include representatives, with knowledge of 
        flight standards regulatory processes and requirements, of--
                    (A) air carriers;
                    (B) general aviation;
                    (C) business aviation;
                    (D) repair stations;
                    (E) unmanned aircraft systems operators;
                    (F) flight schools;
                    (G) labor unions, including those representing FAA 
                aviation safety inspectors; and
                    (H) aviation safety experts.
    (c) Duties.--The duties of the Task Force shall include, at a 
minimum, identifying best practices and providing recommendations, for 
current and anticipated budgetary environments, with respect to--
            (1) simplifying and streamlining flight standards 
        regulatory processes;
            (2) reorganizing Flight Standards Services to establish an 
        entity organized by function rather than geographic region, if 
        appropriate;
            (3) FAA aviation safety inspector training opportunities;
            (4) FAA aviation safety inspector standards and 
        performance; and
            (5) achieving, across the FAA, consistent--
                    (A) regulatory interpretations; and
                    (B) application of oversight activities.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Task Force shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report detailing--
            (1) the best practices identified and recommendations 
        provided by the Task Force under subsection (c); and
            (2) any recommendations of the Task Force for additional 
        regulatory action or cost-effective legislative action.
    (e) Applicable Law.--Public Law 92-463 shall not apply to the Task 
Force.
    (f) Termination.--The Task Force shall terminate on the earlier 
of--
            (1) the date on which the Task Force submits the report 
        required under subsection (d); or
            (2) the date that is 18 months after the date on which the 
        Task Force is established under subsection (a).

SEC. 333. CENTRALIZED SAFETY GUIDANCE DATABASE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the FAA shall establish a 
centralized safety guidance database that will--
            (1) encompass all of the regulatory guidance documents of 
        the FAA Office of Aviation Safety;
            (2) contain, for each such guidance document, a link to the 
        Code of Federal Regulations provision to which the document 
        relates; and
            (3) be publicly available in a manner that--
                    (A) does not provide identifying information 
                regarding an individual or entity; and
                    (B) protects proprietary information.
    (b) Data Entry Timing.--
            (1) Existing documents.--Not later than 14 months after the 
        date of enactment of this Act, the Administrator shall begin 
        entering into the database established under subsection (a) all 
        of the regulatory guidance documents of the Office of Aviation 
        Safety that are in effect and were issued before the date on 
        which the Administrator begins such entry process.
            (2) New documents and changes.--On and after the date on 
        which the Administrator begins the document entry process under 
        paragraph (1), the Administrator shall ensure that all new 
        regulatory guidance documents of the Office of Aviation Safety 
        and any changes to existing documents are included in the 
        database established under subsection (a).
    (c) Consultation Requirement.--In establishing the database under 
subsection (a), the Administrator shall consult and collaborate with 
appropriate stakeholders, including labor organizations (including 
those representing aviation workers and FAA aviation safety inspectors) 
and industry stakeholders.
    (d) Regulatory Guidance Documents Defined.--In this section, the 
term ``regulatory guidance documents'' means all forms of written 
information issued by the FAA that an individual or entity may use to 
interpret or apply FAA regulations and requirements, including 
information an individual or entity may use to determine acceptable 
means of compliance with such regulations and requirements.

SEC. 334. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the FAA shall establish a 
Regulatory Consistency Communications Board (in this section referred 
to as the ``Board'').
    (b) Consultation Requirement.--In establishing the Board, the 
Administrator shall consult and collaborate with appropriate 
stakeholders, including FAA labor organizations (including labor 
organizations representing FAA aviation safety inspectors) and industry 
stakeholders.
    (c) Membership.--The Board shall be composed of FAA 
representatives, appointed by the Administrator, from--
            (1) the Flight Standards Service;
            (2) the Aircraft Certification Service; and
            (3) the Office of the Chief Counsel.
    (d) Functions.--The Board shall carry out the following functions:
            (1) Establish, at a minimum, processes by which--
                    (A) FAA personnel and regulated entities may submit 
                anonymous regulatory interpretation questions without 
                fear of retaliation; and
                    (B) FAA personnel may submit written questions, and 
                receive written responses, as to whether a previous 
                approval or regulatory interpretation issued by FAA 
                personnel in another office or region is correct or 
                incorrect.
            (2) Meet on a regular basis to discuss and resolve 
        questions submitted pursuant to paragraph (1) and the 
        appropriate application of regulations and policy with respect 
        to each question.
            (3) Provide to an individual or entity that submitted a 
        question pursuant to paragraph (1) a timely response to the 
        question.
            (4) Establish a process to make resolutions of common 
        regulatory interpretation questions publicly available to FAA 
        personnel and regulated entities without providing any 
        identifying data of the individuals or entities that submitted 
        the questions and in a manner that protects any proprietary 
        information.
            (5) Ensure the incorporation of resolutions of questions 
        submitted pursuant to paragraph (1) into regulatory guidance 
        documents.
    (e) Performance Metrics, Timelines, and Goals.--Not later than 180 
days after the date on which the Safety Oversight and Certification 
Advisory Committee establishes performance metrics for the FAA and the 
regulated aviation industry under section 302, the Administrator, in 
collaboration with the Advisory Committee, shall--
            (1) establish performance metrics, timelines, and goals to 
        measure the progress of the Board in resolving regulatory 
        interpretation questions submitted pursuant to subsection 
        (d)(1); and
            (2) implement a process for tracking the progress of the 
        Board in meeting the metrics, timelines, and goals established 
        under paragraph (1).

                      Subtitle D--Safety Workforce

SEC. 341. SAFETY WORKFORCE TRAINING STRATEGY.

    (a) Safety Workforce Training Strategy.--Not later than 60 days 
after the date of enactment of this Act, the Administrator of the FAA 
shall establish a safety workforce training strategy that--
            (1) allows employees participating in organization 
        management teams or conducting ODA program audits to complete, 
        in a timely fashion, appropriate training, including recurrent 
        training, in auditing and a systems safety approach to 
        oversight;
            (2) seeks knowledge-sharing opportunities between the FAA 
        and the aviation industry regarding new equipment and systems, 
        best practices, and other areas of interest;
            (3) functions within the current and anticipated budgetary 
        environments; and
            (4) includes milestones and metrics for meeting the 
        requirements of paragraphs (1), (2), and (3).
    (b) Report.--Not later than 270 days after the date of 
establishment of the strategy required under subsection (a), the 
Administrator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
implementation of the strategy and progress in meeting any milestones 
and metrics included in the strategy.
    (c) Definitions.--In this section, the following definitions apply:
            (1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder'' 
        have the meanings given those terms in section 44736 of title 
        49, United States Code, as added by this Act.
            (2) Organization management team.--The term ``organization 
        management team'' means a team consisting of FAA aviation 
        safety engineers, flight test pilots, and aviation safety 
        inspectors overseeing an ODA holder and its certification 
        activity.

SEC. 342. WORKFORCE REVIEW.

    (a) Workforce Review.--Not later than 90 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a review to assess the workforce and training needs of 
the FAA Office of Aviation Safety in the anticipated budgetary 
environment.
    (b) Contents.--The review required under subsection (a) shall 
include--
            (1) a review of current aviation safety inspector and 
        aviation safety engineer hiring, training, and recurrent 
        training requirements;
            (2) an analysis of the skills and qualifications required 
        of aviation safety inspectors and aviation safety engineers for 
        successful performance in the current and future projected 
        aviation safety regulatory environment, including the need for 
        a systems engineering discipline within the FAA to guide the 
        engineering of complex systems, with an emphasis on auditing 
        designated authorities;
            (3) a review of current performance incentive policies of 
        the FAA, as applied to the Office of Aviation Safety, including 
        awards for performance;
            (4) an analysis of ways the FAA can work with industry and 
        labor, including labor groups representing FAA aviation safety 
        inspectors and aviation safety engineers, to establish 
        knowledge-sharing opportunities between the FAA and the 
        aviation industry regarding new equipment and systems, best 
        practices, and other areas of interest; and
            (5) recommendations on the most effective qualifications, 
        training programs (including e-learning training), and 
        performance incentive approaches to address the needs of the 
        future projected aviation safety regulatory system in the 
        anticipated budgetary environment.
    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review required under subsection (a).

                   Subtitle E--International Aviation

SEC. 351. PROMOTION OF UNITED STATES AEROSPACE STANDARDS, PRODUCTS, AND 
              SERVICES ABROAD.

    Section 40104 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Promotion of United States Aerospace Standards, Products, and 
Services Abroad.--The Administrator shall take appropriate actions to--
            ``(1) promote United States aerospace safety standards 
        abroad;
            ``(2) facilitate and vigorously defend approvals of United 
        States aerospace products and services abroad;
            ``(3) with respect to bilateral partners, utilize bilateral 
        safety agreements and other mechanisms to improve validation of 
        United States type certificated aeronautical products and 
        appliances and enhance mutual acceptance in order to eliminate 
        redundancies and unnecessary costs; and
            ``(4) with respect to foreign safety authorities, 
        streamline validation and coordination processes.''.

SEC. 352. BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.

    Section 44701(e) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(5) Foreign airworthiness directives.--
                    ``(A) Acceptance.--The Administrator may accept an 
                airworthiness directive issued by an aeronautical 
                safety authority of a foreign country, and leverage 
                that authority's regulatory process, if--
                            ``(i) the country is the state of design 
                        for the product that is the subject of the 
                        airworthiness directive;
                            ``(ii) the United States has a bilateral 
                        safety agreement relating to aircraft 
                        certification with the country;
                            ``(iii) as part of the bilateral safety 
                        agreement with the country, the Administrator 
                        has determined that such aeronautical safety 
                        authority has a certification system relating 
                        to safety that produces a level of safety 
                        equivalent to the level produced by the system 
                        of the Federal Aviation Administration;
                            ``(iv) the aeronautical safety authority of 
                        the country utilizes an open and transparent 
                        notice and comment process in the issuance of 
                        airworthiness directives; and
                            ``(v) the airworthiness directive is 
                        necessary to provide for the safe operation of 
                        the aircraft subject to the directive.
                    ``(B) Alternative approval process.--
                Notwithstanding subparagraph (A), the Administrator may 
                issue a Federal Aviation Administration airworthiness 
                directive instead of accepting an airworthiness 
                directive otherwise eligible for acceptance under such 
                subparagraph, if the Administrator determines that such 
                issuance is necessary for safety or operational reasons 
                due to the complexity or unique features of the Federal 
                Aviation Administration airworthiness directive or the 
                United States aviation system.
                    ``(C) Alternative means of compliance.--The 
                Administrator may--
                            ``(i) accept an alternative means of 
                        compliance, with respect to an airworthiness 
                        directive accepted under subparagraph (A), that 
                        was approved by the aeronautical safety 
                        authority of the foreign country that issued 
                        the airworthiness directive; or
                            ``(ii) notwithstanding subparagraph (A), 
                        and at the request of any person affected by an 
                        airworthiness directive accepted under such 
                        subparagraph, approve an alternative means of 
                        compliance with respect to the airworthiness 
                        directive.
                    ``(D) Limitation.--The Administrator may not accept 
                an airworthiness directive issued by an aeronautical 
                safety authority of a foreign country if the 
                airworthiness directive addresses matters other than 
                those involving the safe operation of an aircraft.''.

SEC. 353. FAA LEADERSHIP ABROAD.

    (a) In General.--To promote United States aerospace safety 
standards, reduce redundant regulatory activity, and facilitate 
acceptance of FAA design and production approvals abroad, the 
Administrator of the FAA shall--
            (1) attain greater expertise in issues related to dispute 
        resolution, intellectual property, and export control laws to 
        better support FAA certification and other aerospace regulatory 
        activities abroad;
            (2) work with United States companies to more accurately 
        track the amount of time it takes foreign authorities, 
        including bilateral partners, to validate United States type 
        certificated aeronautical products;
            (3) provide assistance to United States companies that have 
        experienced significantly long foreign validation wait times;
            (4) work with foreign authorities, including bilateral 
        partners, to collect and analyze data to determine the 
        timeliness of the acceptance and validation of FAA design and 
        production approvals by foreign authorities and the acceptance 
        and validation of foreign-certified products by the FAA;
            (5) establish appropriate benchmarks and metrics to measure 
        the success of bilateral aviation safety agreements and to 
        reduce the validation time for United States type certificated 
        aeronautical products abroad; and
            (6) work with foreign authorities, including bilateral 
        partners, to improve the timeliness of the acceptance and 
        validation of FAA design and production approvals by foreign 
        authorities and the acceptance and validation of foreign-
        certified products by the FAA.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the FAA shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that--
            (1) describes the FAA's strategic plan for international 
        engagement;
            (2) describes the structure and responsibilities of all FAA 
        offices that have international responsibilities, including the 
        Aircraft Certification Office, and all the activities conducted 
        by those offices related to certification and production;
            (3) describes current and forecasted staffing and travel 
        needs for the FAA's international engagement activities, 
        including the needs of the Aircraft Certification Office in the 
        current and forecasted budgetary environment;
            (4) provides recommendations, if appropriate, to improve 
        the existing structure and personnel and travel policies 
        supporting the FAA's international engagement activities, 
        including the activities of the Aviation Certification Office, 
        to better support the growth of United States aerospace 
        exports; and
            (5) identifies cost-effective policy initiatives, 
        regulatory initiatives, or legislative initiatives needed to 
        improve and enhance the timely acceptance of United States 
        aerospace products abroad.
    (c) International Travel.--The Administrator of the FAA, or the 
Administrator's designee, may authorize international travel for any 
FAA employee, without the approval of any other person or entity, if 
the Administrator determines that the travel is necessary--
            (1) to promote United States aerospace safety standards; or
            (2) to support expedited acceptance of FAA design and 
        production approvals.

SEC. 354. REGISTRATION, CERTIFICATION, AND RELATED FEES.

    Section 45305 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``Subject to subsection 
        (b)'' and inserting ``Subject to subsection (c)'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Certification Services.--Subject to subsection (c), and 
notwithstanding section 45301(a), the Administrator may establish and 
collect a fee from a foreign government or entity for services related 
to certification, regardless of where the services are provided, if the 
fee--
            ``(1) is established and collected in a manner consistent 
        with aviation safety agreements; and
            ``(2) does not exceed the estimated costs of the 
        services.''.

                            TITLE IV--SAFETY

                     Subtitle A--General Provisions

SEC. 401. FAA TECHNICAL TRAINING.

    (a) E-Learning Training Pilot Program.--Not later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Federal Aviation Administration, in collaboration with the exclusive 
bargaining representatives of covered FAA personnel, shall establish an 
e-learning training pilot program in accordance with the requirements 
of this section.
    (b) Curriculum.--The pilot program shall--
            (1) include a recurrent training curriculum for covered FAA 
        personnel to ensure that the personnel receive instruction on 
        the latest aviation technologies, processes, and procedures;
            (2) focus on providing specialized technical training for 
        covered FAA personnel, as determined necessary by the 
        Administrator;
            (3) include training courses on applicable regulations of 
        the Federal Aviation Administration; and
            (4) consider the efficacy of instructor-led online 
        training.
    (c) Pilot Program Termination.--The pilot program shall terminate 1 
year after the date of establishment of the pilot program.
    (d) E-Learning Training Program.--Upon termination of the pilot 
program, the Administrator shall establish an e-learning training 
program that incorporates lessons learned for covered FAA personnel as 
a result of the pilot program.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Covered faa personnel.--The term ``covered FAA 
        personnel'' means airway transportation systems specialists and 
        aviation safety inspectors of the Federal Aviation 
        Administration.
            (2) E-learning training.--The term ``e-learning training'' 
        means learning utilizing electronic technologies to access 
        educational curriculum outside of a traditional classroom.

SEC. 402. SAFETY CRITICAL STAFFING.

    (a) Update of FAA's Safety Critical Staffing Model.--Not later than 
270 days after the date of enactment of this Act, and at least 2 years 
before the date of transfer, the Administrator of the Federal Aviation 
Administration shall update the safety critical staffing model of the 
Administration to determine the number of aviation safety inspectors 
that will be needed to fulfill the safety oversight mission of the 
Administration before and after the date of transfer, including safety 
oversight of the American Air Navigation Services Corporation.
    (b) Audit by DOT Inspector General.--
            (1) In general.--Not later than 90 days after the date on 
        which the Administrator has updated the safety critical 
        staffing model under subsection (a), the Inspector General of 
        the Department of Transportation shall conduct an audit of the 
        staffing model.
            (2) Contents.--The audit shall include, at a minimum--
                    (A) a review of the assumptions and methodologies 
                used in devising and implementing the staffing model to 
                assess the adequacy of the staffing model in predicting 
                the number of aviation safety inspectors needed--
                            (i) to properly fulfill the mission of the 
                        Administration before and after the date of 
                        transfer;
                            (ii) to meet the future growth of the 
                        aviation industry; and
                            (iii) to provide proper oversight of air 
                        traffic services after the date of transfer; 
                        and
                    (B) a determination on whether the staffing model 
                takes into account the Administration's authority to 
                fully utilize designees before and after the date of 
                transfer.
            (3) Report on audit.--
                    (A) Report to secretary.--Not later than 30 days 
                after the date of completion of the audit, the 
                Inspector General shall submit to the Secretary a 
                report on the results of the audit.
                    (B) Report to congress.--Not later than 60 days 
                after the date of receipt of the report, the Secretary 
                shall submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a copy of the report, together with, if 
                appropriate, a description of any actions taken or to 
                be taken to address the results of the audit.
    (c) Date of Transfer Defined.--In this section, the term ``date of 
transfer'' has the meaning given that term in section 90101(a) of title 
49, United States Code, as added by this Act.

SEC. 403. INTERNATIONAL EFFORTS REGARDING TRACKING OF CIVIL AIRCRAFT.

    The Administrator of the Federal Aviation Administration shall 
exercise leadership on creating a global approach to improving aircraft 
tracking by working with--
            (1) foreign counterparts of the Administrator in the 
        International Civil Aviation Organization and its subsidiary 
        organizations;
            (2) other international organizations and fora; and
            (3) the private sector.

SEC. 404. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.

    (a) Assessment.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
shall initiate an assessment of aircraft data access and retrieval 
systems for part 121 air carrier aircraft that are used in extended 
overwater operations to--
            (1) determine if the systems provide improved access and 
        retrieval of aircraft data and cockpit voice recordings in the 
        event of an aircraft accident; and
            (2) assess the cost effectiveness of each system assessed.
    (b) Systems To Be Examined.--The systems to be examined under this 
section shall include, at a minimum--
            (1) automatic deployable flight recorders;
            (2) emergency locator transmitters; and
            (3) satellite-based solutions.
    (c) Report.--Not later than 1 year after the date of initiation of 
the assessment, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the assessment.
    (d) Part 121 Air Carrier Defined.--In this section, the term ``part 
121 air carrier'' means an air carrier that holds a certificate issued 
under part 121 of title 14, Code of Federal Regulations.

SEC. 405. ADVANCED COCKPIT DISPLAYS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate a review of heads-up display systems, 
heads-down display systems employing synthetic vision systems, and 
enhanced vision systems (in this section referred to as ``HUD 
systems'', ``SVS'', and ``EVS'', respectively).
    (b) Contents.--The review shall--
            (1) evaluate the impacts of single- and dual-installed HUD 
        systems, SVS, and EVS on the safety and efficiency of aircraft 
        operations within the national airspace system; and
            (2) review a sufficient quantity of commercial aviation 
        accidents or incidents in order to evaluate if HUD systems, 
        SVS, and EVS would have produced a better outcome in that 
        accident or incident.
    (c) Consultation.--In conducting the review, the Administrator 
shall consult with aviation manufacturers, representatives of pilot 
groups, aviation safety organizations, and any government agencies the 
Administrator considers appropriate.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the results of the review, the actions the 
Administrator plans to take with respect to the systems reviewed, and 
the associated timeline for such actions.

SEC. 406. MARKING OF TOWERS.

    Section 2110 of the FAA Extension, Safety, and Security Act of 2016 
(49 U.S.C. 44718 note) is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Application.--
            ``(1) In general.--Except as provided by paragraph (2), not 
        later than 1 year after the date of enactment of the 21st 
        Century AIRR Act or the availability of the database developed 
        by the Administrator of the Federal Aviation Administration 
        pursuant to subsection (c), whichever is later, all covered 
        towers shall be either--
                    ``(A) clearly marked consistent with applicable 
                guidance in the advisory circular of the Federal 
                Aviation Administration issued December 4, 2015 (AC 70/
                7460-IL); or
                    ``(B) included in the database described in 
                subsection (c).
            ``(2) Meteorological evaluation tower.--A covered tower 
        that is a meteorological evaluation tower shall be subject to 
        the requirements of paragraphs (1)(A) and (1)(B).'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (b) and (c), respectively;
            (3) in subsection (b)(1)(A) (as so redesignated)--
                    (A) in clause (i)(I) by striking ``self-standing 
                or'' and inserting ``a meteorological evaluation tower 
                or tower''; and
                    (B) in clause (ii)--
                            (i) in subclause (IV) by striking ``or'' at 
                        the end;
                            (ii) in subclause (V) by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                                    ``(VI) is located within the right-
                                of-way of a rail carrier, including 
                                within the boundaries of a rail yard, 
                                and is used for a railroad purpose;
                                    ``(VII) is determined by the 
                                Administrator to pose no hazard to air 
                                navigation; or
                                    ``(VIII) has already mitigated any 
                                hazard to aviation safety in accordance 
                                with Federal Aviation Administration 
                                guidance or as otherwise approved by 
                                the Administrator.''; and
            (4) in subsection (c) (as so redesignated)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) develop a database that contains the location and 
        height of each covered tower that, pursuant to subsection (a), 
        the owner or operator of such tower elects not to mark, except 
        that meteorological evaluation towers shall be marked and 
        contained in the database;'';
                    (B) in paragraph (3) by striking ``and'' at the 
                end;
                    (C) in paragraph (4) by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(5) ensure that the tower information in the database is 
        de-identified and that the information only includes the 
        location and height of covered towers; and
            ``(6) make the database available for use not later than 1 
        year after the date of enactment of the 21st Century AIRR 
        Act.''.

SEC. 407. CABIN EVACUATION.

    (a) Review.--The Administrator of the Federal Aviation 
Administration shall review--
            (1) evacuation certification of transport-category aircraft 
        used in air transportation, with regard to--
                    (A) emergency conditions, including impacts into 
                water;
                    (B) crew procedures used for evacuations under 
                actual emergency conditions; and
                    (C) any relevant changes to passenger demographics 
                and legal requirements (including the Americans with 
                Disabilities Act of 1990) that affect emergency 
                evacuations; and
            (2) recent accidents and incidents where passengers 
        evacuated such aircraft.
    (b) Consultation; Review of Data.--In conducting the review, the 
Administrator shall--
            (1) consult with the National Transportation Safety Board, 
        transport-category aircraft manufacturers, air carriers, and 
        other relevant experts and Federal agencies, including groups 
        representing passengers, airline crewmembers, maintenance 
        employees, and emergency responders; and
            (2) review relevant data with respect to evacuation 
        certification of transport-category aircraft.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the review and related 
recommendations, if any, including any recommendations for revisions to 
the assumptions and methods used for assessing evacuation certification 
of transport-category aircraft.

SEC. 408. ODA STAFFING AND OVERSIGHT.

    (a) Report to Congress.--Not later than 270 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
Administration's progress with respect to--
            (1) determining what additional model inputs and labor 
        distribution codes are needed to identify ODA oversight 
        staffing needs prior to and after the date of transfer;
            (2) developing and implementing system-based evaluation 
        criteria and risk-based tools to aid ODA team members in 
        targeting their oversight activities;
            (3) developing agreements and processes for sharing 
        resources to ensure adequate oversight of ODA personnel 
        performing certification and inspection work at supplier and 
        company facilities; and
            (4) ensuring full utilization of ODA authority prior to and 
        after the date of transfer.
    (b) Definitions.--In this section, the following definitions apply:
            (1) Date of transfer.--The term ``date of transfer'' has 
        the meaning given that term in section 90101(a) of title 49, 
        United States Code, as added by this Act.
            (2) ODA.--the term ``ODA'' has the meaning given that term 
        in section 44736 of title 49, United States Code, as added by 
        this Act.

SEC. 409. FUNDING FOR ADDITIONAL SAFETY NEEDS.

    Section 44704 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Funding for Additional Safety Needs.--
            ``(1) Acceptance of applicant-provided funds.--
        Notwithstanding any other provision of law, the Administrator 
        may accept funds from an applicant for a certificate under this 
        section to hire additional staff or obtain the services of 
        consultants and experts to facilitate the timely processing, 
        review, and issuance of certificates under this section.
            ``(2) Rules of construction.--
                    ``(A) In general.--Nothing in this section may be 
                construed as permitting the Administrator to grant 
                priority or afford any preference to an applicant 
                providing funds under paragraph (1).
                    ``(B) Policies and procedures.--The Administrator 
                shall implement such policies and procedures as may be 
                required to ensure that the acceptance of funds under 
                paragraph (1) does not prejudice the Administrator in 
                the issuance of any certificate to an applicant.
            ``(3) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any funds accepted 
        under this subsection--
                    ``(A) shall be credited as offsetting collections 
                to the account that finances the activities and 
                services for which the funds are accepted;
                    ``(B) shall be available for expenditure only to 
                pay the costs of activities and services for which the 
                funds are accepted; and
                    ``(C) shall remain available until expended.''.

SEC. 410. FUNDING FOR ADDITIONAL FAA LICENSING NEEDS.

    (a) In General.--Chapter 509 of title 51, United States Code, is 
amended by adding at the end the following:
``Sec. 50924. Funding to facilitate FAA licensing
    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary of Transportation may accept funds from a person applying for 
a license or permit under this chapter to hire additional staff or 
obtain the services of consultants and experts--
            ``(1) to facilitate the timely processing, review, and 
        issuance of licenses or permits issued under this chapter;
            ``(2) to conduct environmental activities, studies, or 
        reviews associated with such licenses or permits; or
            ``(3) to conduct additional activities associated with or 
        necessitated by such licenses or permits, including pre-
        application consultation, hazard area determination, or on-site 
        inspection.
    ``(b) Rules of Construction.--
            ``(1) In general.--Nothing in this section may be construed 
        as permitting the Secretary to grant priority or afford any 
        preference to an applicant providing funds under subsection 
        (a).
            ``(2) Policies and procedures.--The Secretary shall 
        implement such policies and procedures as may be required to 
        ensure that the acceptance of funds under subsection (a) does 
        not prejudice the Secretary in the issuance of any license or 
        permit to an applicant.
    ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, any funds accepted under this section--
            ``(1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        funds are accepted;
            ``(2) shall be available for expenditure only to pay the 
        costs of activities and services for which the funds are 
        accepted; and
            ``(3) shall remain available until expended.''.
    (b) Clerical Amendment.--The analysis for chapter 509 of title 51, 
United States Code, is amended by adding at the end the following:

``50924. Funding to facilitate FAA licensing.''.

SEC. 411. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
shall evaluate and revise, as appropriate, regulations in part 121 of 
title 14, Code of Federal Regulations, regarding emergency medical 
equipment, including the contents of first-aid kits, applicable to all 
certificate holders operating passenger aircraft under that part.
    (b) Consideration.--In carrying out subsection (a), the 
Administrator shall consider whether the minimum contents of approved 
emergency medical kits, including approved first-aid kits, include 
appropriate medications and equipment to meet the emergency medical 
needs of children.

SEC. 412. HIMS PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall conduct 
a human intervention motivation study (HIMS) program for flight 
crewmembers employed by commercial air carriers operating in United 
States airspace.

SEC. 413. ACCEPTANCE OF VOLUNTARILY PROVIDED SAFETY INFORMATION.

    (a) In General.--There shall be a presumption that an individual's 
voluntary disclosure of an operational or maintenance issue related to 
aviation safety under an aviation safety action program meets the 
criteria for acceptance as a valid disclosure under such program.
    (b) Disclaimer Required.--Any dissemination of a disclosure that 
was submitted and accepted under an aviation safety action program 
pursuant to the presumption under subsection (a), but that has not 
undergone review by an event review committee, shall be accompanied by 
a disclaimer stating that the disclosure--
            (1) has not been reviewed by an event review committee 
        tasked with reviewing such disclosures; and
            (2) may subsequently be determined to be ineligible for 
        inclusion in the aviation safety action program.
    (c) Rejection of Disclosure.--A disclosure described under 
subsection (a) shall be rejected from an aviation safety action program 
if, after a review of the disclosure, an event review committee tasked 
with reviewing such disclosures determines that the disclosure fails to 
meet the criteria for acceptance under such program.
    (d) Aviation Safety Action Program Defined.--In this section, the 
term ``aviation safety action program'' means a program established in 
accordance with Federal Aviation Administration Advisory Circular 120-
66B, issued November 15, 2002 (including any similar successor advisory 
circular), to allow an individual to voluntarily disclose operational 
or maintenance issues related to aviation safety.

SEC. 414. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST 
              REQUIREMENTS.

    (a) Modification of Final Rule.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        modify the final rule of the Federal Aviation Administration 
        published in the Federal Register on August 19, 1994 (59 Fed. 
        Reg. 42974; relating to flight attendant duty period 
        limitations and rest requirements) in accordance with the 
        requirements of this subsection.
            (2) Contents.--The final rule, as modified under paragraph 
        (1), shall ensure that--
                    (A) a flight attendant scheduled to a duty period 
                of 14 hours or less is given a scheduled rest period of 
                at least 10 consecutive hours; and
                    (B) the rest period is not reduced under any 
                circumstances.
    (b) Fatigue Risk Management Plan.--
            (1) Submission of plan by part 121 air carriers.--Not later 
        than 90 days after the date of enactment of this Act, each air 
        carrier operating under part 121 of title 14, Code of Federal 
        Regulations (in this section referred to as a ``part 121 air 
        carrier''), shall submit to the Administrator of the Federal 
        Aviation Administration for review and acceptance a fatigue 
        risk management plan for the carrier's flight attendants.
            (2) Contents of plan.--A fatigue risk management plan 
        submitted by a part 121 air carrier under paragraph (1) shall 
        include the following:
                    (A) Current flight time and duty period 
                limitations.
                    (B) A rest scheme consistent with such limitations 
                that enables the management of flight attendant 
                fatigue, including annual training to increase 
                awareness of--
                            (i) fatigue;
                            (ii) the effects of fatigue on flight 
                        attendants; and
                            (iii) fatigue countermeasures.
                    (C) Development and use of a methodology that 
                continually assesses the effectiveness of 
                implementation of the plan, including the ability of 
                the plan--
                            (i) to improve alertness; and
                            (ii) to mitigate performance errors.
            (3) Review.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall review and 
        accept or reject each fatigue risk management plan submitted 
        under this subsection. If the Administrator rejects a plan, the 
        Administrator shall provide suggested modifications for 
        resubmission of the plan.
            (4) Plan updates.--
                    (A) In general.--A part 121 air carrier shall 
                update its fatigue risk management plan under paragraph 
                (1) every 2 years and submit the update to the 
                Administrator for review and acceptance.
                    (B) Review.--Not later than 1 year after the date 
                of submission of a plan update under subparagraph (A), 
                the Administrator shall review and accept or reject the 
                update. If the Administrator rejects an update, the 
                Administrator shall provide suggested modifications for 
                resubmission of the update.
            (5) Compliance.--A part 121 air carrier shall comply with 
        the fatigue risk management plan of the air carrier that is 
        accepted by the Administrator under this subsection.
            (6) Civil penalties.--A violation of this subsection by a 
        part 121 air carrier shall be treated as a violation of chapter 
        447 of title 49, United States Code, for purposes of the 
        application of civil penalties under chapter 463 of that title.

SEC. 415. SECONDARY COCKPIT BARRIERS.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall issue an 
order requiring the installation of a secondary cockpit barrier on each 
aircraft that is manufactured for delivery to a passenger air carrier 
in the United States operating under the provisions of part 121 of 
title 14, Code of Federal Regulations.

SEC. 416. AVIATION MAINTENANCE INDUSTRY TECHNICAL WORKFORCE.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on technical workers in the aviation maintenance 
industry.
    (b) Contents.--In conducting the study, the Comptroller General 
shall--
            (1) analyze the current Standard Occupational 
        Classification system with regard to the aviation profession, 
        particularly technical workers in the aviation maintenance 
        industry;
            (2) analyze how changes to the Federal employment 
        classification of aviation maintenance industry workers might 
        affect government data on unemployment rates and wages;
            (3) analyze how changes to the Federal employment 
        classification of aviation maintenance industry workers might 
        affect projections for future aviation maintenance industry 
        workforce needs and project technical worker shortfalls;
            (4) analyze the impact of Federal regulation, including 
        Federal Aviation Administration oversight of certification, 
        testing, and education programs, on employment of technical 
        workers in the aviation maintenance industry;
            (5) develop recommendations on how Federal Aviation 
        Administration regulations and policies could be improved to 
        address aviation maintenance industry needs for technical 
        workers; and
            (6) develop recommendations for better coordinating actions 
        by government, educational institutions, and businesses to 
        support workforce growth in the aviation maintenance industry.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Aviation maintenance industry.--The term ``aviation 
        maintenance industry'' means repair stations certificated under 
        part 145 of title 14, Code of Federal Regulations.
            (2) Technical worker.--The term ``technical worker'' means 
        an individual authorized under part 43 of title 14, Code of 
        Federal Regulations, to maintain, rebuild, alter, or perform 
        preventive maintenance on an aircraft, airframe, aircraft 
        engine, propeller, appliance, or component part or employed by 
        an entity so authorized to perform such a function.

SEC. 417. CRITICAL AIRFIELD MARKINGS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall issue a 
request for proposal for a study that includes--
            (1) an independent, third party study to assess the 
        durability of Type III and Type I glass beads applied to 
        critical markings over a 2-year period at not fewer than 2 
        primary airports in varying weather conditions to measure the 
        retroflectivity levels of such markings on a quarterly basis; 
        and
            (2) a study at 2 other airports carried out by applying 
        Type III beads on half of the centerline and Type I beads to 
        the other half and providing for assessments from pilots 
        through surveys administered by a third party as to the 
        visibility and performance of the Type III glass beads as 
        compared to the Type I glass beads over a 1-year period.

                 Subtitle B--Unmanned Aircraft Systems

SEC. 431. DEFINITIONS.

    Except as otherwise provided, the definitions contained in section 
45501 of title 49, United States Code (as added by this Act), shall 
apply to this subtitle.

SEC. 432. CODIFICATION OF EXISTING LAW; ADDITIONAL PROVISIONS.

    (a) In General.--Subtitle VII of title 49, United States Code, is 
amended by inserting after chapter 453 the following:

                ``CHAPTER 455--UNMANNED AIRCRAFT SYSTEMS

``Sec.
``45501. Definitions.
``45502. Integration of civil unmanned aircraft systems into national 
                            airspace system.
``45503. Risk-based permitting of unmanned aircraft systems.
``45504. Public unmanned aircraft systems.
``45505. Special rules for certain unmanned aircraft systems.
``45506. Certification of new air navigation facilities for unmanned 
                            aircraft and other aircraft.
``45507. Special rules for certain UTM and low-altitude CNS.
``45508. Operation of small unmanned aircraft.
``45509. Special rules for model aircraft.
``45510. Carriage of property for compensation or hire.
``45511. Micro UAS operations.
``Sec. 45501. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Aerial data collection.--The term `aerial data 
        collection' means the gathering of data by a device aboard an 
        unmanned aircraft during flight, including imagery, sensing, 
        and measurement by such device.
            ``(2) Arctic.--The term `Arctic' means the United States 
        zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of 
        the Aleutian chain.
            ``(3) Certificate of waiver; certificate of 
        authorization.--The terms `certificate of waiver' and 
        `certificate of authorization' mean a Federal Aviation 
        Administration grant of approval for a specific flight 
        operation.
            ``(4) CNS.--The term `CNS' means a communication, 
        navigation, or surveillance system or service.
            ``(5) Model aircraft.--the term `model aircraft' means an 
        unmanned aircraft that is--
                    ``(A) capable of sustained flight in the 
                atmosphere;
                    ``(B) flown within visual line of sight of the 
                person operating the aircraft; and
                    ``(C) flown for hobby or recreational purposes.
            ``(6) Permanent areas.--The term `permanent areas' means 
        areas on land or water that provide for launch, recovery, and 
        operation of small unmanned aircraft.
            ``(7) Public unmanned aircraft system.--The term `public 
        unmanned aircraft system' means an unmanned aircraft system 
        that meets the qualifications and conditions required for 
        operation of a public aircraft (as defined in section 
        40102(a)).
            ``(8) Sense-and-avoid capability.--The term `sense-and-
        avoid capability' means the capability of an unmanned aircraft 
        to remain a safe distance from and to avoid collisions with 
        other airborne aircraft.
            ``(9) Small unmanned aircraft.--The term `small unmanned 
        aircraft' means an unmanned aircraft weighing less than 55 
        pounds, including everything that is on board the aircraft.
            ``(10) Unmanned aircraft.--The term `unmanned aircraft' 
        means an aircraft that is operated without the possibility of 
        direct human intervention from within or on the aircraft.
            ``(11) Unmanned aircraft system.--The term `unmanned 
        aircraft system' means an unmanned aircraft and associated 
        elements (including communication links and the components that 
        control the unmanned aircraft) that are required for the pilot 
        in command to operate safely and efficiently in the national 
        airspace system.
            ``(12) UTM.--The term `UTM' means an unmanned aircraft 
        traffic management system or service.
``Sec. 45502. Integration of civil unmanned aircraft systems into 
              national airspace system
    ``(a) Required Planning for Integration.--
            ``(1) Comprehensive plan.--Not later than November 10, 
        2012, the Secretary of Transportation, in consultation with 
        representatives of the aviation industry, Federal agencies that 
        employ unmanned aircraft systems technology in the national 
        airspace system, and the unmanned aircraft systems industry, 
        shall develop a comprehensive plan to safely accelerate the 
        integration of civil unmanned aircraft systems into the 
        national airspace system.
            ``(2) Contents of plan.--The plan required under paragraph 
        (1) shall contain, at a minimum, recommendations or projections 
        on--
                    ``(A) the rulemaking to be conducted under 
                subsection (b), with specific recommendations on how 
                the rulemaking will--
                            ``(i) define the acceptable standards for 
                        operation and certification of civil unmanned 
                        aircraft systems;
                            ``(ii) ensure that any civil unmanned 
                        aircraft system includes a sense-and-avoid 
                        capability; and
                            ``(iii) establish standards and 
                        requirements for the operator and pilot of a 
                        civil unmanned aircraft system, including 
                        standards and requirements for registration and 
                        licensing;
                    ``(B) the best methods to enhance the technologies 
                and subsystems necessary to achieve the safe and 
                routine operation of civil unmanned aircraft systems in 
                the national airspace system;
                    ``(C) a phased-in approach to the integration of 
                civil unmanned aircraft systems into the national 
                airspace system;
                    ``(D) a timeline for the phased-in approach 
                described under subparagraph (C);
                    ``(E) creation of a safe airspace designation for 
                cooperative manned and unmanned flight operations in 
                the national airspace system;
                    ``(F) establishment of a process to develop 
                certification, flight standards, and air traffic 
                requirements for civil unmanned aircraft systems at 
                test ranges where such systems are subject to testing;
                    ``(G) the best methods to ensure the safe operation 
                of civil unmanned aircraft systems and public unmanned 
                aircraft systems simultaneously in the national 
                airspace system; and
                    ``(H) incorporation of the plan into the annual 
                NextGen Implementation Plan document (or any successor 
                document) of the Federal Aviation Administration.
            ``(3) Deadline.--The plan required under paragraph (1) 
        shall provide for the safe integration of civil unmanned 
        aircraft systems into the national airspace system as soon as 
        practicable, but not later than September 30, 2015.
            ``(4) Report to congress.--Not later than February 14, 
        2013, the Secretary shall submit to Congress a copy of the plan 
        required under paragraph (1).
            ``(5) Roadmap.--Not later than February 14, 2013, the 
        Secretary shall approve and make available in print and on the 
        Administration's internet website a 5-year roadmap for the 
        introduction of civil unmanned aircraft systems into the 
        national airspace system, as coordinated by the Unmanned 
        Aircraft Program Office of the Administration. The Secretary 
        shall update the roadmap annually.
    ``(b) Rulemaking.--Not later than 18 months after the date on which 
the plan required under subsection (a)(1) is submitted to Congress 
under subsection (a)(4), the Secretary shall publish in the Federal 
Register--
            ``(1) a final rule on small unmanned aircraft systems that 
        will allow for civil operation of such systems in the national 
        airspace system, to the extent the systems do not meet the 
        requirements for expedited operational authorization under 
        section 45508;
            ``(2) a notice of proposed rulemaking to implement the 
        recommendations of the plan required under subsection (a)(1), 
        with the final rule to be published not later than 16 months 
        after the date of publication of the notice; and
            ``(3) an update to the Administration's most recent policy 
        statement on unmanned aircraft systems, contained in Docket No. 
        FAA-2006-25714.
    ``(c) Expanding Use of Unmanned Aircraft Systems in Arctic.--
            ``(1) In general.--Not later than August 12, 2012, the 
        Secretary shall develop a plan and initiate a process to work 
        with relevant Federal agencies and national and international 
        communities to designate permanent areas in the Arctic where 
        small unmanned aircraft may operate 24 hours per day for 
        research and commercial purposes. The plan for operations in 
        these permanent areas shall include the development of 
        processes to facilitate the safe operation of unmanned aircraft 
        beyond line of sight. Such areas shall enable over-water 
        flights from the surface to at least 2,000 feet in altitude, 
        with ingress and egress routes from selected coastal launch 
        sites.
            ``(2) Agreements.--To implement the plan under paragraph 
        (1), the Secretary may enter into an agreement with relevant 
        national and international communities.
            ``(3) Aircraft approval.--Not later than 1 year after the 
        entry into force of an agreement necessary to effectuate the 
        purposes of this subsection, the Secretary shall work with 
        relevant national and international communities to establish 
        and implement a process, or may apply an applicable process 
        already established, for approving the use of unmanned aircraft 
        in the designated permanent areas in the Arctic without regard 
        to whether an unmanned aircraft is used as a public aircraft, a 
        civil aircraft, or a model aircraft.
``Sec. 45503. Risk-based permitting of unmanned aircraft systems
    ``(a) In General.--Not later than 120 days after the date of 
enactment of this section, the Administrator of the Federal Aviation 
Administration shall establish procedures for issuing permits under 
this section with respect to certain unmanned aircraft systems and 
operations thereof.
    ``(b) Permitting Standards.--Upon the submission of an application 
in accordance with subsection (d), the Administrator shall issue a 
permit with respect to the proposed operation of an unmanned aircraft 
system if the Administrator determines that the unmanned aircraft 
system and the proposed operation achieve a level of safety that is 
equivalent to--
            ``(1) other unmanned aircraft systems and operations 
        permitted under regulation, exemption, or other authority 
        granted by the Administrator; or
            ``(2) any other aircraft operation approved by the 
        Administrator with similar risk characteristics or profiles.
    ``(c) Safety Criteria for Consideration.--In determining whether a 
proposed operation meets the standards described in subsection (b), the 
Administrator shall consider the following safety criteria:
            ``(1) The kinetic energy of the unmanned aircraft system.
            ``(2) The location of the proposed operation, including the 
        proximity to--
                    ``(A) structures;
                    ``(B) congested areas;
                    ``(C) special-use airspace; and
                    ``(D) persons on the ground.
            ``(3) The nature of the operation, including any proposed 
        risk mitigation.
            ``(4) Any known hazard of the proposed operation and the 
        severity and likelihood of such hazard.
            ``(5) Any known failure modes of the unmanned aircraft 
        system, failure mode effects and criticality, and any 
        mitigating features or capabilities.
            ``(6) The operational history of relevant technologies, if 
        available.
            ``(7) Any history of civil penalties or certificate actions 
        by the Administrator against the applicant seeking the permit.
            ``(8) Any other safety criteria the Administrator considers 
        appropriate.
    ``(d) Application.--An application under this section shall include 
evidence that the unmanned aircraft system and the proposed operation 
thereof meet the standards described in subsection (b) based on the 
criteria described in subsection (c).
    ``(e) Scope of Permit.--A permit issued under this section shall--
            ``(1) be valid for 5 years;
            ``(2) constitute approval of both the airworthiness of the 
        unmanned aircraft system and the proposed operation of such 
        system;
            ``(3) be renewable for additional 5-year periods; and
            ``(4) contain any terms necessary to ensure aviation 
        safety.
    ``(f) Notice.--Not later than 120 days after the Administrator 
receives a complete application under subsection (d), the Administrator 
shall provide the applicant written notice of a decision to approve or 
disapprove of the application or to request a modification of the 
application that is necessary for approval of the application.
    ``(g) Permitting Process.--The Administrator shall issue a permit 
under this section without regard to subsections (b) through (d) of 
section 553 of title 5 and chapter 35 of title 44 if the Administrator 
determines that the operation permitted will not occur near a congested 
area.
    ``(h) Exemption From Certain Requirements.--To the extent 
consistent with aviation safety, the Administrator may exempt 
applicants under this section from paragraphs (1) through (3) of 
section 44711(a).
    ``(i) Withdrawal.--The Administrator may, at any time, modify or 
withdraw a permit issued under this section.
    ``(j) Applicability.--This section shall not apply to small 
unmanned aircraft systems and operations authorized by the final rule 
on small unmanned aircraft systems issued pursuant to section 
45502(b)(1).
    ``(k) Expedited Review.--The Administrator shall review and act 
upon applications under this section on an expedited basis for unmanned 
aircraft systems and operations thereof to be used primarily in, or 
primarily in direct support of, emergency preparedness, emergency 
response, or disaster recovery efforts, including efforts in connection 
with natural disasters and severe weather events.
``Sec. 45504. Public unmanned aircraft systems
    ``(a) Guidance.--Not later than November 10, 2012, the Secretary of 
Transportation shall issue guidance regarding the operation of public 
unmanned aircraft systems to--
            ``(1) expedite the issuance of a certificate of 
        authorization process;
            ``(2) provide for a collaborative process with public 
        agencies to allow for an incremental expansion of access to the 
        national airspace system as technology matures and the 
        necessary safety analysis and data become available, and until 
        standards are completed and technology issues are resolved;
            ``(3) facilitate the capability of public agencies to 
        develop and use test ranges, subject to operating restrictions 
        required by the Federal Aviation Administration, to test and 
        operate unmanned aircraft systems; and
            ``(4) provide guidance on a public entity's responsibility 
        when operating an unmanned aircraft without a civil 
        airworthiness certificate issued by the Administration.
    ``(b) Standards for Operation and Certification.--Not later than 
December 31, 2015, the Administrator shall develop and implement 
operational and certification requirements for the operation of public 
unmanned aircraft systems in the national airspace system.
    ``(c) Agreements With Government Agencies.--
            ``(1) In general.--Not later than May 14, 2012, the 
        Secretary shall enter into agreements with appropriate 
        government agencies to simplify the process for issuing 
        certificates of waiver or authorization with respect to 
        applications seeking authorization to operate public unmanned 
        aircraft systems in the national airspace system.
            ``(2) Contents.--The agreements shall--
                    ``(A) with respect to an application described in 
                paragraph (1)--
                            ``(i) provide for an expedited review of 
                        the application;
                            ``(ii) require a decision by the 
                        Administrator on approval or disapproval within 
                        60 business days of the date of submission of 
                        the application; and
                            ``(iii) allow for an expedited appeal if 
                        the application is disapproved;
                    ``(B) allow for a one-time approval of similar 
                operations carried out during a fixed period of time; 
                and
                    ``(C) allow a government public safety agency to 
                operate unmanned aircraft weighing 4.4 pounds or less, 
                if operated--
                            ``(i) within the line of sight of the 
                        operator;
                            ``(ii) less than 400 feet above the ground;
                            ``(iii) during daylight conditions;
                            ``(iv) within Class G airspace; and
                            ``(v) outside of 5 statute miles from any 
                        airport, heliport, seaplane base, spaceport, or 
                        other location with aviation activities.
``Sec. 45505. Special rules for certain unmanned aircraft systems
    ``(a) In General.--Notwithstanding any other requirement of this 
subtitle, and not later than August 12, 2012, the Secretary of 
Transportation shall determine if certain unmanned aircraft systems may 
operate safely in the national airspace system before completion of the 
plan and rulemaking required by section 45502 or the guidance required 
under section 45504.
    ``(b) Assessment of Unmanned Aircraft Systems.--In making the 
determination under subsection (a), the Secretary shall determine, at a 
minimum--
            ``(1) which types of unmanned aircraft systems, if any, as 
        a result of their size, weight, speed, operational capability, 
        proximity to airports and populated areas, and operation within 
        visual line of sight do not create a hazard to users of the 
        national airspace system or the public or pose a threat to 
        national security; and
            ``(2) whether a certificate of waiver, certificate of 
        authorization, or airworthiness certification under section 
        44704 is required for the operation of unmanned aircraft 
        systems identified under paragraph (1).
    ``(c) Requirements for Safe Operation.--If the Secretary determines 
under this section that certain unmanned aircraft systems may operate 
safely in the national airspace system, the Secretary shall establish 
requirements for the safe operation of such aircraft systems in the 
national airspace system.
``Sec. 45506. Certification of new air navigation facilities for 
              unmanned aircraft and other aircraft
    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, and notwithstanding section 2208 of the FAA 
Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the 
Administrator of the Federal Aviation Administration shall initiate a 
rulemaking to establish procedures for issuing air navigation facility 
certificates pursuant to section 44702 to operators of--
            ``(1) UTM for unmanned aircraft operations that occur 
        primarily or exclusively in airspace 400 feet above ground 
        level and below; and
            ``(2) low-altitude CNS for aircraft operations that occur 
        primarily or exclusively in airspace 400 feet above ground 
        level and below.
    ``(b) Minimum Requirements.--In issuing a final rule pursuant to 
subsection (a), the Administrator, at a minimum, shall provide for the 
following:
            ``(1) Certification standards.--The Administrator shall 
        issue an air navigation facility certificate under the final 
        rule if the Administrator determines that a UTM or low-altitude 
        CNS facilitates or improves the safety of unmanned aircraft or 
        other aircraft operations that occur primarily or exclusively 
        in airspace 400 feet above ground level and below, including 
        operations conducted under a waiver issued pursuant to subpart 
        D of part 107 of title 14, Code of Federal Regulations.
            ``(2) Criteria for consideration.--In determining whether a 
        UTM or low-altitude CNS meets the standard described in 
        paragraph (1), the Administrator shall, as appropriate, 
        consider--
                    ``(A) protection of persons and property on the 
                ground;
                    ``(B) remote identification of aircraft;
                    ``(C) collision avoidance with respect to obstacles 
                and aircraft;
                    ``(D) deconfliction of aircraft trajectories;
                    ``(E) safe and reliable interoperability or 
                noninterference with air traffic control and other 
                systems operated in the national airspace system;
                    ``(F) detection of noncooperative aircraft;
                    ``(G) geographic and local factors;
                    ``(H) aircraft equipage; and
                    ``(I) qualifications, if any, necessary to operate 
                the UTM or low-altitude CNS.
            ``(3) Application.--An application for an air navigation 
        facility certificate under the final rule shall include 
        evidence that the UTM or low-altitude CNS meets the standard 
        described in paragraph (1) based on the criteria described in 
        paragraph (2).
            ``(4) Scope of certificate.--The Administrator shall ensure 
        that an air navigation facility certificate issued under the 
        final rule--
                    ``(A) constitutes approval of the UTM or low-
                altitude CNS for the duration of the term of the 
                certificate;
                    ``(B) constitutes authorization to operate the UTM 
                or low-altitude CNS for the duration of the term of the 
                certificate; and
                    ``(C) contains such limitations and conditions as 
                may be necessary to ensure aviation safety.
            ``(5) Notice.--Not later than 120 days after the 
        Administrator receives a complete application under the final 
        rule, the Administrator shall provide the applicant with a 
        written approval, disapproval, or request to modify the 
        application.
            ``(6) Low risk areas.--Under the final rule, the 
        Administrator shall establish expedited procedures for approval 
        of UTM or low-altitude CNS operated in--
                    ``(A) airspace away from congested areas; or
                    ``(B) other airspace above areas in which 
                operations of unmanned aircraft pose very low risk.
            ``(7) Exemption from certain requirements.--To the extent 
        consistent with aviation safety, the Administrator may exempt 
        applicants under the final rule from requirements under 
        sections 44702, 44703, and 44711.
            ``(8) Certificate modifications and revocations.--A 
        certificate issued under the final rule may, at any time, be 
        modified or revoked by the Administrator.
    ``(c) Consultation.--In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate.
``Sec. 45507. Special rules for certain UTM and low-altitude CNS
    ``(a) In General.--Notwithstanding any other requirement of this 
chapter, and not later than 120 days after the date of enactment of 
this section, the Secretary of Transportation shall determine if 
certain UTM and low-altitude CNS may operate safely in the national 
airspace system before completion of the rulemaking required by section 
45506.
    ``(b) Assessment of UTM and Low-Altitude CNS.--In making the 
determination under subsection (a), the Secretary shall determine, at a 
minimum, which types of UTM and low-altitude CNS, if any, as a result 
of their operational capabilities, reliability, intended use, and areas 
of operation, and the characteristics of the aircraft involved, do not 
create a hazard to users of the national airspace system or the public.
    ``(c) Requirements for Safe Operation.--If the Secretary determines 
that certain UTM and low-altitude CNS may operate safely in the 
national airspace system, the Secretary shall establish requirements 
for their safe operation in the national airspace system.
    ``(d) Expedited Procedures.--The Secretary shall provide expedited 
procedures for reviewing and approving UTM or low-altitude CNS operated 
to monitor or control aircraft operated primarily or exclusively in 
airspace above--
            ``(1) croplands;
            ``(2) areas other than congested areas; and
            ``(3) other areas in which the operation of unmanned 
        aircraft poses very low risk.
    ``(e) Consultation.--In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate.
``Sec. 45508. Operation of small unmanned aircraft
    ``(a) Exemption and Certificate of Waiver or Authorization for 
Certain Operations.--Not later than 270 days after the date of 
enactment of this section, the Administrator of the Federal Aviation 
Administration shall establish a procedure for granting an exemption 
and issuing a certificate of waiver or authorization for the operation 
of a small unmanned aircraft system in United States airspace for the 
purposes described in section 45501(1).
    ``(b) Operation of Exemption and Certificate of Waiver or 
Authorization.--
            ``(1) Exemption.--An exemption granted under this section 
        shall--
                    ``(A) exempt the operator of a small unmanned 
                aircraft from the provisions of title 14, Code of 
                Federal Regulations, that are exempted in Exemption No. 
                11687, issued on May 26, 2015, Regulatory Docket Number 
                FAA-2015-0117, or in a subsequent exemption; and
                    ``(B) contain conditions and limitations described 
                in paragraphs 3 through 31 of such Exemption No. 11687, 
                or conditions and limitations of a subsequent 
                exemption.
            ``(2) Certificate of waiver or authorization.--A 
        certificate of waiver or authorization issued under this 
        section shall allow the operation of small unmanned aircraft 
        according to--
                    ``(A) the standard provisions and air traffic 
                control special provisions of the certificate of waiver 
                or authorization FAA Form 7711-1 (7-74); or
                    ``(B) the standard and special provisions of a 
                subsequent certificate of waiver or authorization.
    ``(c) Notice to Administrator.--Before operating a small unmanned 
aircraft pursuant to a certificate of waiver or authorization granted 
under this section, the operator shall provide written notice to the 
Administrator, in a form and manner specified by the Administrator, 
that contains such information and assurances as the Administrator 
determines necessary in the interest of aviation safety and the 
efficiency of the national airspace system, including a certification 
that the operator has read, understands, and will comply with all 
terms, conditions, and limitations of the certificate of waiver or 
authorization.
    ``(d) Waiver of Airworthiness Certificate.--Notwithstanding section 
44711(a)(1), the holder of a certificate of waiver or authorization 
granted under this section may operate a small unmanned aircraft under 
the terms, conditions, and limitations of such certificate without an 
airworthiness certificate.
    ``(e) Procedure.--The granting of an exemption or the issuance of a 
certificate of waiver or authorization, or any other action authorized 
by this section, shall be made without regard to--
            ``(1) section 553 of title 5; or
            ``(2) chapter 35 of title 44.
    ``(f) Statutory Construction.--Nothing in this section may be 
construed to--
            ``(1) affect the issuance of a rule by or any other 
        activity of the Secretary of Transportation or the 
        Administrator under any other provision of law; or
            ``(2) invalidate an exemption or certificate of waiver or 
        authorization issued by the Administrator before the date of 
        enactment of this section.
    ``(g) Effective Periods.--An exemption or certificate of waiver or 
authorization issued under this section, or an amendment of such 
exemption or certificate, shall cease to be valid on the effective date 
of a final rule on small unmanned aircraft systems issued under section 
45502(b)(1).
``Sec. 45509. Special rules for model aircraft
    ``(a) In General.--Notwithstanding any other provision of law 
relating to the incorporation of unmanned aircraft systems into Federal 
Aviation Administration plans and policies, including this subtitle, 
the Administrator of the Federal Aviation Administration may not 
promulgate any rule or regulation regarding a model aircraft or an 
aircraft being developed as a model aircraft (other than the 
registration of certain model aircraft pursuant to section 44103), if--
            ``(1) the aircraft is flown strictly for hobby or 
        recreational use;
            ``(2) the aircraft is operated in accordance with a 
        community-based set of safety guidelines and within the 
        programming of a community-based organization;
            ``(3) the aircraft is limited to not more than 55 pounds 
        unless otherwise certified through a design, construction, 
        inspection, flight test, and operational safety program 
        administered by a community-based organization;
            ``(4) the aircraft is operated in a manner that does not 
        interfere with and gives way to any manned aircraft;
            ``(5) the aircraft is not operated over or within the 
        property of a fixed site facility that operates amusement rides 
        available for use by the general public or the property 
        extending 500 lateral feet beyond the perimeter of such 
        facility unless the operation is authorized by the owner of the 
        amusement facility; and
            ``(6) when flown within 5 miles of an airport, the operator 
        of the aircraft provides the airport operator and the airport 
        air traffic control tower (when an air traffic facility is 
        located at the airport) with prior notice of the operation 
        (model aircraft operators flying from a permanent location 
        within 5 miles of an airport should establish a mutually agreed 
        upon operating procedure with the airport operator and the 
        airport air traffic control tower (when an air traffic facility 
        is located at the airport)).
    ``(b) Commercial Operation for Instructional or Educational 
Purposes.--A flight of an unmanned aircraft shall be treated as a 
flight of a model aircraft for purposes of subsection (a) (regardless 
of any compensation, reimbursement, or other consideration exchanged or 
incidental economic benefit gained in the course of planning, 
operating, or supervising the flight), if the flight is--
            ``(1) conducted for instructional or educational purposes; 
        and
            ``(2) operated or supervised by a member of a community-
        based organization recognized pursuant to subsection (e).
    ``(c) Statutory Construction.--Nothing in this section may be 
construed to limit the authority of the Administrator to pursue 
enforcement action against persons operating model aircraft who 
endanger the safety of the national airspace system.
    ``(d) Community-Based Organization Defined.--In this section, the 
term `community-based organization' means an entity that--
            ``(1) is described in section 501(c)(3) of the Internal 
        Revenue Code of 1986;
            ``(2) is exempt from tax under section 501(a) of the 
        Internal Revenue Code of 1986;
            ``(3) the mission of which is demonstrably the furtherance 
        of model aviation;
            ``(4) provides a comprehensive set of safety guidelines for 
        all aspects of model aviation addressing the assembly and 
        operation of model aircraft and that emphasize safe 
        aeromodeling operations within the national airspace system and 
        the protection and safety of individuals and property on the 
        ground;
            ``(5) provides programming and support for any local 
        charter organizations, affiliates, or clubs; and
            ``(6) provides assistance and support in the development 
        and operation of locally designated model aircraft flying 
        sites.
    ``(e) Recognition of Community-Based Organizations.--Not later than 
180 days after the date of enactment of this section, the Administrator 
shall establish, and make available to the public, a process for 
recognizing community-based organizations that meet the eligibility 
criteria under subsection (d).
``Sec. 45510. Carriage of property for compensation or hire
    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary of Transportation shall issue 
a final rule authorizing the carriage of property by operators of small 
unmanned aircraft systems for compensation or hire within the United 
States.
    ``(b) Contents.--The final rule required under subsection (a) shall 
provide for the following:
            ``(1) Small uas air carrier certificate.--The Administrator 
        of the Federal Aviation Administration, at the direction of the 
        Secretary, shall establish a small UAS air carrier certificate 
        for persons that undertake directly, or by lease or other 
        arrangement, the operation of small unmanned aircraft systems 
        to carry property in air transportation, including commercial 
        fleet operations with highly automated unmanned aircraft 
        systems. The requirements to obtain a small UAS air carrier 
        certificate shall--
                    ``(A) account for the unique characteristics of 
                highly automated small unmanned aircraft systems; and
                    ``(B) include only those obligations necessary for 
                the safe operation of small unmanned aircraft systems.
            ``(2) Small uas air carrier certification process.--The 
        Administrator, at the direction of the Secretary, shall 
        establish a process for the issuance of a small UAS air carrier 
        certificate described in paragraph (1) that is streamlined, 
        simple, performance-based, and risk-based. Such certification 
        process shall consider--
                    ``(A) safety and the mitigation of operational 
                risks from highly automated small unmanned aircraft 
                systems to the safety of other aircraft, and persons 
                and property on the ground;
                    ``(B) the safety and reliability of highly 
                automated small unmanned aircraft system design, 
                including technological capabilities and operational 
                limitations to mitigate such risks; and
                    ``(C) the competencies and compliance programs of 
                manufacturers, operators, and companies that both 
                manufacture and operate small unmanned aircraft systems 
                and components.
            ``(3) Small uas air carrier classification.--The Secretary 
        shall develop a classification system for small unmanned 
        aircraft systems air carriers to establish economic authority 
        for the carriage of property by small unmanned aircraft systems 
        for compensation or hire. Such classification shall only 
        require--
                    ``(A) registration with the Department of 
                Transportation; and
                    ``(B) a valid small UAS air carrier certificate as 
                described in paragraph (1).
``Sec. 45511. Micro UAS operations
    ``(a) In General.--Not later than 60 days after the date of 
enactment of this section, the Administrator of the Federal Aviation 
Administration shall charter an aviation rulemaking advisory committee 
to develop recommendations for regulations under which any person may 
operate a micro unmanned aircraft system, the aircraft component of 
which weighs 4.4 pounds or less, including payload, without the person 
operating the system being required to pass any airman certification 
requirement, including any requirements under section 44703, part 61 of 
title 14, Code of Federal Regulations, or any other rule or regulation 
relating to airman certification.
    ``(b) Considerations.--In developing recommendations for the 
operation of micro unmanned aircraft systems under subsection (a), the 
members of the aviation rulemaking advisory committee shall consider 
rules for operation of such systems--
            ``(1) at an altitude of less than 400 feet above ground 
        level;
            ``(2) with an airspeed of not greater than 40 knots;
            ``(3) within the visual line of sight of the operator;
            ``(4) during the hours between sunrise and sunset;
            ``(5) by an operator who has passed an aeronautical 
        knowledge and safety test administered by the Federal Aviation 
        Administration online specifically for the operation of micro 
        unmanned aircraft systems, with such test being of a length and 
        difficulty that acknowledges the reduced operational complexity 
        and low risk of micro unmanned aircraft systems;
            ``(6) not over unprotected persons uninvolved in its 
        operation; and
            ``(7) at least 5 statute miles from the geographic center 
        of a tower-controlled airport or airport denoted on a current 
        Federal Aviation Administration-published aeronautical chart, 
        except that a micro unmanned aircraft system may be operated 
        closer than 5 statute miles to the airport if the operator--
                    ``(A) provides prior notice to the airport 
                operator; and
                    ``(B) receives, for a tower-controlled airport, 
                prior approval from the air traffic control facility 
                located at the airport.
    ``(c) Consultation.--
            ``(1) In general.--In developing recommendations for 
        recommended regulations under subsection (a), the aviation 
        rulemaking advisory committee shall consult with--
                    ``(A) unmanned aircraft systems stakeholders, 
                including manufacturers of micro unmanned aircraft 
                systems;
                    ``(B) community-based aviation organizations;
                    ``(C) the Center of Excellence for Unmanned 
                Aircraft Systems; and
                    ``(D) appropriate Federal agencies.
            ``(2) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to an aviation rulemaking advisory 
        committee chartered under this section.
    ``(d) Rulemaking.--Not later than 180 days after the date of 
receipt of the recommendations under subsection (a), the Administrator 
shall issue regulations incorporating recommendations of the aviation 
rulemaking advisory committee that provide for the operation of micro 
unmanned aircraft systems in the United States--
            ``(1) without an airman certificate; and
            ``(2) without an airworthiness certificate for the 
        associated unmanned aircraft.
    ``(e) Scope of Regulations.--
            ``(1) In general.--In determining whether a person may 
        operate an unmanned aircraft system under 1 or more of the 
        circumstances described under paragraphs (1) through (3) of 
        subsection (b), the Administrator shall use a risk-based 
        approach and consider, at a minimum, the physical and 
        functional characteristics of the unmanned aircraft system.
            ``(2) Limitation.--The Administrator may only issue 
        regulations under this section for unmanned aircraft systems 
        that the Administrator determines may be operated safely in the 
        national airspace system pursuant to those regulations.
    ``(f) Rules of Construction.--Nothing in this section may be 
construed--
            ``(1) to prohibit a person from operating an unmanned 
        aircraft system under a circumstance described under paragraphs 
        (1) through (3) of subsection (b) if--
                    ``(A) the circumstance is allowed by regulations 
                issued under this section; and
                    ``(B) the person operates the unmanned aircraft 
                system in a manner prescribed by the regulations; or
            ``(2) to limit or affect in any way the Administrator's 
        authority to conduct a rulemaking, make a determination, or 
        carry out any activity related to unmanned aircraft or unmanned 
        aircraft systems under any other provision of law.''.
    (b) Conforming Amendments.--
            (1) Repeals.--
                    (A) In general.--Sections 332(a), 332(b), 332(d), 
                333, 334, and 336 of the FAA Modernization and Reform 
                Act of 2012 (49 U.S.C. 40101 note) are repealed.
                    (B) Clerical amendment.--The items relating to 
                sections 333, 334, and 336 of the FAA Modernization and 
                Reform Act of 2012 (49 U.S.C. 40101 note) in the table 
                of contents contained in section 1(b) of that Act are 
                repealed.
            (2) Penalties.--Section 46301 of title 49, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A) by inserting 
                        ``chapter 455,'' after ``chapter 451,''; and
                            (ii) in paragraph (5)(A)(i) by striking 
                        ``or chapter 451,'' and inserting ``chapter 
                        451, chapter 455,'';
                    (B) in subsection (d)(2) by inserting ``chapter 
                455,'' after ``chapter 451,''; and
                    (C) in subsection (f)(1)(A)(i) by striking ``or 
                chapter 451'' and inserting ``chapter 451, or chapter 
                455''.
            (3) Clerical amendment.--The analysis for subtitle VII of 
        title 49, United States Code, is amended by inserting after the 
        item relating to chapter 453 the following:

``455. Unmanned aircraft systems............................   45501''.

SEC. 433. UNMANNED AIRCRAFT TEST RANGES.

    (a) Extension of Program.--Section 332(c)(1) of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended 
by striking ``September 30, 2019'' and inserting ``the date that is 6 
years after the date of enactment of the 21st Century AIRR Act''.
    (b) Sense-and-Avoid and Beyond Line of Sight Systems at Test 
Ranges.--
            (1) In general.--To the extent consistent with aviation 
        safety, the Administrator of the Federal Aviation 
        Administration shall permit and encourage flights of unmanned 
        aircraft equipped with sense-and-avoid and beyond line of sight 
        systems at the 6 test ranges designated under section 332(c) of 
        the FAA Modernization and Reform Act of 2012.
            (2) Waivers.--In carrying out paragraph (1), the 
        Administrator may waive the requirements of section 44711 of 
        title 49, United States Code, including related regulations, to 
        the extent consistent with aviation safety.
    (c)  Test Range Defined.--In this section, the term ``test range'' 
means a defined geographic area where research and development are 
conducted.

SEC. 434. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT SAFETY.

    It is the sense of Congress that--
            (1) the unauthorized operation of unmanned aircraft near 
        airports presents a serious hazard to aviation safety;
            (2) a collision between an unmanned aircraft and a 
        conventional aircraft in flight could jeopardize the safety of 
        persons aboard the aircraft and on the ground;
            (3) Federal aviation regulations, including sections 91.126 
        through 91.131 of title 14, Code of Federal Regulations, 
        prohibit unauthorized operation of an aircraft in controlled 
        airspace near an airport;
            (4) Federal aviation regulations, including section 91.13 
        of title 14, Code of Federal Regulations, prohibit the 
        operation of an aircraft in a careless or reckless manner so as 
        to endanger the life or property of another;
            (5) the Administrator of the Federal Aviation 
        Administration should pursue all available civil and 
        administrative remedies available to the Administrator, 
        including referrals to other government agencies for criminal 
        investigations, with respect to persons who operate unmanned 
        aircraft in an unauthorized manner;
            (6) the Administrator should place particular priority on 
        continuing measures, including partnerships with 
        nongovernmental organizations, to educate the public about the 
        dangers to the public safety of operating unmanned aircraft 
        near airports without the appropriate approvals or 
        authorizations; and
            (7) manufacturers and retail sellers of small unmanned 
        aircraft systems should take steps to educate consumers about 
        the safe and lawful operation of such systems.

SEC. 435. UAS PRIVACY REVIEW.

    (a) Review.--The Secretary of Transportation, in consultation with 
the heads of appropriate Federal agencies, appropriate State and local 
officials, and subject-matter experts and in consideration of relevant 
efforts led by the National Telecommunications and Information 
Administration, shall carry out a review to identify any potential 
reduction of privacy specifically caused by the integration of unmanned 
aircraft systems into the national airspace system.
    (b) Consultation.--In carrying out the review, the Secretary shall 
consult with the National Telecommunications and Information 
Administration of the Department of Commerce on its ongoing efforts 
responsive to the Presidential memorandum titled ``Promoting Economic 
Competitiveness While Safeguarding Privacy, Civil Rights, and Civil 
Liberties in Domestic Use of Unmanned Aircraft Systems'' and dated 
February 15, 2015.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the review required under subsection (a).

SEC. 436. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.

    (a) Public UAS Operations by Tribal Governments.--Section 
40102(a)(41) of title 49, United States Code, is amended by adding at 
the end the following:
                    ``(F) An unmanned aircraft that is owned and 
                operated by, or exclusively leased for at least 90 
                continuous days by, an Indian Tribal government, as 
                defined in section 102 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5122), except as provided in section 40125(b).''.
    (b) Conforming Amendment.--Section 40125(b) of title 49, United 
States Code, is amended by striking ``or (D)'' and inserting ``(D), or 
(F)''.

SEC. 437. EVALUATION OF AIRCRAFT REGISTRATION FOR SMALL UNMANNED 
              AIRCRAFT.

    (a) Metrics.--Beginning not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall develop and track metrics to assess compliance 
with and effectiveness of the registration of small unmanned aircraft 
systems by the Federal Aviation Administration pursuant to the interim 
final rule issued on December 16, 2015, entitled ``Registration and 
Marking Requirements for Small Unmanned Aircraft'' (80 Fed. Reg. 78593) 
and any subsequent final rule, including metrics with respect to--
            (1) the levels of compliance with the interim final rule 
        and any subsequent final rule;
            (2) the number of enforcement actions taken by the 
        Administration for violations of or noncompliance with the 
        interim final rule and any subsequent final rule, together with 
        a description of the actions; and
            (3) the effect of the interim final rule and any subsequent 
        final rule on compliance with any fees associated with the use 
        of small unmanned aircraft systems.
    (b) Evaluation.--The Inspector General of the Department of 
Transportation shall evaluate--
            (1) the Administration's progress in developing and 
        tracking the metrics set forth in subsection (a); and
            (2) the reliability, effectiveness, and efficiency of the 
        Administration's registration program for small unmanned 
        aircraft.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Inspector General of the Department of Transportation 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report containing--
            (1) the results of the evaluation required under subsection 
        (b); and
            (2) recommendations to the Administrator and Congress for 
        improvements to the registration process for small unmanned 
        aircraft.

SEC. 438. STUDY ON ROLES OF GOVERNMENTS RELATING TO LOW-ALTITUDE 
              OPERATION OF SMALL UNMANNED AIRCRAFT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Inspector General of the Department of Transportation 
shall initiate a study on--
            (1) the regulation and oversight of the low-altitude 
        operations of small unmanned aircraft and small unmanned 
        aircraft systems; and
            (2) the appropriate roles and responsibilities of Federal, 
        State, local, and Tribal governments in regulating and 
        overseeing the operations of small unmanned aircraft in 
        airspace 400 feet above ground level and below.
    (b) Considerations.--In carrying out the study, the Inspector 
General shall consider, at a minimum--
            (1) the recommendations of Task Group 1 of the Drone 
        Advisory Committee chartered by the Federal Aviation 
        Administration on August 31, 2016;
            (2) the legal and policy requirements necessary for the 
        safe and financially viable development and growth of the 
        unmanned aircraft industry;
            (3) the interests of Federal, State, local, and Tribal 
        governments affected by low-altitude operations of small 
        unmanned aircraft;
            (4) the existing authorities of Federal, State, local, and 
        Tribal governments to protect the interests referenced in 
        paragraph (3);
            (5) the degree of regulatory consistency required for the 
        safe and financially viable growth and development of the 
        unmanned aircraft industry;
            (6) the degree of local variance possible among regulations 
        consistent with the safe and financially viable growth and 
        development of the unmanned aircraft industry;
            (7) the appropriate roles of State, local, and Tribal 
        governments in regulating the operations of small unmanned 
        aircraft within the lateral boundaries of their jurisdiction in 
        the categories of airspace described in subsection (a)(2);
            (8) the subjects and types of regulatory authority that 
        should remain with the Federal Government;
            (9) the infrastructure requirements necessary for 
        monitoring the low-altitude operations of small unmanned 
        aircraft and enforcing applicable laws;
            (10) the number of small businesses involved in the various 
        sectors of the unmanned aircraft industry and operating as 
        primary users of small unmanned aircraft; and
            (11) any best practices, lessons learned, or policies of 
        jurisdictions outside the United States relating to local or 
        regional regulation and oversight of small unmanned aircraft 
        and other emergent technologies.
    (c) Report to Congress.--Not later than 180 days after initiating 
the study, the Inspector General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.

SEC. 439. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
initiate a study on appropriate fee mechanisms to recover the costs 
of--
            (1) the regulation and safety oversight of unmanned 
        aircraft and unmanned aircraft systems; and
            (2) the provision of air navigation services to unmanned 
        aircraft and unmanned aircraft systems.
    (b) Considerations.--In carrying out the study, the Comptroller 
General shall consider, at a minimum--
            (1) the recommendations of Task Group 3 of the Drone 
        Advisory Committee chartered by the Federal Aviation 
        Administration on August 31, 2016;
            (2) the total annual costs incurred by the Federal Aviation 
        Administration for the regulation and safety oversight of 
        activities related to unmanned aircraft;
            (3) the annual costs attributable to various types, 
        classes, and categories of unmanned aircraft activities;
            (4) air traffic services provided to unmanned aircraft 
        operating under instrument flight rules, excluding public 
        aircraft;
            (5) the number of full-time Federal Aviation Administration 
        employees dedicated to unmanned aircraft programs;
            (6) the use of privately operated UTM and other privately 
        operated unmanned aircraft systems;
            (7) the projected growth of unmanned aircraft operations 
        for various applications and the estimated need for regulation, 
        oversight, and other services;
            (8) the number of small businesses involved in the various 
        sectors of the unmanned aircraft industry and operating as 
        primary users of unmanned aircraft; and
            (9) any best practices or policies utilized by 
        jurisdictions outside the United States relating to partial or 
        total recovery of regulation and safety oversight costs related 
        to unmanned aircraft and other emergent technologies.
    (c) Report to Congress.--Not later than 180 days after initiating 
the study, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing recommendations on appropriate fee mechanisms to 
recover the costs of regulating and providing air navigation services 
to unmanned aircraft and unmanned aircraft systems.

SEC. 440. UPDATE OF FAA COMPREHENSIVE PLAN.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Secretary of Transportation shall update the 
comprehensive plan required by section 332 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note) to develop a concept of 
operations for the integration of unmanned aircraft into the national 
airspace system.
    (b) Considerations.--In carrying out the update, the Secretary 
shall consider, at a minimum--
            (1) the potential use of UTM and other technologies to 
        ensure the safe and lawful operation of unmanned aircraft in 
        the national airspace system;
            (2) the appropriate roles, responsibilities, and 
        authorities of government agencies and the private sector in 
        identifying and reporting unlawful or harmful operations and 
        operators of unmanned aircraft;
            (3) the use of models, threat assessments, probabilities, 
        and other methods to distinguish between lawful and unlawful 
        operations of unmanned aircraft; and
            (4) appropriate systems, training, intergovernmental 
        processes, protocols, and procedures to mitigate risks and 
        hazards posed by unlawful or harmful operations of unmanned 
        aircraft systems.
    (c) Consultation.--The Secretary shall carry out the update in 
consultation with representatives of the aviation industry, Federal 
agencies that employ unmanned aircraft systems technology in the 
national airspace system, and the unmanned aircraft systems industry.

SEC. 441. COOPERATION RELATED TO CERTAIN COUNTER-UAS TECHNOLOGY.

    In matters relating to the use of systems in the national airspace 
system intended to mitigate threats posed by errant or hostile unmanned 
aircraft system operations, the Secretary of Transportation shall 
consult with the Secretary of Defense to streamline deployment of such 
systems by drawing upon the expertise and experience of the Department 
of Defense in acquiring and operating such systems consistent with the 
safe and efficient operation of the national airspace system.

                   TITLE V--AIR SERVICE IMPROVEMENTS

           Subtitle A--Airline Customer Service Improvements

SEC. 501. RELIABLE AIR SERVICE IN AMERICAN SAMOA.

    Section 40109(g) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking subparagraph (C) and 
        inserting the following:
            ``(C) review the exemption at least every 30 days (or, in 
        the case of an exemption that is necessary to provide and 
        sustain air transportation in American Samoa between the 
        islands of Tutuila and Manu'a, at least every 180 days) to 
        ensure that the unusual circumstances that established the need 
        for the exemption still exist.''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Renewal of exemptions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary may renew an exemption 
                (including renewals) under this subsection for not more 
                than 30 days.
                    ``(B) Exception.--The Secretary may renew an 
                exemption (including renewals) under this subsection 
                that is necessary to provide and sustain air 
                transportation in American Samoa between the islands of 
                Tutuila and Manu'a for not more than 180 days.
            ``(4) Continuation of exemptions.--An exemption granted by 
        the Secretary under this subsection may continue for not more 
        than 5 days after the unusual circumstances that established 
        the need for the exemption cease.''.

SEC. 502. CELL PHONE VOICE COMMUNICATION BAN.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 41725. Prohibition on certain cell phone voice communications
    ``(a) Prohibition.--The Secretary of Transportation shall issue 
regulations--
            ``(1) to prohibit an individual on an aircraft from 
        engaging in voice communications using a mobile communications 
        device during a flight of that aircraft in scheduled passenger 
        interstate or intrastate air transportation; and
            ``(2) that exempt from the prohibition described in 
        paragraph (1) any--
                    ``(A) member of the flight crew on duty on an 
                aircraft;
                    ``(B) flight attendant on duty on an aircraft; and
                    ``(C) Federal law enforcement officer acting in an 
                official capacity.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) Flight.--The term `flight' means, with respect to an 
        aircraft, the period beginning when the aircraft takes off and 
        ending when the aircraft lands.
            ``(2) Mobile communications device.--
                    ``(A) In general.--The term `mobile communications 
                device' means any portable wireless telecommunications 
                equipment utilized for the transmission or reception of 
                voice data.
                    ``(B) Limitation.--The term `mobile communications 
                device' does not include a phone installed on an 
                aircraft.''.
    (b) Clerical Amendment.--The analysis for chapter 417 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 41724 the following:

``41725. Prohibition on certain cell phone voice communications.''.

SEC. 503. ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.

    Section 411 of the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 42301 prec. note) is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) independent distributors of travel;'';
            (2) in subsection (g) by striking ``first 2 calendar 
        years'' and inserting ``first 6 calendar years''; and
            (3) in subsection (h) by striking ``September 30, 2017'' 
        and inserting ``September 30, 2023''.

SEC. 504. IMPROVED NOTIFICATION OF INSECTICIDE USE.

    Section 42303(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) Required Disclosures.--An air carrier, foreign air carrier, 
or ticket agent selling, in the United States, a ticket for a flight in 
foreign air transportation to a country listed on the internet website 
established under subsection (a) shall--
            ``(1) disclose, on its own internet website or through 
        other means, that the destination country may require the air 
        carrier or foreign air carrier to treat an aircraft passenger 
        cabin with insecticides prior to the flight or to apply an 
        aerosol insecticide in an aircraft cabin used for such a flight 
        when the cabin is occupied with passengers; and
            ``(2) refer the purchaser of the ticket to the internet 
        website established under subsection (a) for additional 
        information.''.

SEC. 505. ADVERTISEMENTS AND DISCLOSURE OF FEES FOR PASSENGER AIR 
              TRANSPORTATION.

    (a) Full Fare Advertising.--
            (1) In general.--Section 41712 of title 49, United States 
        Code, is amended by adding at the end the following:
    ``(d) Full Fare Advertising.--
            ``(1) In general.--It shall not be an unfair or deceptive 
        practice under subsection (a) for a covered entity to state in 
        an advertisement or solicitation for passenger air 
        transportation the base airfare for the air transportation if 
        the covered entity clearly and separately discloses--
                    ``(A) the government-imposed fees and taxes 
                associated with the air transportation; and
                    ``(B) the total cost of the air transportation.
            ``(2) Form of disclosure.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the information described in paragraphs (1)(A) and 
                (1)(B) shall be disclosed in the advertisement or 
                solicitation in a manner that clearly presents the 
                information to the consumer.
                    ``(B) Internet advertisements and solicitations.--
                For purposes of paragraph (1), with respect to an 
                advertisement or solicitation for passenger air 
                transportation that appears on an internet website or a 
                mobile application, the information described in 
                paragraphs (1)(A) and (1)(B) may be disclosed through a 
                link or pop-up, as such terms may be defined by the 
                Secretary, that displays the information in a manner 
                that is easily accessible and viewable by the consumer.
            ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Base airfare.--The term `base airfare' means 
                the cost of passenger air transportation, excluding 
                government-imposed fees and taxes.
                    ``(B) Covered entity.--The term `covered entity' 
                means an air carrier, including an indirect air 
                carrier, foreign air carrier, ticket agent, or other 
                person offering to sell tickets for passenger air 
                transportation or a tour or tour component that must be 
                purchased with air transportation.''.
            (2) Limitation on statutory construction.--Nothing in the 
        amendment made by paragraph (1) may be construed to affect any 
        obligation of a person that sells air transportation to 
        disclose the total cost of the air transportation, including 
        government-imposed fees and taxes, prior to purchase of the air 
        transportation.
            (3) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        issue final regulations to carry out the amendment made by 
        paragraph (1).
            (4) Effective date.--This subsection, and the amendments 
        made by this subsection, shall take effect on the earlier of--
                    (A) the effective date of regulations issued under 
                paragraph (3); and
                    (B) the date that is 180 days after the date of 
                enactment of this Act.
    (b) Disclosure of Fees.--Section 41712 of title 49, United States 
Code, as amended by this section, is further amended by adding at the 
end the following:
    ``(e) Disclosure of Fees.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for any air carrier, foreign air 
        carrier, or ticket agent to fail to include, in an internet 
        fare quotation for a specific itinerary in air transportation 
        selected by a consumer--
                    ``(A) a clear and prominent statement that 
                additional fees for checked baggage and carry-on 
                baggage may apply; and
                    ``(B) a prominent link that connects directly to a 
                list of all such fees.
            ``(2) Savings provision.--Nothing in this subsection may be 
        construed to derogate or limit any responsibilities of an air 
        carrier, foreign air carrier, or ticket agent under section 
        399.85 of title 14, Code of Federal Regulations, or any 
        successor provision.''.

SEC. 506. INVOLUNTARILY BUMPING PASSENGERS AFTER AIRCRAFT BOARDED.

    Section 41712 of title 49, United States Code, as amended by this 
Act, is further amended by adding at the end the following:
    ``(f) Involuntarily Denied Boarding After Aircraft Boarded.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for an air carrier or foreign air 
        carrier subject to part 250 of title 14, Code of Federal 
        Regulations, to involuntarily deplane a revenue passenger 
        onboard an aircraft, if the revenue passenger--
                    ``(A) is traveling on a confirmed reservation; and
                    ``(B) checked-in for the relevant flight prior to 
                the check-in deadline.
            ``(2) Savings provision.--Nothing in this subsection may be 
        construed to limit the authority of an air carrier, foreign air 
        carrier, or airman to remove a passenger in accordance with--
                    ``(A) section 91.3, 121.533(d), or 121.580 of title 
                14, Code of Federal Regulations, or any successor 
                provision; or
                    ``(B) any other applicable Federal, State, or local 
                law.''.

SEC. 507. AVAILABILITY OF CONSUMER RIGHTS INFORMATION.

    Section 42302(b) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking ``on 
        the'' and inserting ``in a prominent place on the homepage of 
        the primary'';
            (2) in paragraph (2) by striking ``and'' at the end;
            (3) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) the air carrier's customer service plan.''.

SEC. 508. CONSUMER COMPLAINTS HOTLINE.

    Section 42302 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Use of New Technologies.--The Secretary shall periodically 
evaluate the benefits of using mobile phone applications or other 
widely used technologies to provide new means for air passengers to 
communicate complaints in addition to the telephone number established 
under subsection (a) and shall provide such new means as the Secretary 
determines appropriate.''.

SEC. 509. WIDESPREAD DISRUPTIONS.

    (a) In General.--Chapter 423 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 42304. Widespread disruptions
    ``(a) General Requirements.--In the event of a widespread 
disruption, a covered air carrier shall immediately publish, via a 
prominent link on the air carrier's public internet website, a clear 
statement indicating whether, with respect to a passenger of the air 
carrier whose travel is interrupted as a result of the widespread 
disruption, the air carrier will--
            ``(1) provide for hotel accommodations;
            ``(2) arrange for ground transportation;
            ``(3) provide meal vouchers;
            ``(4) arrange for air transportation on another air carrier 
        or foreign air carrier to the passenger's destination; and
            ``(5) provide for sleeping facilities inside the airport 
        terminal.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) Widespread disruption.--The term `widespread 
        disruption' means, with respect to a covered air carrier, the 
        interruption of all or the overwhelming majority of the air 
        carrier's systemwide flight operations, including flight delays 
        and cancellations, as the result of the failure of 1 or more 
        computer systems or computer networks of the air carrier.
            ``(2) Covered air carrier.--The term `covered air carrier' 
        means an air carrier that provides scheduled passenger air 
        transportation by operating an aircraft that as originally 
        designed has a passenger capacity of 30 or more seats.
    ``(c) Savings Provision.--Nothing in this section may be construed 
to modify, abridge, or repeal any obligation of an air carrier under 
section 42301.''.
    (b) Conforming Amendment.--The analysis for chapter 423 of title 
49, United States Code, is amended by adding at the end the following:

``42304. Widespread disruptions.''.

SEC. 510. INVOLUNTARILY DENIED BOARDING COMPENSATION.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue a final rule to revise part 250 
of title 14, Code of Federal Regulations, to clarify that--
            (1) there is not a maximum level of compensation an air 
        carrier or foreign air carrier may pay to a passenger who is 
        involuntarily denied boarding as the result of an oversold 
        flight;
            (2) the compensation levels set forth in that part are the 
        minimum levels of compensation an air carrier or foreign air 
        carrier must pay to a passenger who is involuntarily denied 
        boarding as the result of an oversold flight; and
            (3) an air carrier or foreign air carrier must proactively 
        offer to pay compensation to a passenger who is voluntarily or 
        involuntarily denied boarding on an oversold flight, rather 
        than waiting until the passenger requests the compensation.

SEC. 511. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.

    (a) Study.--The Secretary of Transportation shall conduct a study 
on the feasibility and advisability of modifying regulations contained 
in section 234.11 of title 14, Code of Federal Regulations, to ensure 
that--
            (1) a reporting carrier (including its contractors), during 
        the course of a reservation or ticketing discussion or other 
        inquiry, discloses to a consumer upon reasonable request the 
        projected period between the actual wheels-off and wheels-on 
        times for a reportable flight; and
            (2) a reporting carrier displays, on the public internet 
        website of the carrier, information on the actual wheels-off 
        and wheels-on times during the most recent calendar month for a 
        reportable flight.
    (b) Definitions.--In this section, the terms ``reporting carrier'' 
and ``reportable flight'' have the meanings given those terms in 
section 234.2 of title 14, Code of Federal Regulations (as in effect on 
the date of enactment of this Act).
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the study.

SEC. 512. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR AMBULANCE 
              INDUSTRY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish an 
advisory committee to make recommendations for a rulemaking--
            (1) to require air ambulance operators to clearly disclose 
        charges for air transportation services separately from charges 
        for non-air transportation services within any invoice or bill; 
        and
            (2) to provide other consumer protections for customers of 
        air ambulance operators.
    (b) Composition of the Advisory Committee.--The advisory committee 
shall be composed of the following members:
            (1) The Secretary of Transportation.
            (2) 1 representative, to be appointed by the Secretary, of 
        each of the following:
                    (A) Each relevant Federal agency, as determined by 
                the Secretary.
                    (B) Air ambulance operators.
                    (C) State insurance regulators.
                    (D) Health insurance providers.
                    (E) Consumer groups.
    (c) Recommendations.--The advisory committee shall make 
recommendations with respect to each of the following:
            (1) Cost-allocation methodologies needed to ensure that 
        charges for air transportation services are separated from 
        charges for non-air transportation services.
            (2) Cost- or price-allocation methodologies to prevent 
        commingling of charges for air transportation services and 
        charges for non-air transportation services in bills and 
        invoices.
            (3) Formats for bills and invoices to ensure that customers 
        and State insurance regulators can clearly distinguish between 
        charges for air transportation services and charges for non-air 
        transportation services.
            (4) Data or industry references related to aircraft 
        operating costs to be used in determining the proper allocation 
        of charges for air transportation services and charges for non-
        air transportation services.
            (5) Guidance materials to instruct States, political 
        subdivisions of States, and political authorities of 2 or more 
        States on referring to the Secretary allegations of unfair or 
        deceptive practices or unfair methods of competition by air 
        ambulance operators.
            (6) Protections for customers of air ambulance operators, 
        after consideration of the circumstances in which the services 
        of air ambulance operators are used.
            (7) Protections of proprietary cost data from inappropriate 
        public disclosure.
            (8) Such other matters as the Secretary determines 
        necessary or appropriate.
    (d) Report.--Not later than 180 days after the date of the first 
meeting of the advisory committee, the advisory committee shall submit 
to the Secretary, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report containing the 
recommendations made under subsection (c).
    (e) Rulemaking.--Not later than 180 days after the date of receipt 
of the report under subsection (d), the Secretary shall consider the 
recommendations of the advisory committee and issue a final rule--
            (1) to require air ambulance operators to clearly disclose 
        charges for air transportation services separately from charges 
        for non-air transportation services within any invoice or bill; 
        and
            (2) to provide other consumer protections for customers of 
        air ambulance operators.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Air ambulance operator.--The term ``air ambulance 
        operator'' means an air carrier operating pursuant to part 135 
        of title 14, Code of Federal Regulations, that provides 
        medical, ambulance, or related services.
            (2) Non-air transportation services.--The term ``non-air 
        transportation services'' means those services provided by air 
        ambulance operators but not other air carriers operating 
        pursuant to part 135 of title 14, Code of Federal Regulations.
    (g) Termination.--The advisory committee shall terminate on the 
date of submission of the report under subsection (d).
    (h) Nature of Air Ambulance Services.--The non-air transportation 
services of air ambulance operators and prices thereof are neither 
services nor prices of an air carrier for purposes of section 41713 of 
title 49, United States Code.

SEC. 513. AIR AMBULANCE COMPLAINTS.

    (a) Consumer Complaints.--Section 42302 of title 49, United States 
Code, is amended--
            (1) in subsection (a) by inserting ``(including 
        transportation by air ambulance)'' after ``air 
        transportation'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, and an air ambulance 
                        operator,'' after ``passenger seats''; and
                            (ii) by inserting ``or operator'' after 
                        ``Internet Web site of the carrier''; and
                    (B) in paragraph (2) by inserting ``or operator'' 
                after ``mailing address of the air carrier''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Notice to Passengers on Boarding or Billing Documentation.--
            ``(1) Air carriers and foreign air carriers.--An air 
        carrier or foreign air carrier providing scheduled air 
        transportation using any aircraft that as originally designed 
        has a passenger capacity of 30 or more passenger seats shall 
        include the hotline telephone number established under 
        subsection (a) on--
                    ``(A) prominently displayed signs of the carrier at 
                the airport ticket counters in the United States where 
                the air carrier operates; and
                    ``(B) any electronic confirmation of the purchase 
                of a passenger ticket for air transportation issued by 
                the air carrier.
            ``(2) Air ambulance operators.--An air ambulance operator 
        shall include the hotline telephone number established under 
        subsection (a) on any invoice, bill, or other communication 
        provided to a passenger or customer of the operator.''.
    (b) Unfair and Deceptive Practices and Unfair Methods of 
Competition.--Section 41712(a) of title 49, United States Code, is 
amended--
            (1) by inserting ``air ambulance customer,'' after 
        ``foreign air carrier,'' the first place it appears; and
            (2) by adding at the end the following: ``In this 
        subsection, the term `air carrier' includes an air ambulance 
        operator and the term `air transportation' includes any 
        transportation provided by an air ambulance.''.

SEC. 514. PASSENGER RIGHTS.

    (a) Guidelines.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall require each air 
carrier to submit for approval a 1-page document that accurately 
describes the rights of passengers in air transportation, including 
guidelines for the following:
            (1) Compensation (regarding rebooking options, refunds, 
        meals, and lodging) for flight delays of various lengths.
            (2) Compensation (regarding rebooking options, refunds, 
        meals, and lodging) for flight cancellations.
            (3) Compensation for mishandled baggage, including delayed, 
        damaged, pilfered, or lost baggage.
            (4) Voluntary relinquishment of a ticketed seat due to 
        overbooking or priority of other passengers.
            (5) Involuntary denial of boarding and forced removal for 
        whatever reason, including for safety and security reasons.
    (b) Approval of Guidelines.--Not later than 90 days after each air 
carrier submits its guidelines for approval to the Secretary under 
subsection (a), the air carrier shall make available such 1-page 
document on its website.

            Subtitle B--Aviation Consumers With Disabilities

SEC. 541. SELECT SUBCOMMITTEE.

    Section 411 of the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 42301 prec. note), as amended by this Act, is further amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Select Subcommittee for Aviation Consumers With 
Disabilities.--
            ``(1) In general.--The Secretary shall establish a select 
        subcommittee of the advisory committee to advise the Secretary 
        and the advisory committee on issues related to the air travel 
        needs of passengers with disabilities.
            ``(2) Duties.--The select subcommittee shall--
                    ``(A) identify the disability-related access 
                barriers encountered by passengers with disabilities;
                    ``(B) determine the extent to which the programs 
                and activities of the Department of Transportation are 
                addressing the barriers identified under subparagraph 
                (A);
                    ``(C) recommend consumer protection improvements 
                related to the air travel experience of passengers with 
                disabilities;
                    ``(D) advise the Secretary with regard to the 
                implementation of section 41705 of title 49, United 
                States Code; and
                    ``(E) conduct such other activities as the 
                Secretary considers necessary to carry out this 
                subsection.
            ``(3) Membership.--
                    ``(A) Composition.--The select subcommittee shall 
                be composed of members appointed by the Secretary, 
                including at least 1 individual representing each of 
                the following:
                            ``(i) National disability organizations.
                            ``(ii) Air carriers and foreign air 
                        carriers with flights in air transportation.
                            ``(iii) Airport operators.
                            ``(iv) Contractor service providers.
                    ``(B) Inclusion.--A member of the select 
                subcommittee may also be a member of the advisory 
                committee.
            ``(4) Reports.--
                    ``(A) In general.--Not later than 1 year after the 
                date of establishment of the select subcommittee, the 
                select subcommittee shall submit to the advisory 
                committee and the Secretary a report on the air travel 
                needs of passengers with disabilities that includes--
                            ``(i) an assessment of existing disability-
                        related access barriers and any emerging 
                        disability-related access barriers that will 
                        likely be an issue in the next 5 years;
                            ``(ii) an evaluation of the extent to which 
                        the programs and activities of the Department 
                        of Transportation are eliminating disability-
                        related access barriers;
                            ``(iii) a description of consumer 
                        protection improvements related to the air 
                        travel experience of passengers with 
                        disabilities; and
                            ``(iv) any recommendations for legislation, 
                        regulations, or other actions that the select 
                        subcommittee considers appropriate.
                    ``(B) Report to congress.--Not later than 60 days 
                after the date on which the Secretary receives the 
                report under subparagraph (A), the Secretary shall 
                submit to Congress a copy of the report, including any 
                additional findings or recommendations that the 
                Secretary considers appropriate.
            ``(5) Chairperson.--The Secretary shall designate, from 
        among the individuals appointed under paragraph (3), an 
        individual to serve as chairperson of the select subcommittee.
            ``(6) Vacancies and travel expenses.--Subsections (c) and 
        (d) shall apply to the select subcommittee.
            ``(7) Termination.--The select subcommittee established 
        under this subsection shall terminate upon submission of the 
        report required under paragraph (4)(A).''.

SEC. 542. AVIATION CONSUMERS WITH DISABILITIES STUDY.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct a 
study that includes--
            (1) a review of airport accessibility best practices for 
        individuals with disabilities, including best practices that 
        improve infrastructure facilities and communications methods, 
        including those related to wayfinding, amenities, and passenger 
        care;
            (2) a review of air carrier and airport training policies 
        related to section 41705 of title 49, United States Code;
            (3) a review of air carrier training policies related to 
        properly assisting passengers with disabilities; and
            (4) a review of accessibility best practices that exceed 
        those recommended under Public Law 90-480 (popularly known as 
        the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et 
        seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), 
        the Air Carrier Access Act of 1986 (Public Law 99-435; 100 
        Stat. 1080 et seq.), and the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Secretary of 
Transportation, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the study, including 
findings and recommendations.

SEC. 543. FEASIBILITY STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.

    (a) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Architectural and Transportation Barriers Compliance Board, aircraft 
manufacturers, and air carriers, shall conduct a study to determine--
            (1) the feasibility of in-cabin wheelchair restraint 
        systems; and
            (2) if feasible, the ways in which individuals with 
        significant disabilities using wheelchairs, including power 
        wheelchairs, can be accommodated with in-cabin wheelchair 
        restraint systems.
    (b) Report.--Not later than 1 year after the initiation of the 
study under subsection (a), the Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings of the study.

SEC. 544. ACCESS ADVISORY COMMITTEE RECOMMENDATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue a notice of 
proposed rulemaking addressing--
            (1) accommodations for air travelers with disabilities with 
        respect to in-flight entertainment;
            (2) accessible lavatories on single-aisle aircraft; and
            (3) service animals.
    (b) Rulemaking.--Not later than 1 year after the date on which the 
notice of proposed rulemaking is issued, the Secretary shall publish a 
final rule based on such notice.

                Subtitle C--Small Community Air Service

SEC. 551. ESSENTIAL AIR SERVICE AUTHORIZATION.

    Section 41742(a)(2) of title 49, United States Code, is amended by 
striking ``$150,000,000 for fiscal year 2011'' and all that follows 
before ``to carry out'' and inserting ``$178,000,000 for fiscal year 
2018, $182,000,000 for fiscal year 2019, $185,000,000 for fiscal year 
2020, $327,000,000 for fiscal year 2021, $337,000,000 for fiscal year 
2022, and $347,000,000 for fiscal year 2023''.

SEC. 552. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT 
              ELIGIBILITY.

    Section 409(d) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking 
``September 30, 2017'' and inserting ``September 30, 2023''.

SEC. 553. STUDY ON ESSENTIAL AIR SERVICE REFORM.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the effects of section 6 of the 
        Airport and Airway Extension Act of 2011, Part IV (Public Law 
        112-27), section 421 of the FAA Modernization and Reform Act of 
        2012 (Public Law 112-95), and other relevant Federal laws 
        enacted after 2010, including the amendments made by those 
        laws, on the Essential Air Service program.
            (2) Scope.--In conducting the study under paragraph (1), 
        the Comptroller General shall analyze, at a minimum--
                    (A) the impact of each relevant Federal law, 
                including the amendments made by each law, on the 
                Essential Air Service program;
                    (B) what actions communities and air carriers have 
                taken to reduce ticket prices or increase enplanements 
                as a result of each law;
                    (C) the issuance of waivers by the Secretary under 
                section 41731(e) of title 49, United States Code;
                    (D) whether budgetary savings resulted from each 
                law; and
                    (E) options for further reform of the Essential Air 
                Service program.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under subsection (a).

SEC. 554. SMALL COMMUNITY AIR SERVICE.

    (a) Eligibility.--Section 41743(c) of title 49, United States Code, 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Size.--On the date of submission of the relevant 
        application under subsection (b), the airport serving the 
        community or consortium--
                    ``(A) is not larger than a small hub airport, as 
                determined using the Department of Transportation's 
                most recently published classification; and
                    ``(B) has--
                            ``(i) insufficient air carrier service; or
                            ``(ii) unreasonably high air fares.'';
            (2) in paragraph (4)--
                    (A) by striking ``once,'' and inserting ``once in a 
                10-year period,''; and
                    (B) by inserting ``at any time'' after ``different 
                project''; and
            (3) in paragraph (5)--
                    (A) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) the assistance will be used to help restore 
                scheduled passenger air service that has been 
                terminated;''.
    (b) Authorization of Appropriations.--Section 41743(e)(2) of title 
49, United States Code, is amended to read as follows:
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $10,000,000 for each of 
        fiscal years 2018 through 2023 to carry out this section, of 
        which $4,800,000 per fiscal year shall be used to carry out the 
        pilot program established under subsection (i). Such sums shall 
        remain available until expended.''.
    (c) Regional Air Transportation Pilot Program.--Section 41743 of 
title 49, United States Code, is amended by adding at the end the 
following:
    ``(i) Regional Air Transportation Pilot Program.--
            ``(1) Establishment.--The Secretary shall establish a 
        regional air transportation pilot program to provide operating 
        assistance to air carriers in order to provide air service to 
        communities not receiving sufficient air carrier service.
            ``(2) Grants.--The Secretary shall provide grants under the 
        program to encourage and maintain air service at reasonable 
        airfares between communities that have experienced, as 
        determined by the Secretary, significant declines in air 
        service.
            ``(3) Application required.--In order to participate in the 
        program, a State, local government, economic development 
        authority, or other public entity shall submit to the Secretary 
        an application, in a manner that the Secretary prescribes, that 
        contains--
                    ``(A) an identification of an air carrier that has 
                provided a written agreement to provide the air service 
                in partnership with the applicant;
                    ``(B) assurances that the applicant will provide 
                the non-Federal share and that the non-Federal share is 
                not derived from airport revenue;
                    ``(C) a proposed route structure serving not more 
                than 8 communities; and
                    ``(D) a timeline for commencing the air service to 
                the communities within the proposed route structure.
            ``(4) Criteria for participation.--The Secretary may 
        approve up to 3 applications each fiscal year, subject to the 
        availability of funds, if the Secretary determines that--
                    ``(A) the proposal of the applicant can reasonably 
                be expected to encourage and improve levels of air 
                service between the relevant communities;
                    ``(B) the applicant has adequate financial 
                resources to ensure the commitment to the communities;
                    ``(C) the airports serving the communities are 
                nonhub, small hub, or medium hub airports, as 
                determined using the Department of Transportation's 
                most recently published classifications; and
                    ``(D) the air carrier commits to serving the 
                communities for at least 2 years.
            ``(5) Priorities.--The Secretary shall prioritize 
        applications that--
                    ``(A) would initiate new or reestablish air service 
                in communities where air fares are higher than the 
                average air fares for all communities;
                    ``(B) are more likely to result in self-sustaining 
                air service at the end of the program;
                    ``(C) request a Federal share lower than 50 
                percent; and
                    ``(D) propose to use grant funds in a timely 
                fashion.
            ``(6) Federal share.--The Federal share of the cost of 
        operating assistance provided under the program may not exceed 
        50 percent.
            ``(7) Sunset.--This subsection shall cease to be effective 
        on October 1, 2023.''.

SEC. 555. AIR TRANSPORTATION TO NONELIGIBLE PLACES.

    (a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49, United 
States Code, is amended by striking ``Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century,'' and inserting ``FAA 
Extension, Safety, and Security Act of 2016 (Public Law 114-190),''.
    (b) Program Sunset.--Section 41736 of title 49, United States Code, 
is amended by adding at the end the following:
    ``(h) Sunset.--
            ``(1) Proposals.--No proposal under subsection (a) may be 
        accepted by the Secretary after the date of enactment of this 
        subsection.
            ``(2) Program.--The Secretary may not provide any 
        compensation under this section after the date that is 2 years 
        after the date of enactment of this subsection.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. REVIEW OF FAA STRATEGIC CYBERSECURITY PLAN.

    (a) In General.--Not later than 120 days after the date on which 
the Interim Chief Executive Officer (CEO) of the American Air 
Navigation Services Corporation is hired, the Administrator of the 
Federal Aviation Administration, in consultation with the Interim CEO 
(or the CEO of the American Air Navigation Services Corporation, as 
appropriate), shall initiate a review of the comprehensive and 
strategic framework of principles and policies (referred to in this 
section as the ``framework'') developed pursuant to section 2111 of the 
FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44903 note).
    (b) Contents.--In undertaking the review, the Administrator shall--
            (1) determine how the framework should be updated to 
        reflect the transfer from the Federal Aviation Administration 
        to the American Air Navigation Services Corporation of 
        operational control of air traffic services within United 
        States airspace and international airspace delegated to the 
        United States; and
            (2) modify the framework to support the Federal Aviation 
        Administration in establishing cybersecurity standards to 
        assist the American Air Navigation Services Corporation in 
        responsibilities associated with managing air traffic services 
        in a secure manner after the date of transfer (as defined in 
        section 90101(a) of title 49, United States Code, as added by 
        this Act).
    (c) Report to Congress.--Not later than 120 days after initiating 
the review required by subsection (a), the Administrator shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the review, 
including a description of any modifications made to the framework.

SEC. 602. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND FACILITIES.

    (a) In General.--Section 804(a) of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 44501 note) is amended--
            (1) in paragraph (2) by striking ``The purpose of the 
        report shall be--'' and all that follows through ``(B) to 
        reduce'' and inserting ``The purpose of the report shall be to 
        reduce''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Input.--The report shall be prepared by the 
        Administrator (or the Administrator's designee) with the 
        participation of--
                    ``(A) representatives of labor organizations 
                representing air traffic control system employees of 
                the FAA; and
                    ``(B) industry stakeholders.''.
    (b) FAA Air Traffic Control Facility Consolidation and Realignment 
Projects.--Notwithstanding section 90317(c) of title 49, United States 
Code, as added by this Act, the Secretary of Transportation shall 
continue to carry out any consolidation or realignment project 
commenced under section 804 of the FAA Modernization and Reform Act of 
2012.

SEC. 603. FAA REVIEW AND REFORM.

    (a) Agency Report.--Not later than 60 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a detailed analysis 
of any actions taken to address the findings and recommendations 
included in the report required under section 812(d) of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 106 note), including--
            (1) consolidating, phasing-out, or eliminating duplicative 
        positions, programs, roles, or offices;
            (2) eliminating or streamlining wasteful practices;
            (3) eliminating or phasing-out redundant, obsolete, or 
        unnecessary functions;
            (4) reforming and streamlining inefficient processes so 
        that the activities of the Administration are completed in an 
        expedited and efficient manner; and
            (5) reforming or eliminating ineffectual or outdated 
        policies.
    (b) Additional Review.--Not later than 1 year after the date of 
transfer, as defined in section 90101(a) of title 49, United States 
Code, as added by this Act, the Administrator shall undertake and 
complete a thorough review of each program, office, and organization 
within the Administration to identify--
            (1) duplicative positions, programs, roles, or offices;
            (2) wasteful practices;
            (3) redundant, obsolete, or unnecessary functions;
            (4) inefficient processes; and
            (5) ineffectual or outdated policies.
    (c) Actions To Streamline and Reform FAA.--Not later than 60 days 
after the date of completion of the review under subsection (b), the 
Administrator shall undertake such actions as may be necessary to 
address the findings of the Administrator under such subsection.
    (d) Report to Congress.--Not later than 120 days after the date of 
completion of the review under subsection (b), the Administrator shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the actions taken by the 
Administrator pursuant to subsection (c), including any recommendations 
for legislative or administrative actions.

SEC. 604. AVIATION FUEL.

    (a) Use of Unleaded Aviation Gasoline.--The Administrator of the 
Federal Aviation Administration shall allow the use of an unleaded 
aviation gasoline in an aircraft as a replacement for a leaded gasoline 
if the Administrator--
            (1) determines that an unleaded aviation gasoline qualifies 
        as a replacement for an approved leaded gasoline;
            (2) identifies the aircraft and engines that are eligible 
        to use the qualified replacement unleaded gasoline; and
            (3) adopts a process (other than the traditional means of 
        certification) to allow eligible aircraft and engines to 
        operate using qualified replacement unleaded gasoline in a 
        manner that ensures safety.
    (b) Timing.--The Administrator shall adopt the process described in 
subsection (a)(3) not later than 180 days after the later of--
            (1) the date of completion of the Piston Aviation Fuels 
        Initiative of the Administration; or
            (2) the date of publication of an American Society for 
        Testing and Materials Production Specification for an unleaded 
        aviation gasoline.
    (c) Sense of Congress.--It is the sense of Congress that the Piston 
Aviation Fuels Initiative of the Administration and the American 
Society for Testing and Materials should work to find an appropriate 
unleaded aviation gasoline by January 1, 2023.

SEC. 605. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL SYSTEM.

    Notwithstanding any other provision of law, the Administrator of 
the Federal Aviation Administration shall, upon request of a private 
aircraft owner or operator, block the registration number of the 
aircraft of the owner or operator from any public dissemination or 
display, except in data made available to a Government agency, for the 
noncommercial flights of the owner or operator.

SEC. 606. AIR SHOWS.

    On an annual basis, the Administrator of the Federal Aviation 
Administration shall work with representatives of Administration-
approved air shows, the general aviation community, and stadiums and 
other large outdoor events and venues to identify and resolve, to the 
maximum extent practicable, scheduling conflicts between 
Administration-approved air shows and large outdoor events and venues 
where--
            (1) flight restrictions will be imposed pursuant to section 
        521 of title V of division F of Public Law 108-199 (118 Stat. 
        343); or
            (2) any other restriction will be imposed pursuant to 
        Federal Aviation Administration Flight Data Center Notice to 
        Airmen 4/3621 (or any successor notice to airmen).

SEC. 607. PART 91 REVIEW, REFORM, AND STREAMLINING.

    (a) Establishment of Task Force.--Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall establish a task force comprised of 
representatives of the general aviation industry who regularly perform 
part 91 operations, labor unions (including those representing FAA 
aviation safety inspectors and FAA aviation safety engineers), 
manufacturers, and the Government to--
            (1) conduct an assessment of the FAA oversight and 
        authorization processes and requirements for aircraft under 
        part 91; and
            (2) make recommendations to streamline the applicable 
        authorization and approval processes, improve safety, and 
        reduce regulatory cost burdens and delays for the FAA and 
        aircraft owners and operators who operate pursuant to part 91.
    (b) Contents.--In conducting the assessment and making 
recommendations under subsection (a), the task force shall consider--
            (1) process reforms and improvements to allow the FAA to 
        review and approve applications in a fair and timely fashion;
            (2) the appropriateness of requiring an authorization for 
        each experimental aircraft rather than using a broader all 
        makes and models approach;
            (3) ways to improve the timely response to letters of 
        authorization applications for aircraft owners and operators 
        who operate pursuant to part 91, including setting deadlines 
        and granting temporary or automatic authorizations if deadlines 
        are missed by the FAA;
            (4) methods for enhancing the effective use of delegation 
        systems;
            (5) methods for training the FAA's field office employees 
        in risk-based and safety management system oversight; and
            (6) such other matters related to streamlining part 91 
        authorization and approval processes as the task force 
        considers appropriate.
    (c) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        task force's assessment.
            (2) Contents.--The report shall include an explanation of 
        how the Administrator will--
                    (A) implement the recommendations of the task 
                force;
                    (B) measure progress in implementing the 
                recommendations; and
                    (C) measure the effectiveness of the implemented 
                recommendations.
    (d) Implementation of Recommendations.--Not later than 18 months 
after the date of enactment of this Act, the Administrator shall 
implement the recommendations made under this section.
    (e) Definitions.--In this section, the following definitions apply:
            (1) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (2) Part 91.--The term ``part 91'' means part 91 of title 
        14, Code of Federal Regulations.
    (f) Applicable Law.--Public Law 92-463 shall not apply to the task 
force.
    (g) Sunset.--The task force shall terminate on the day the 
Administrator submits the report required under subsection (c).

SEC. 608. AIRCRAFT REGISTRATION.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall initiate 
a rulemaking to increase the duration of aircraft registrations for 
noncommercial general aviation aircraft to 10 years.

SEC. 609. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

    (a) Cooperative Efforts To Ensure Compliance With Safety 
Regulations.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with appropriate Federal agencies, shall carry out 
        cooperative efforts to ensure that shippers who offer lithium 
        ion and lithium metal batteries for air transport to or from 
        the United States comply with U.S. Hazardous Materials 
        Regulations and ICAO Technical Instructions.
            (2) Cooperative efforts.--The cooperative efforts the 
        Secretary shall carry out pursuant to paragraph (1) include the 
        following:
                    (A) Encouraging training programs at locations 
                outside the United States from which substantial cargo 
                shipments of lithium ion or lithium metal batteries 
                originate for manufacturers, freight forwarders, and 
                other shippers and potential shippers of lithium ion 
                and lithium metal batteries.
                    (B) Working with Federal, regional, and 
                international transportation agencies to ensure 
                enforcement of U.S. Hazardous Materials Regulations and 
                ICAO Technical Instructions with respect to shippers 
                who offer noncompliant shipments of lithium ion and 
                lithium metal batteries.
                    (C) Sharing information, as appropriate, with 
                Federal, regional, and international transportation 
                agencies regarding noncompliant shipments.
                    (D) Pursuing a joint effort with the international 
                aviation community to develop a process to obtain 
                assurances that appropriate enforcement actions are 
                taken to reduce the likelihood of noncompliant 
                shipments, especially with respect to jurisdictions in 
                which enforcement activities historically have been 
                limited.
                    (E) Providing information in brochures and on the 
                internet in appropriate foreign languages and dialects 
                that describes the actions required to comply with U.S. 
                Hazardous Materials Regulations and ICAO Technical 
                Instructions.
                    (F) Developing joint efforts with the international 
                aviation community to promote a better understanding of 
                the requirements of and methods of compliance with U.S. 
                Hazardous Materials Regulations and ICAO Technical 
                Instructions.
            (3) Reporting.--Not later than 120 days after the date of 
        enactment of this Act, and annually thereafter for 2 years, the 
        Secretary shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on compliance with the policy set forth in 
        subsection (e) and the cooperative efforts carried out, or 
        planned to be carried out, under this subsection.
    (b) Lithium Battery Air Safety Advisory Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall establish, in 
        accordance with the requirements of the Federal Advisory 
        Committee Act (5 U.S.C. App.), a lithium ion and lithium metal 
        battery air safety advisory committee (in this subsection 
        referred to as the ``Committee'').
            (2) Duties.--The Committee shall--
                    (A) facilitate communication between manufacturers 
                of lithium ion and lithium metal cells and batteries, 
                manufacturers of products incorporating both large and 
                small lithium ion and lithium metal batteries, air 
                carriers, and the Federal Government regarding the safe 
                air transportation of lithium ion and lithium metal 
                cells and batteries and the effectiveness and economic 
                and social impacts of the regulation of such 
                transportation;
                    (B) provide the Secretary, the Federal Aviation 
                Administration, and the Pipeline and Hazardous 
                Materials Safety Administration with timely information 
                about new lithium ion and lithium metal battery 
                technology and transportation safety practices and 
                methodologies;
                    (C) provide a forum for the Secretary to provide 
                information on and to discuss the activities of the 
                Department of Transportation relating to lithium ion 
                and lithium metal battery transportation safety, the 
                policies underlying the activities, and positions to be 
                advocated in international forums;
                    (D) provide a forum for the Secretary to provide 
                information and receive advice on--
                            (i) activities carried out throughout the 
                        world to communicate and enforce relevant 
                        United States regulations and the ICAO 
                        Technical Instructions; and
                            (ii) the effectiveness of the activities;
                    (E) provide advice and recommendations to the 
                Secretary with respect to lithium ion and lithium metal 
                battery air transportation safety, including how best 
                to implement activities to increase awareness of 
                relevant requirements and their importance to travelers 
                and shippers; and
                    (F) review methods to decrease the risk posed by 
                air shipment of undeclared hazardous materials and 
                efforts to educate those who prepare and offer 
                hazardous materials for shipment via air transport.
            (3) Membership.--The Committee shall be composed of the 
        following members:
                    (A) Individuals appointed by the Secretary to 
                represent--
                            (i) large volume manufacturers of lithium 
                        ion and lithium metal cells and batteries;
                            (ii) domestic manufacturers of lithium ion 
                        and lithium metal batteries or battery packs;
                            (iii) manufacturers of consumer products 
                        powered by lithium ion and lithium metal 
                        batteries;
                            (iv) manufacturers of vehicles powered by 
                        lithium ion and lithium metal batteries;
                            (v) marketers of products powered by 
                        lithium ion and lithium metal batteries;
                            (vi) cargo air service providers based in 
                        the United States;
                            (vii) passenger air service providers based 
                        in the United States;
                            (viii) pilots and employees of air service 
                        providers described in clauses (vi) and (vii);
                            (ix) shippers of lithium ion and lithium 
                        metal batteries for air transportation;
                            (x) manufacturers of battery-powered 
                        medical devices or batteries used in medical 
                        devices; and
                            (xi) employees of the Department of 
                        Transportation, including employees of the 
                        Federal Aviation Administration and the 
                        Pipeline and Hazardous Materials Safety 
                        Administration.
                    (B) Representatives of such other Government 
                departments and agencies as the Secretary determines 
                appropriate.
                    (C) Any other individuals the Secretary determines 
                are appropriate to comply with Federal law.
            (4) Report.--
                    (A) In general.--Not later than 180 days after the 
                establishment of the Committee, the Committee shall 
                submit to the Secretary, the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives, and the Committee on Commerce, 
                Science, and Transportation of the Senate a report 
                that--
                            (i) describes and evaluates the steps being 
                        taken in the private sector and by 
                        international regulatory authorities to 
                        implement and enforce requirements relating to 
                        the safe transportation by air of bulk 
                        shipments of lithium ion cells and batteries; 
                        and
                            (ii) identifies any areas of enforcement or 
                        regulatory requirements for which there is 
                        consensus that greater attention is needed.
                    (B) Independent statements.--Each member of the 
                Committee shall be provided an opportunity to submit an 
                independent statement of views with the report 
                submitted pursuant to subparagraph (A).
            (5) Meetings.--
                    (A) In general.--The Committee shall meet at the 
                direction of the Secretary and at least twice a year.
                    (B) Preparation for icao meetings.--Notwithstanding 
                subparagraph (A), the Secretary shall convene a meeting 
                of the Committee in connection with and in advance of 
                each meeting of the International Civil Aviation 
                Organization, or any of its panels or working groups, 
                addressing the safety of air transportation of lithium 
                ion and lithium metal batteries to brief Committee 
                members on positions to be taken by the United States 
                at such meeting and provide Committee members a 
                meaningful opportunity to comment.
            (6) Termination.--The Committee shall terminate on the date 
        that is 6 years after the date on which the Committee is 
        established.
            (7) Termination of future of aviation advisory committee.--
        The Future of Aviation Advisory Committee shall terminate on 
        the date on which the lithium ion battery air safety advisory 
        committee is established.
    (c) Medical Device Batteries.--
            (1) Limited exceptions to restrictions on air 
        transportation of medical device batteries.--The Secretary 
        shall issue limited exceptions to the restrictions on 
        transportation of lithium ion and lithium metal batteries to 
        allow the shipment on a passenger aircraft of not more than 2 
        replacement batteries specifically used for a medical device 
        if--
                    (A) the intended destination of the batteries is 
                not serviced daily by cargo aircraft if a battery is 
                required for medically necessary care; or
                    (B) with regard to a shipper of lithium ion or 
                lithium metal batteries for medical devices that cannot 
                comply with a charge limitation in place at the time, 
                each battery is--
                            (i) individually packed in an inner 
                        packaging that completely encloses the battery;
                            (ii) placed in a rigid outer packaging; and
                            (iii) protected to prevent a short circuit.
            (2) Medical device defined.--ln this subsection, the term 
        ``medical device'' means an instrument, apparatus, implement, 
        machine, contrivance, implant, or in vitro reagent, including 
        any component, part, or accessory thereof, which is intended 
        for use in the diagnosis of disease or other conditions, or in 
        the cure, mitigation, treatment, or prevention of disease, in a 
        person.
            (3) Savings clause.--Nothing in this subsection may be 
        construed as expanding or restricting any authority of the 
        Secretary under section 828 of the FAA Modernization and Reform 
        Act of 2012 (49 U.S.C. 44701 note).
    (d) Packaging Improvements.--Not later than 180 days after the date 
of enactment of this Act, the Secretary, in consultation with 
interested stakeholders, shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate an 
evaluation of current practices for the packaging of lithium ion 
batteries and cells for air transportation, including recommendations, 
if any, to improve the packaging of such batteries and cells for air 
transportation in a safe, efficient, and cost-effective manner.
    (e) Department of Transportation Policy on International 
Representation.--It shall be the policy of the Department of 
Transportation to support the participation of industry in all panels 
and working groups of the Dangerous Goods Panel of the International 
Civil Aviation Organization and any other international test or 
standard setting organization that considers proposals on the safety or 
transportation of lithium ion and lithium metal batteries in which the 
United States participates.
    (f) Harmonization With ICAO Technical Instructions.--Pursuant to 
section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
44701 note), not later than 30 days after the date of enactment of this 
Act, the Secretary shall conform United States regulations on the air 
transport of lithium cells and batteries with the lithium cells and 
batteries requirements in the 2015-2016 edition of the ICAO Technical 
Instructions (including all addenda), including the revised standards 
adopted by the International Civil Aviation Organization that became 
effective on April 1, 2016.
    (g) Definitions.--In this section, the following definitions apply:
            (1) ICAO technical instructions.--The term ``ICAO Technical 
        Instructions'' has the meaning given that term in section 
        828(c) of the FAA Modernization and Reform Act of 2012 (49 
        U.S.C. 44701 note).
            (2) U.S. hazardous materials regulations.--The term ``U.S. 
        Hazardous Materials Regulations'' means the regulations in 
        parts 100 through 177 of title 49, Code of Federal Regulations 
        (including amendments adopted after the date of enactment of 
        this Act).

SEC. 610. REMOTE TOWER PILOT PROGRAM FOR RURAL AND SMALL COMMUNITIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a pilot program under which, upon approval of an application submitted 
by an operator of a public-use airport, the Secretary shall install and 
operate at the airport a remote air traffic control tower in order to 
assess the operational benefits of remote air traffic control towers.
    (b) Applications.--The operator of an airport seeking to 
participate in the pilot program shall submit to the Secretary for 
approval an application that is in such form and contains such 
information as the Secretary may require.
    (c) Selection Criteria.--
            (1) Selection of airports.--From among the applications 
        submitted under subsection (b), the Secretary, after 
        consultation with representatives of labor organizations 
        representing operators and employees of the air traffic control 
        system, shall select for participation in the pilot program 7 
        airports as follows:
                    (A) 1 nonhub, primary airport.
                    (B) 3 nonprimary airports without existing air 
                traffic control towers.
                    (C) 2 airports with air traffic control towers 
                participating in a program established under section 
                47124 of title 49, United States Code.
                    (D) 1 airport selected at the discretion of the 
                Secretary.
            (2) Priority selection.--In selecting from among the 
        applications submitted under subsection (b), the Secretary 
        shall give priority to applicants that can best demonstrate the 
        capabilities and potential of remote air traffic control 
        towers, including applicants proposing to operate multiple 
        remote air traffic control towers from a single facility.
            (3) Authority to reallocate airport selection.--If the 
        Secretary receives an insufficient number of applications, the 
        Secretary may reallocate the distribution of airport sites 
        described in paragraph (1).
    (d) Asset Classification.--For purposes of section 90317 of title 
49, United States Code, as added by this Act, a remote air traffic 
control tower, including ancillary equipment, installed with Government 
funds pursuant to this section shall be considered to be an air 
navigation facility.
    (e) Safety Risk Management Panel.--
            (1) Safety risk management panel meeting.--Prior to the 
        operational use of a remote air traffic control tower, the 
        Secretary shall convene a safety risk management panel for the 
        tower to address any safety issues with respect to the tower.
            (2) Safety risk management panel best practices.--The 
        safety risk management panels shall be created and utilized in 
        a manner similar to that of safety risk management panels 
        previously established for remote air traffic control towers, 
        taking into account--
                    (A) best practices that have been developed; and
                    (B) operational data from remote air traffic 
                control towers located in the United States.
    (f) Airport Improvement Program.--The pilot program shall be 
eligible for airport improvement funding under chapter 471 of title 49, 
United States Code.
    (g) Possible Expansion of Program.--Not later than 30 days after 
the date that the first remote air traffic control tower is 
commissioned, the Administrator of the Federal Aviation Administration 
shall establish a repeatable process by which future certified remote 
air traffic control tower systems may be commissioned at additional 
airports.
    (h) Definitions.--
            (1) In general.--In this section, the following definitions 
        apply:
                    (A) Air navigation facility.--The term ``air 
                navigation facility'' has the meaning given that term 
                in section 40102(a) of title 49, United States Code.
                    (B) Remote air traffic control tower.--The term 
                ``remote air traffic control tower'' means a remotely 
                operated air navigation facility, including all 
                necessary system components, that provides the 
                functions and capabilities of an air traffic control 
                tower.
            (2) Applicability of other definitions.--The terms ``nonhub 
        airport'', ``primary airport'', and ``public-use airport'' have 
        the meanings given such terms in section 47102 of title 49, 
        United States Code.
    (i) Sunset.--The pilot program shall terminate on the day before 
the date of transfer, as defined in section 90101(a) of title 49, 
United States Code, as added by this Act.

SEC. 611. ENSURING FAA READINESS TO PROVIDE SEAMLESS OCEANIC 
              OPERATIONS.

    Not later than September 30, 2018, the Secretary of Transportation 
shall make a final investment decision for the implementation of a 
reduced oceanic separation capability that, by March 31, 2019, shall be 
operational and in use providing capabilities at least equivalent to 
that offered in neighboring airspace, and such service shall be 
provided in the same manner as terrestrial surveillance is provided.

SEC. 612. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.

    It is the sense of Congress that the aviation industry should 
explore all opportunities, including pilot training, science, 
technology, engineering, and mathematics education, and mentorship 
programs, to encourage and support female students and aviators to 
pursue a career in aviation.

SEC. 613. OBSTRUCTION EVALUATION AERONAUTICAL STUDIES.

    The Secretary of Transportation may implement the policy set forth 
in the notice of proposed policy titled ``Proposal to Consider the 
Impact of One Engine Inoperative Procedures in Obstruction Evaluation 
Aeronautical Studies'' published by the Department of Transportation on 
April 28, 2014 (79 Fed. Reg. 23300), only if the policy is adopted 
pursuant to a notice and comment rulemaking and, for purposes of 
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory 
planning and review), is treated as a significant regulatory action 
within the scope of section 3(f)(1) of such Order.

SEC. 614. AIRCRAFT LEASING.

    Section 44112(b) of title 49, United States Code, is amended--
            (1) by striking ``on land or water''; and
            (2) by inserting ``operational'' before ``control''.

SEC. 615. REPORT ON OBSOLETE TEST EQUIPMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the National Test 
Equipment Program of the Federal Aviation Administration (in this 
section referred to as the ``Program'').
    (b) Contents.--The report shall include--
            (1) a list of all known outstanding requests for test 
        equipment, cataloged by type and location, under the Program;
            (2) a description of the current method under the Program 
        of ensuring calibrated equipment is in place for utilization;
            (3) a plan by the Administrator for appropriate inventory 
        of such equipment;
            (4) the Administrator's recommendations for increasing 
        multifunctionality in future test equipment and all known and 
        foreseeable manufacturer technological advances; and
            (5) a plan to replace, as appropriate, obsolete test 
        equipment throughout the service areas.

SEC. 616. RETIRED MILITARY CONTROLLERS.

    Section 44506(f) of title 49, United States Code, is amended--
            (1) in paragraph (3) by inserting ``except for individuals 
        covered by a program described in paragraph (4),'' after 
        ``section 3307 of title 5,''; and
            (2) by adding at the end the following:
            ``(4) Retired military controllers.--The Administrator may 
        establish a program to provide an original appointment to a 
        position as an air traffic controller for individuals who--
                    ``(A) are on terminal leave pending retirement from 
                active duty military service or have retired from 
                active duty military service within 5 years of applying 
                for the appointment; and
                    ``(B) within 5 years of applying for the 
                appointment, have held either an air traffic control 
                specialist certification or a facility rating according 
                to Administration standards.''.

SEC. 617. PILOTS SHARING FLIGHT EXPENSES WITH PASSENGERS.

    (a) Guidance.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall make publicly available, in a 
        clear and concise format, advisory guidance that describes how 
        a pilot may share flight expenses with passengers in a manner 
        consistent with Federal law, including regulations.
            (2) Examples included.--The guidance shall include examples 
        of--
                    (A) flights for which pilots and passengers may 
                share expenses;
                    (B) flights for which pilots and passengers may not 
                share expenses;
                    (C) the methods of communication that pilots and 
                passengers may use to arrange flights for which 
                expenses are shared; and
                    (D) the methods of communication that pilots and 
                passengers may not use to arrange flights for which 
                expenses are shared.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date on 
        which guidance is made publicly available under subsection (a), 
        the Comptroller General of the United States shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report analyzing Federal policy 
        with respect to pilots sharing flight expenses with passengers.
            (2) Evaluations included.--The report submitted under 
        paragraph (1) shall include an evaluation of--
                    (A) the rationale for such Federal policy;
                    (B) safety and other concerns related to pilots 
                sharing flight expenses with passengers; and
                    (C) benefits related to pilots sharing flight 
                expenses with passengers.

SEC. 618. AVIATION RULEMAKING COMMITTEE FOR PART 135 PILOT REST AND 
              DUTY RULES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall convene an aviation rulemaking committee to 
review, and develop findings and recommendations regarding, pilot rest 
and duty rules under part 135 of title 14, Code of Federal Regulations.
    (b) Duties.--The Administrator shall--
            (1) not later than 2 years after the date of enactment of 
        this Act, submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report based on the findings of the aviation 
        rulemaking committee; and
            (2) not later than 1 year after the date of submission of 
        the report under paragraph (1), issue a notice of proposed 
        rulemaking based on any consensus recommendations reached by 
        the aviation rulemaking committee.
    (c) Composition.--The aviation rulemaking committee shall consist 
of members appointed by the Administrator, including--
            (1) representatives of industry;
            (2) representatives of aviation labor organizations, 
        including collective bargaining units representing pilots who 
        are covered by part 135 of title 14, Code of Federal 
        Regulations, and subpart K of part 91 of such title; and
            (3) aviation safety experts with specific knowledge of 
        flight crewmember education and training requirements under 
        part 135 of such title.
    (d) Considerations.--The Administrator shall direct the aviation 
rulemaking committee to consider--
            (1) recommendations of prior part 135 rulemaking 
        committees;
            (2) accommodations necessary for small businesses;
            (3) scientific data derived from aviation-related fatigue 
        and sleep research;
            (4) data gathered from aviation safety reporting programs;
            (5) the need to accommodate the diversity of operations 
        conducted under part 135; and
            (6) other items, as appropriate.

SEC. 619. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.

    (a) Findings.--Congress finds that--
            (1) the Metropolitan Washington Airports Authority (in this 
        section referred to as ``MWAA''), which operates Ronald Reagan 
        Washington National Airport and Dulles International Airport by 
        lease with the Department of Transportation, has routinely 
        performed poorly on audits conducted by the Inspector General 
        of the Department of Transportation;
            (2) the responsible stewardship of taxpayer-owned assets by 
        MWAA is of great concern to Congress;
            (3) a March 20, 2015, audit conducted by the Inspector 
        General titled ``MWAA's Office of Audit Does Not Have an 
        Adequate Quality Assurance and Improvement Program'' (Report 
        No. ZA-2015-035) found that MWAA's quality assurance and 
        improvement program did not conform with the standards of the 
        Institute of Internal Auditors; and
            (4) the Inspector General's audit made 7 recommendations to 
        strengthen MWAA governance, its Office of Audit, and its 
        quality assurance and improvement program.
    (b) Implementing Audit Recommendations.--
            (1) Study.--The Inspector General of the Department of 
        Transportation shall conduct a study on MWAA's progress in 
        implementing the recommendations of the audit referred to in 
        subsection (a).
            (2) Report.--The Inspector General shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the study, including 
        the Inspector General's findings, conclusions, and 
        recommendations for strengthening and improving MWAA's Office 
        of Audit.

SEC. 620. TERMINAL AERODROME FORECAST.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall permit a covered air carrier to operate to or from 
a location in a noncontiguous State without a Terminal Aerodrome 
Forecast or Meteorological Aerodrome Report if--
            (1) such location is determined to be under visual 
        meteorological conditions;
            (2) a current Area Forecast, supplemented by other local 
        weather observations or reports, is available; and
            (3) an alternate airport that has an available Terminal 
        Aerodrome Forecast and weather report is specified.
    (b) Procedures.--A covered air carrier shall--
            (1) have approved procedures for dispatch or release and 
        enroute weather evaluation; and
            (2) operate under instrument flight rules enroute to the 
        destination.
    (c) Covered Air Carrier Defined.--In this section, the term 
``covered air carrier'' means an air carrier operating in a 
noncontiguous State under part 121 of title 14, Code of Federal 
Regulations.

SEC. 621. FEDERAL AVIATION ADMINISTRATION EMPLOYEES STATIONED ON GUAM.

    It is the sense of Congress that--
            (1) the Administrator of the Federal Aviation 
        Administration and the Secretary of Defense should seek an 
        agreement that would enable Federal Aviation Administration 
        employees stationed on Guam to have access to Department of 
        Defense hospitals, commissaries, and exchanges on Guam;
            (2) access to these facilities is important to ensure the 
        health and well-being of Federal Aviation Administration 
        employees and their families; and
            (3) in exchange for this access, the Federal Aviation 
        Administration should make payments to cover the applicable 
        administrative costs incurred by the Department of Defense in 
        carrying out the agreement.

SEC. 622. TECHNICAL CORRECTIONS.

    (a) Airport Capacity Enhancement Projects at Congested Airports.--
Section 40104(c) of title 49, United States Code, is amended by 
striking ``section 47176'' and inserting ``section 47175''.
    (b) Passenger Facility Charges.--Section 40117(a)(5) of title 49, 
United States Code, is amended by striking ``charge or charge'' and 
inserting ``charge''.
    (c) Overflights of National Parks.--Section 40128(a)(3) of title 
49, United States Code, is amended by striking ``under part 91 of the 
title 14,'' and inserting ``under part 91 of title 14,''.
    (d) Plans To Address Needs of Families of Passengers Involved in 
Foreign Air Carrier Accidents.--Section 41313(c)(16) of title 49, 
United States Code, is amended by striking ``An assurance that the 
foreign air carrier'' and inserting ``An assurance that''.
    (e) Operations of Carriers.--The analysis for chapter 417 of title 
49, United States Code, is amended by striking the item relating to 
section 41718 and inserting the following:

``41718. Special rules for Ronald Reagan Washington National 
                            Airport.''.
    (f) Schedules for Certain Transportation of Mail.--Section 41902(a) 
of title 49, United States Code, is amended by striking ``section 
41906'' and inserting ``section 41905''.
    (g) Weighing Mail.--Section 41907 of title 49, United States Code, 
is amended by striking ``and -administrative'' and inserting ``and 
administrative''.
    (h) Structures Interfering With Air Commerce or National 
Security.--Section 44718(b)(1) of title 49, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``air navigation facilities and equipment'' and inserting ``air 
        or space navigation facilities and equipment''; and
            (2) in subparagraph (A)--
                    (A) in clause (v) by striking ``and'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the impact on launch and reentry for 
                        launch and reentry vehicles arriving or 
                        departing from a launch site or reentry site 
                        licensed by the Secretary of Transportation; 
                        and''.
    (i) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302 of title 49, United States Code, is amended by striking 
``44703(f)(2)'' each place it appears and inserting ``44703(g)(2)''.
    (j) Chapter 465.--The analysis for chapter 465 of title 49, United 
States Code, is amended by striking the following:

``46503. Repealed.''.
    (k) Solicitation and Consideration of Comments.--Section 47171(l) 
of title 49, United States Code, is amended by striking ``4371'' and 
inserting ``4321''.
    (l) Adjustments to Compensation for Significantly Increased 
Costs.--Section 426 of the FAA Modernization and Reform Act of 2012 is 
amended--
            (1) in subsection (a) (49 U.S.C. 41737 note) by striking 
        ``Secretary'' and inserting ``Secretary of Transportation''; 
        and
            (2) in subsection (c) (49 U.S.C. 41731 note) by striking 
        ``the Secretary may waive'' and inserting ``the Secretary of 
        Transportation may waive''.
    (m) Aircraft Departure Queue Management Pilot Program.--Section 
507(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44505 
note) is amended by striking ``section 48101(a)'' and inserting 
``section 48101(a) of title 49, United States Code,''.

SEC. 623. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL AVIATION 
              ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    Section 40122(g)(2)(B) of title 49, United States Code, is 
amended--
            (1) by inserting ``3304(f),'' before ``3308-3320''; and
            (2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before 
        ``relating''.

SEC. 624. PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING FLIGHT TIMES.

    The Administrator of the Federal Aviation Administration shall 
issue regulations modifying section 61.51(j)(4) of title 14, Code of 
Federal Regulations, so as to include aircraft under the direct 
operational control of forestry and fire protection agencies as public 
aircraft eligible for logging flight times.

SEC. 625. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a review to assess the workforce and training needs of 
the Federal Aviation Administration (in this section referred to as the 
``FAA'') in the anticipated budgetary environment.
    (b) Contents.--In conducting the review, the Comptroller General 
shall--
            (1) identify the long-term workforce and training needs of 
        the FAA workforce;
            (2) assess the impact of automation, digitalization, and 
        artificial intelligence on the FAA workforce;
            (3) analyze the skills and qualifications required of the 
        FAA workforce for successful performance in the current and 
        future projected aviation environment;
            (4) review current performance incentive policies of the 
        FAA, including awards for performance;
            (5) analyze ways in which the FAA can work with industry 
        and labor, including labor groups representing the FAA 
        workforce, to establish knowledge-sharing opportunities between 
        the FAA and the aviation industry regarding new equipment and 
        systems, best practices, and other areas of interest; and
            (6) develop recommendations on the most effective 
        qualifications, training programs (including e-learning 
        training), and performance incentive approaches to address the 
        needs of the future projected aviation regulatory system in the 
        anticipated budgetary environment.
    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review.

SEC. 626. STATE TAXATION.

    Section 40116(d)(2)(A) of title 49, United States Code, is amended 
by adding at the end the following:
            ``(v) except as otherwise provided under section 47133, 
        levy or collect a tax, fee, or charge, first taking effect 
        after the date of enactment of this clause, upon any business 
        located at a commercial service airport or operating as a 
        permittee of such an airport that is not generally imposed on 
        sales or services by that State, political subdivision, or 
        authority unless wholly utilized for airport or aeronautical 
        purposes.''.

SEC. 627. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.

    (a) Findings.--Congress finds that--
            (1) in 2016, United States air carriers carried a record 
        high number of passengers on domestic flights, 719 million 
        passengers;
            (2) the United States aerospace and defense industry 
        employed 1.7 million workers in 2015, or roughly 2 percent of 
        the Nation's total employment base;
            (3) the average salary of an employee in the aerospace and 
        defense industry is 44 percent above the national average;
            (4) in 2015, the aerospace and defense industry contributed 
        nearly $202.4 billion in value added to the United States 
        economy;
            (5) an effective aviation industry relies on individuals 
        with unique skill sets, many of which can be directly obtained 
        through career and technical education opportunities; and
            (6) industry and the Federal Government have taken some 
        actions to attract qualified individuals to careers in aviation 
        and aerospace and to retain qualified individuals in such 
        careers.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) public and private education institutions should make 
        available to students and parents information on approved 
        programs of study and career pathways, including career 
        exploration, work-based learning opportunities, dual and 
        concurrent enrollment opportunities, and guidance and 
        advisement resources;
            (2) public and private education institutions should 
        partner with aviation and aerospace companies to promote career 
        paths available within the industry and share information on 
        the unique benefits and opportunities the career paths offer;
            (3) aviation companies, including air carriers, 
        manufacturers, commercial space companies, unmanned aircraft 
        system companies, and repair stations, should create 
        opportunities, through apprenticeships or other mechanisms, to 
        attract young people to aviation and aerospace careers and to 
        enable individuals to gain the critical skills needed to thrive 
        in such professions; and
            (4) the Federal Government should consider the needs of men 
        and women interested in pursuing careers in the aviation and 
        aerospace industry, the long-term personnel needs of the 
        aviation and aerospace industry, and the role of aviation in 
        the United States economy in the creation and administration of 
        educational and financial aid programs.

SEC. 628. FUTURE AVIATION AND AEROSPACE WORKFORCE STUDY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study--
            (1) to identify the factors influencing the supply of 
        individuals pursuing a career in the aviation or aerospace 
        industry; and
            (2) to identify best practices or programs to incentivize, 
        recruit, and retain young people in aviation and aerospace 
        professions.
    (b) Consultation.--The Comptroller General shall conduct the study 
in consultation with--
            (1) appropriate Federal agencies; and
            (2) the aviation and aerospace industry, institutions of 
        higher education, and labor stakeholders.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study and 
related recommendations.

SEC. 629. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall exercise leadership in the creation of Federal and 
international policies, regulations, and standards relating to the 
certification and safe and efficient operation of civil supersonic 
aircraft.
    (b) Exercise of Leadership.--In carrying out subsection (a), the 
Administrator shall--
            (1) consider the needs of the aerospace industry and other 
        stakeholders when creating policies, regulations, and standards 
        that enable the safe commercial deployment of civil supersonic 
        aircraft technology and the safe and efficient operation of 
        civil supersonic aircraft; and
            (2) obtain the input of aerospace industry stakeholders 
        regarding--
                    (A) the appropriate regulatory framework and 
                timeline for permitting the safe and efficient 
                operation of civil supersonic aircraft within United 
                States airspace, including updating or modifying 
                existing regulations on such operation;
                    (B) issues related to standards and regulations for 
                the type certification and safe operation of civil 
                supersonic aircraft, including noise certification, 
                including--
                            (i) the operational differences between 
                        subsonic aircraft and supersonic aircraft;
                            (ii) costs and benefits associated with 
                        landing and takeoff noise requirements for 
                        civil supersonic aircraft, including impacts on 
                        aircraft emissions;
                            (iii) public and economic benefits of the 
                        operation of civil supersonic aircraft and 
                        associated aerospace industry activity; and
                            (iv) challenges relating to ensuring that 
                        standards and regulations aimed at relieving 
                        and protecting the public health and welfare 
                        from aircraft noise and sonic booms are 
                        economically reasonable, technologically 
                        practicable, and appropriate for civil 
                        supersonic aircraft; and
                    (C) other issues identified by the Administrator or 
                the aerospace industry that must be addressed to enable 
                the safe commercial deployment and safe and efficient 
                operation of civil supersonic aircraft.
    (c) International Leadership.--The Administrator, in the 
appropriate international forums, shall take actions that--
            (1) demonstrate global leadership under subsection (a);
            (2) address the needs of the aerospace industry identified 
        under subsection (b); and
            (3) protect the public health and welfare.
    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report detailing--
            (1) the Administrator's actions to exercise leadership in 
        the creation of Federal and international policies, 
        regulations, and standards relating to the certification and 
        safe and efficient operation of civil supersonic aircraft;
            (2) planned, proposed, and anticipated actions to update or 
        modify existing policies and regulations related to civil 
        supersonic aircraft, including those identified as a result of 
        industry consultation and feedback; and
            (3) a timeline for any actions to be taken to update or 
        modify existing policies and regulations related to civil 
        supersonic aircraft.

SEC. 630. OKLAHOMA REGISTRY OFFICE.

    The Administrator of the Federal Aviation Administration shall 
consider the aircraft registry office in Oklahoma City, Oklahoma, as 
excepted during a Government shutdown or emergency (as it provides 
excepted services) to ensure that it remains open during any Government 
shutdown or emergency.

SEC. 631. FOREIGN AIR TRANSPORTATION UNDER UNITED STATES-EUROPEAN UNION 
              AIR TRANSPORT AGREEMENT.

    (a) Certain Foreign Air Transportation Permits.--The Secretary of 
Transportation may not issue a permit under section 41302 of title 49, 
United States Code, or an exemption under section 40109 of such title, 
authorizing a person to provide foreign air transportation as a foreign 
air carrier under the United States-European Union Air Transport 
Agreement of April 2007 (as amended) in a proceeding in which the 
applicability of Article 17 bis of such Agreement has been raised by an 
interested person, unless the Secretary--
            (1) finds that issuing the permit or exemption would be 
        consistent with the intent set forth in Article 17 bis of the 
        Agreement, that opportunities created by the Agreement do not 
        undermine labor standards or the labor-related rights and 
        principles contained in the laws of the respective parties to 
        the Agreement; and
            (2) imposes on the permit or exemption such conditions as 
        may be necessary to ensure that the person complies with the 
        intent of Article 17 bis.
    (b) Public Interest Test.--Section 41302(2) of title 49, United 
States Code, is amended--
            (1) in subparagraph (A) by striking ``under an agreement 
        with the United States Government; or'' and inserting ``; 
        and''; and
            (2) in subparagraph (B) by striking ``the foreign air 
        transportation'' and inserting ``after considering the totality 
        of the circumstances, including the factors set forth in 
        section 40101(a), the foreign air transportation''.
    (c) Public Interest Requirements.--
            (1) Policy.--Section 40101(a) of title 49, United States 
        Code, is amended by adding at the end the following:
            ``(17) preventing entry into United States markets by flag 
        of convenience carriers.''.
            (2) International air transportation.--Section 40101(e)(9) 
        of title 49, United States Code, is amended--
                    (A) in subparagraph (D) by striking ``and'' at the 
                end;
                    (B) in subparagraph (E) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) erosion of labor standards associated with 
                flag of convenience carriers.''.
            (3) Flag of convenience carrier defined.--Section 40102(a) 
        of title 49, United States Code, as amended by this Act, is 
        further amended by adding at the end the following:
            ``(49) `flag of convenience carrier' means a foreign air 
        carrier that is established in a country other than the home 
        country of its majority owner or owners in order to avoid 
        regulations of the home country.''.

SEC. 632. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.

    (a) In General.--Chapter 447 of title 49, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 44737. Training on human trafficking for certain staff
    ``In addition to other training requirements, each air carrier 
shall provide training--
            ``(1) to ticket counter agents, gate agents, and other air 
        carrier workers whose jobs require regular interaction with 
        passengers; and
            ``(2) on recognizing and responding to potential human 
        trafficking victims.''.
    (b) Clerical Amendment.--The analysis for chapter 447 of title 49, 
United States Code, as amended by this Act, is further amended by 
adding at the end the following:

``44737. Training on human trafficking for certain staff.''.

SEC. 633. PART 107 IMPLEMENTATION IMPROVEMENTS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this section, the Administrator of the Federal Aviation 
Administration shall publish a direct final rule--
            (1) revising section 107.205 of title 14, Code of Federal 
        Regulations, by striking the second sentence of subsections (a) 
        and (c); and
            (2) revising section 107.25 of such title by striking ``and 
        is not transporting another person's property for compensation 
        or hire''.
    (b) Determination of Waiver.--In determining whether to grant a 
waiver under part 107 of title 14, Code of Federal Regulations, to 
authorize transportation of another's property for compensation or hire 
beyond the visual line of sight of the remote pilot, from a moving 
vehicle, or over people, the Administrator shall consider the 
technological capabilities of the unmanned aircraft system, the 
qualifications of the remote pilot, and the operational environment.

SEC. 634. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.

    (a) Transparency.--Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall publish on the Federal Aviation Administration 
website a representative sample of the safety justifications, offered 
by applicants for small unmanned aircraft system waivers and airspace 
authorizations, that have been approved by the Administration for each 
regulation waived or class of airspace authorized, except that any 
published justification shall not reveal proprietary or commercially 
sensitive information.
    (b) Technology Improvements.--Not later than 90 days after the date 
of enactment of this Act, the Administrator shall revise the online 
waiver and certificates of authorization processes--
            (1) to provide real time confirmation that an application 
        filed online has been received by the Administration; and
            (2) to provide an applicant with an opportunity to review 
        the status of the applicant's application.

SEC. 635. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.

    Section 41706 of title 49, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Electronic Cigarettes.--
            ``(1) Inclusion.--The use of an electronic cigarette shall 
        be treated as smoking for purposes of this section.
            ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine to a user of the device in the form of a vapor that is 
        inhaled to simulate the experience of smoking.''.

SEC. 636. CONSUMER PROTECTION REQUIREMENTS RELATING TO LARGE TICKET 
              AGENTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue a final rule 
to require large ticket agents to adopt minimum customer service 
standards.
    (b) Purpose.--The purpose of the final rule shall be to ensure 
that, to the maximum extent practicable, there is a consistent level of 
consumer protection regardless of where consumers purchase air fares 
and related air transportation services.
    (c) Standards.--In issuing the final rule, the Secretary shall 
consider, at a minimum, establishing standards for--
            (1) providing prompt refunds when ticket refunds are due, 
        including fees for optional services that consumers purchased 
        but were not able to use due to a flight cancellation or 
        oversale situation;
            (2) providing an option to hold a reservation at the quoted 
        fare without payment, or to cancel without penalty, for 24 
        hours;
            (3) disclosing cancellation policies, seating 
        configurations, and lavatory availability with respect to 
        flights;
            (4) notifying customers in a timely manner of itinerary 
        changes; and
            (5) responding promptly to customer complaints.
    (d) Definitions.--In this section, the following shall apply:
            (1) Ticket agent.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``ticket agent'' has the meaning given that term 
                in section 40102(a) of title 49, United States Code.
                    (B) Inclusion.--The term ``ticket agent'' includes 
                a person who acts as an intermediary involved in the 
                sale of air transportation directly or indirectly to 
                consumers, including by operating an electronic airline 
                information system, if the person--
                            (i) holds the person out as a source of 
                        information about, or reservations for, the air 
                        transportation industry; and
                            (ii) receives compensation in any way 
                        related to the sale of air transportation.
            (2) Large ticket agent.--The term ``large ticket agent'' 
        means a ticket agent with annual revenues of $100,000,000 or 
        more.

SEC. 637. AGENCY PROCUREMENT REPORTING REQUIREMENTS.

    Section 40110(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(5) Annual report on the purchase of foreign manufactured 
        articles.--
                    ``(A) Report.--Not later than 90 days after the end 
                of the fiscal year, the Secretary of Transportation 
                shall submit a report to Congress on the dollar amount 
                of the acquisitions made by the agency from entities 
                that manufacture the articles, materials, or supplies 
                outside of the United States in such fiscal year.
                    ``(B) Contents.--The report required by 
                subparagraph (A) shall separately indicate--
                            ``(i) the dollar value of any articles, 
                        materials, or supplies purchased that were 
                        manufactured outside of the United States; and
                            ``(ii) a summary of the total procurement 
                        funds spent on goods manufactured in the United 
                        States versus funds spent on goods manufactured 
                        outside of the United States.
                    ``(C) Availability of report.--The Secretary shall 
                make the report under subparagraph (A) publicly 
                available on the agency's website not later than 30 
                days after submission to Congress.''.

SEC. 638. ZERO-EMISSION VEHICLES AND TECHNOLOGY.

    (a) Passenger Facility Charge Eligibility.--Section 40117(a)(3) of 
title 49, United States Code, is amended by adding at the end the 
following:
                    ``(H) A project for--
                            ``(i) converting or retrofitting vehicles 
                        and ground support equipment into eligible 
                        zero-emission vehicles and equipment (as 
                        defined in section 47102); or
                            ``(ii) acquiring, by purchase or lease, 
                        eligible zero-emission vehicles and equipment 
                        (as defined in section 47102).''.
    (b) Airport Improvement Program Eligibility.--
            (1) Airport development defined.--Section 47102(3) of title 
        49, United States Code, is amended by adding at the end the 
        following:
                    ``(P) converting or retrofitting vehicles and 
                ground support equipment into eligible zero-emission 
                vehicles and equipment or acquiring, by purchase or 
                lease, eligible zero-emission vehicles and equipment.
                    ``(Q) constructing or modifying airport facilities 
                to install a microgrid in order to provide increased 
                resilience to severe weather, terrorism, and other 
                causes of grid failures.''.
            (2) Additional definitions.--Section 47102 of title 49, 
        United States Code, as amended by this Act, is further amended 
        by adding at the end the following:
            ``(30) `eligible zero-emission vehicle and equipment' means 
        a zero-emission vehicle, equipment related to such a vehicle, 
        and ground support equipment that includes zero-emission 
        technology that is--
                    ``(A) used exclusively at a commercial service 
                airport; or
                    ``(B) used exclusively to transport people or 
                materials to and from a commercial service airport.
            ``(31) `microgrid' means a localized grouping of 
        electricity sources and loads that normally operates connected 
        to and synchronous with the traditional centralized electrical 
        grid, but can disconnect and function autonomously as physical 
        or economic conditions dictate.
            ``(32) `zero-emission vehicle' means a zero-emission 
        vehicle as defined in section 88.102-94 of title 40, Code of 
        Federal Regulations, or a vehicle that produces zero exhaust 
        emissions of any criteria pollutant (or precursor pollutant) 
        under any possible operational modes and conditions.''.
            (3) Special apportionment categories.--Section 
        47117(e)(1)(A) of title 49, United States Code, is amended by 
        inserting ``for airport development described in section 
        47102(3)(P),'' after ``under section 47141,''.
    (c) Zero-Emission Program.--Chapter 471 of title 49, United States 
Code, is amended--
            (1) by striking section 47136;
            (2) by redesignating section 47136a as section 47136; and
            (3) in section 47136, as so redesignated, by striking 
        subsections (a) and (b) and inserting the following:
    ``(a) In General.--The Secretary of Transportation may establish a 
pilot program under which the sponsors of not less than 10 public-use 
airports may use funds made available under this chapter or section 
48103 for use at such airports to carry out--
            ``(1) activities associated with the acquisition, by 
        purchase or lease, and operation of zero-emission vehicles, 
        including removable power sources for such vehicles; and
            ``(2) the construction or modification of infrastructure to 
        facilitate the delivery of fuel and services necessary for the 
        use of such vehicles.
    ``(b) Eligibility.--A public-use airport is eligible for 
participation in the program if the vehicles or ground support 
equipment are--
            ``(1) used exclusively at the airport; or
            ``(2) used exclusively to transport people or materials to 
        and from the airport.'';
            (4) in section 47136, as so redesignated, by striking 
        subsections (d) and (e) and inserting the following:
    ``(d) Federal Share.--The Federal share of the cost of a project 
carried out under the program shall be the Federal share specified in 
section 47109.
    ``(e) Technical Assistance.--
            ``(1) In general.--The sponsor of a public-use airport may 
        use not more than 10 percent of the amounts made available to 
        the sponsor under the program in any fiscal year for--
                    ``(A) technical assistance; and
                    ``(B) project management support to assist the 
                airport with the solicitation, acquisition, and 
                deployment of zero-emission vehicles, related 
                equipment, and supporting infrastructure.
            ``(2) Providers of technical assistance.--To receive the 
        technical assistance or project management support described in 
        paragraph (1), participants in the program may use--
                    ``(A) a nonprofit organization selected by the 
                Secretary; or
                    ``(B) a university transportation center receiving 
                grants under section 5505 in the region of the 
                airport.'';
            (5) in section 47136, as so redesignated, in subsection (f) 
        by striking ``section 47136'' and inserting ``the inherently 
        low emission airport vehicle pilot program''; and
            (6) in section 47136, as so redesignated, by adding at the 
        end the following:
    ``(g) Allowable Project Cost.--The allowable project cost for the 
acquisition of a zero-emission vehicle shall be the total cost of 
purchasing or leasing the vehicle, including the cost of technical 
assistance or project management support described in subsection (e).
    ``(h) Flexible Procurement.--A sponsor of a public-use airport may 
use funds made available under the program to acquire, by purchase or 
lease, a zero-emission vehicle and a removable power source in separate 
transactions, including transactions by which the airport purchases the 
vehicle and leases the removable power source.
    ``(i) Testing Required.--A sponsor of a public-use airport may not 
use funds made available under the program to acquire a zero-emission 
vehicle unless that make, model, or type of vehicle has been tested by 
a Federal vehicle testing facility acceptable to the Secretary.
    ``(j) Removable Power Source Defined.--In this section, the term 
`removable power source' means a power source that is separately 
installed in, and removable from, a zero-emission vehicle and may 
include a battery, a fuel cell, an ultra-capacitor, or other advanced 
power source used in a zero-emission vehicle.''.
    (d) Clerical Amendment.--The analysis for chapter 471 of title 49, 
United States Code, is amended by striking the items relating to 
sections 47136 and 47136a and inserting the following:

``47136. Zero-emission airport vehicles and infrastructure.''.

SEC. 639. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, each air carrier operating under part 121 of title 14, 
Code of Federal Regulations (in this section referred to as a ``part 
121 air carrier''), shall submit to the Administrator of the Federal 
Aviation Administration for review and acceptance an Employee Assault 
Prevention and Response Plan related to the customer service agents of 
the air carrier and that is developed in consultation with the labor 
union representing such agents.
    (b) Contents of Plan.--An Employee Assault Prevention and Response 
Plan submitted under subsection (a) shall include the following:
            (1) Reporting protocols for air carrier customer service 
        agents who have been the victim of a verbal or physical 
        assault.
            (2) Protocols for the immediate notification of law 
        enforcement after an incident of verbal or physical assault 
        committed against an air carrier customer service agent.
            (3) Protocols for informing Federal law enforcement with 
        respect to violations of section 46503 of title 49, United 
        States Code.
            (4) Protocols for ensuring that a passenger involved in a 
        violent incident with a customer service agent of an air 
        carrier is not allowed to move through airport security or 
        board an aircraft until appropriate law enforcement has had an 
        opportunity to assess the incident and take appropriate action.
            (5) Protocols for air carriers to inform passengers of 
        Federal laws protecting Federal, airport, and air carrier 
        employees who have security duties within an airport.
    (c) Employee Training.--A part 121 air carrier shall conduct 
initial and recurrent training for all employees, including management, 
of the air carrier with respect to the plan required under subsection 
(a), which shall include training on de-escalating hostile situations, 
written protocols on dealing with hostile situations, and the reporting 
of relevant incidents.

SEC. 640. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER EMPLOYEES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall conduct a 
study on the training received by customer-facing employees of air 
carriers.
    (b) Contents.--The study shall include--
            (1) an analysis of the training received by customer-facing 
        employees with respect to the management of disputes on 
        aircraft; and
            (2) an examination of how institutions of higher learning, 
        in coordination with air carriers, customer-facing employees 
        and their representatives, consumer advocacy organizations, and 
        other stakeholders, could--
                    (A) review such training and related practices;
                    (B) produce recommendations; and
                    (C) if determined appropriate, provide supplemental 
                training.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the study.

SEC. 641. MINIMUM DIMENSIONS FOR PASSENGER SEATS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and after providing notice and an opportunity for comment, 
the Administrator of the Federal Aviation Administration shall issue 
regulations that establish minimum dimensions for passenger seats on 
aircraft operated by air carriers in interstate air transportation or 
intrastate air transportation, including minimums for seat pitch, 
width, and length, and that are necessary for the safety and health of 
passengers.
    (b) Definitions.--The definitions contained in section 40102(a) of 
title 49, United States Code, apply to this section.

SEC. 642. STUDY OF GROUND TRANSPORTATION OPTIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study that 
examines the ground transportation options at the Nation's 10 busiest 
airports in order to--
            (1) understand the impact of new and emerging 
        transportation options for travelers to get into and out of 
        airports;
            (2) determine whether it is appropriate to use airport 
        improvement funds and revenues from passenger facility charges 
        to address traffic congestion and passenger travel times 
        between urban commercial centers and airports; and
            (3) review guidelines and requirements for airport 
        improvement funds and passenger facility charges to determine 
        under what conditions such funds may be used to address traffic 
        congestion in urban commercial centers for travel to airports.
                                                 Union Calendar No. 213

115th CONGRESS

  1st Session

                               H. R. 2997

                          [Report No. 115-296]

_______________________________________________________________________

                                 A BILL

To transfer operation of air traffic services currently provided by the 
Federal Aviation Administration to a separate not-for-profit corporate 
entity, to reauthorize programs of the Federal Aviation Administration, 
                        and for other purposes.

_______________________________________________________________________

                           September 6, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed