[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4
To reauthorize programs of the Federal Aviation Administration, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2018
Mr. Shuster (for himself, Mr. DeFazio, Mr. Smith of Texas, Mr.
LoBiondo, Mr. Larsen of Washington, Mr. Barletta, Ms. Titus, Mr. Graves
of Missouri, Ms. Norton, Mr. Hunter, Mr. Garamendi, Mr. Denham, Mr.
Capuano, Mr. Graves of Louisiana, and Mrs. Napolitano) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Financial
Services, Ways and Means, Science, Space, and Technology, and Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 ``FAA
Reauthorization Act of 2018''.
(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.
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--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
Sec. 201. Definitions.
Sec. 202. Safety Oversight and Certification Advisory Committee.
Subtitle B--Aircraft Certification Reform
Sec. 211. Aircraft certification performance objectives and metrics.
Sec. 212. Organization designation authorizations.
Sec. 213. ODA review.
Sec. 214. Type certification resolution process.
Sec. 215. Review of certification process for small general aviation
airplanes.
Subtitle C--Flight Standards Reform
Sec. 231. Flight standards performance objectives and metrics.
Sec. 232. FAA task force on flight standards reform.
Sec. 233. Centralized safety guidance database.
Sec. 234. Regulatory Consistency Communications Board.
Subtitle D--Safety Workforce
Sec. 241. Safety workforce training strategy.
Sec. 242. Workforce review.
Subtitle E--International Aviation
Sec. 251. Promotion of United States aerospace standards, products, and
services abroad.
Sec. 252. Bilateral exchanges of safety oversight responsibilities.
Sec. 253. FAA leadership abroad.
Sec. 254. Registration, certification, and related fees.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. FAA technical training.
Sec. 302. Safety critical staffing.
Sec. 303. International efforts regarding tracking of civil aircraft.
Sec. 304. Aircraft data access and retrieval systems.
Sec. 305. Advanced cockpit displays.
Sec. 306. Marking of towers.
Sec. 307. Cabin evacuation.
Sec. 308. ODA staffing and oversight.
Sec. 309. Funding for additional safety needs.
Sec. 310. Funding for additional FAA licensing needs.
Sec. 311. Emergency medical equipment on passenger aircraft.
Sec. 312. HIMS program.
Sec. 313. Acceptance of voluntarily provided safety information.
Sec. 314. Flight attendant duty period limitations and rest
requirements.
Sec. 315. Secondary cockpit barriers.
Sec. 316. Aviation maintenance industry technical workforce.
Sec. 317. Critical airfield markings.
Sec. 318. Regulatory Reform.
Subtitle B--Unmanned Aircraft Systems
Sec. 331. Definitions.
Sec. 332. Codification of existing law; additional provisions.
Sec. 333. Unmanned aircraft test ranges.
Sec. 334. Sense of Congress regarding unmanned aircraft safety.
Sec. 335. UAS privacy review.
Sec. 336. Public UAS operations by Tribal governments.
Sec. 337. Evaluation of aircraft registration for small unmanned
aircraft.
Sec. 338. Study on roles of governments relating to low-altitude
operation of small unmanned aircraft.
Sec. 339. Study on financing of unmanned aircraft services.
Sec. 340. Update of FAA comprehensive plan.
Sec. 341. Cooperation related to certain counter-UAS technology.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
Sec. 401. Reliable air service in American Samoa.
Sec. 402. Cell phone voice communication ban.
Sec. 403. Advisory committee for aviation consumer protection.
Sec. 404. Improved notification of insecticide use.
Sec. 405. Advertisements and disclosure of fees for passenger air
transportation.
Sec. 406. Involuntarily bumping passengers after aircraft boarded.
Sec. 407. Availability of consumer rights information.
Sec. 408. Consumer complaints hotline.
Sec. 409. Widespread disruptions.
Sec. 410. Involuntarily denied boarding compensation.
Sec. 411. Consumer information on actual flight times.
Sec. 412. Advisory committee for transparency in air ambulance
industry.
Sec. 413. Air ambulance complaints.
Sec. 414. Passenger rights.
Subtitle B--Aviation Consumers With Disabilities
Sec. 441. Select subcommittee.
Sec. 442. Aviation consumers with disabilities study.
Sec. 443. Feasibility study on in-cabin wheelchair restraint systems.
Sec. 444. Access advisory committee recommendations.
Subtitle C--Small Community Air Service
Sec. 451. Essential air service authorization.
Sec. 452. Extension of final order establishing mileage adjustment
eligibility.
Sec. 453. Study on essential air service reform.
Sec. 454. Small community air service.
Sec. 455. Air transportation to noneligible places.
TITLE V--MISCELLANEOUS
Sec. 501. Review of FAA strategic cybersecurity plan.
Sec. 502. Consolidation and realignment of FAA services and facilities.
Sec. 503. FAA review and reform.
Sec. 504. Aviation fuel.
Sec. 505. Right to privacy when using air traffic control system.
Sec. 506. Air shows.
Sec. 507. Part 91 review, reform, and streamlining.
Sec. 508. Aircraft registration.
Sec. 509. Air transportation of lithium cells and batteries.
Sec. 510. Remote tower pilot program for rural and small communities.
Sec. 511. Ensuring FAA readiness to provide seamless oceanic
operations.
Sec. 512. Sense of Congress regarding women in aviation.
Sec. 513. Obstruction evaluation aeronautical studies.
Sec. 514. Aircraft leasing.
Sec. 515. Report on obsolete test equipment.
Sec. 516. Pilots sharing flight expenses with passengers.
Sec. 517. Aviation rulemaking committee for part 135 pilot rest and
duty rules.
Sec. 518. Metropolitan Washington Airports Authority.
Sec. 519. Terminal Aerodrome Forecast.
Sec. 520. Federal Aviation Administration employees stationed on Guam.
Sec. 521. Technical corrections.
Sec. 522. Application of veterans' preference to Federal Aviation
Administration personnel management system.
Sec. 523. Public aircraft eligible for logging flight times.
Sec. 524. Federal Aviation Administration workforce review.
Sec. 525. State taxation.
Sec. 526. Aviation and aerospace workforce of the future.
Sec. 527. Future aviation and aerospace workforce study.
Sec. 528. FAA leadership on civil supersonic aircraft.
Sec. 529. Oklahoma registry office.
Sec. 530. Foreign air transportation under United States-European Union
Air Transport Agreement.
Sec. 531. Training on human trafficking for certain staff.
Sec. 532. Part 107 implementation improvements.
Sec. 533. Part 107 transparency and technology improvements.
Sec. 534. Prohibitions against smoking on passenger flights.
Sec. 535. Consumer protection requirements relating to large ticket
agents.
Sec. 536. FAA data transparency.
Sec. 537. Agency procurement reporting requirements.
Sec. 538. Zero-emission vehicles and technology.
Sec. 539. Employee Assault Prevention and Response Plans.
Sec. 540. Study on training of customer-facing air carrier employees.
Sec. 541. Minimum dimensions for passenger seats.
Sec. 542. Study of ground transportation options.
TITLE VI--DISASTER RECOVERY REFORM ACT
Sec. 601. Applicability.
Sec. 602. State defined.
Sec. 603. Wildfire prevention.
Sec. 604. Additional activities.
Sec. 605. Eligibility for code implementation and enforcement.
Sec. 606. Program improvements.
Sec. 607. Prioritization of facilities.
Sec. 608. Guidance on evacuation routes.
Sec. 609. Duplication of benefits.
Sec. 610. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 611. Assistance to individuals and households.
Sec. 612. Multifamily lease and repair assistance.
Sec. 613. Private nonprofit facility.
Sec. 614. Management costs.
Sec. 615. Flexibility.
Sec. 616. Additional disaster assistance.
Sec. 617. National veterinary emergency teams.
Sec. 618. Dispute resolution pilot program.
Sec. 619. Unified Federal environmental and historic preservation
review.
Sec. 620. Closeout incentives.
Sec. 621. Performance of services.
Sec. 622. Study to streamline and consolidate information collection.
Sec. 623. Agency accountability.
Sec. 624. Audit of contracts.
Sec. 625. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 626. Relief organizations.
Sec. 627. Guidance on inundated and submerged roads.
Sec. 628. Authorities.
Sec. 629. Recoupment of certain assistance prohibited.
Sec. 630. Statute of limitations.
Sec. 631. Technical assistance and recommendations.
Sec. 632. Guidance on hazard mitigation assistance.
Sec. 633. Local impact.
Sec. 634. Additional hazard mitigation activities.
Sec. 635. National public infrastructure predisaster hazard mitigation.
Sec. 636. Additional mitigation activities.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 711. Associate Administrator for Research and Development.
Sec. 712. Research advisory committee.
Subtitle C--Unmanned Aircraft Systems
Sec. 721. Unmanned aircraft systems research and development roadmap.
Sec. 722. Probabilistic metrics for exemptions.
Sec. 723. Probabilistic assessment of risks.
Sec. 724. Unmanned aerial vehicle-manned aircraft collision research.
Sec. 725. Special rule for research and development.
Sec. 726. Beyond line-of-sight research and development.
Subtitle D--Cybersecurity
Sec. 731. Cyber Testbed.
Sec. 732. Cabin communications, entertainment, and information
technology systems cybersecurity
vulnerabilities.
Sec. 733. Cybersecurity threat modeling.
Sec. 734. National Institute of Standards and Technology cybersecurity
standards.
Sec. 735. Cybersecurity research coordination.
Sec. 736. Cybersecurity research and development program.
Subtitle E--FAA Research and Development Activities
Sec. 741. Research plan for the certification of new technologies into
the national airspace system.
Sec. 742. Aviation fuel research, development, and usage.
Sec. 743. Air traffic surveillance over oceans and other remote
locations.
Sec. 744. Single-piloted commercial cargo aircraft.
Sec. 745. Electromagnetic spectrum research and development.
TITLE VIII--AVIATION REVENUE PROVISIONS
Sec. 801. Expenditure authority from Airport and Airway Trust Fund.
Sec. 802. Extension of taxes funding Airport and Airway Trust Fund.
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) $3,350,000,000 for fiscal year 2018;
``(2) $3,350,000,000 for fiscal year 2019;
``(3) $3,350,000,000 for fiscal year 2020;
``(4) $3,350,000,000 for fiscal year 2021;
``(5) $3,350,000,000 for fiscal year 2022; and
``(6) $3,350,000,000 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 ``2018,'' and inserting ``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.
``(4) $3,118,000,000 for fiscal year 2021.
``(5) $3,190,000,000 for fiscal year 2022.
``(6) $3,263,000,000 for fiscal year 2023.''.
(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''.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United States Code,
is amended by striking subparagraphs (A) through (F) and inserting the
following:
``(A) $10,231,000,000 for fiscal year 2018;
``(B) $10,434,000,000 for fiscal year 2019;
``(C) $10,639,000,000 for fiscal year 2020;
``(D) $10,861,000,000 for fiscal year 2021;
``(E) $11,095,000,000 for fiscal year 2022; and
``(F) $11,329,000,000 for fiscal year 2023.''.
(b) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2018,'' and inserting ``fiscal years 2018 through 2023,''.
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 2018''.
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 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 ``2018'' and inserting ``2023''.
SEC. 124. GRANT ASSURANCES.
(a) Construction of Recreational Aircraft.--Section 47107 of title
49, United States Code, 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 2018'' and inserting ``fiscal years
2018 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 2018'' and inserting ``fiscal
years 2018 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)(i)(I) of
title 49, United States Code, is amended by striking
``pilot''.
(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) 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 55 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 as a result of 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 as a result of the
operation of the tower.
``(E) Other actual costs of the Federal Aviation
Administration directly associated with the tower that
would not be incurred except as a result of the
operation of the tower (excluding costs for non-
contract tower related personnel and equipment, even if
the personnel or equipment are located in the contract
tower building).
``(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 2018 through 2021, 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 ``2018'' and inserting ``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 a civil subsonic jet aircraft 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--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
SEC. 201. 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 202.
(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. 202. 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. 211. 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 202, 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 202, 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. 212. 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. 213. 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. 214. 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. 215. 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. 231. 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 202, 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 202, 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. 232. 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. 233. 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. 234. 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 202, 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. 241. 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. 242. 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. 251. 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. 252. 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. 253. 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. 254. 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 III--SAFETY
Subtitle A--General Provisions
SEC. 301. 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. 302. 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, 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.
(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; and
(ii) to meet the future growth of the
aviation industry; and
(B) a determination on whether the staffing model
takes into account the Administration's authority to
fully utilize designees.
(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.
SEC. 303. 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. 304. 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. 305. 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. 306. 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 FAA
Reauthorization Act of 2018 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 FAA Reauthorization Act
of 2018.''.
SEC. 307. 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. 308. 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;
(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.
(b) ODA Defined.--In this section, the term ``ODA'' has the meaning
given that term in section 44736 of title 49, United States Code, as
added by this Act.
SEC. 309. 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. 310. 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. 311. 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. 312. 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. 313. 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. 314. 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. 315. 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. 316. 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. 317. 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
retroreflectivity 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.
SEC. 318. REGULATORY REFORM.
Section 106(p)(5) of title 49, United States Code, is amended by
inserting ``or aerospace'' after ``aviation''.
Subtitle B--Unmanned Aircraft Systems
SEC. 331. 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. 332. 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 or otherwise
attached to 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, in coordination with the Administrator of the
National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and
academia, the roadmap annually. The roadmap shall include, at a
minimum--
``(A) cost estimates, planned schedules, and
performance benchmarks, including specific tasks,
milestones, and timelines, for unmanned aircraft
systems integration into the national airspace system,
including an identification of--
``(i) the role of the unmanned aircraft
systems test ranges established under
subsection (c) and the Unmanned Aircraft
Systems Center of Excellence;
``(ii) performance objectives for unmanned
aircraft systems that operate in the national
airspace system; and
``(iii) research and development priorities
for tools that could assist air traffic
controllers as unmanned aircraft systems are
integrated into the national airspace system,
as appropriate;
``(B) a description of how the Administration plans
to use research and development, including research and
development conducted through NASA's Unmanned Aircraft
Systems Traffic Management initiatives, to accommodate,
integrate, and provide for the evolution of unmanned
aircraft systems in the national airspace system;
``(C) an assessment of critical performance
abilities necessary to integrate unmanned aircraft
systems into the national airspace system, and how
these performance abilities can be demonstrated; and
``(D) an update on the advancement of technologies
needed to integrate unmanned aircraft systems into the
national airspace system, including decisionmaking by
adaptive systems, such as sense-and-avoid capabilities
and cyber physical systems security.
``(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. 333. 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 FAA Reauthorization Act of
2018''.
(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.--
(1) In general.--In this section, the term ``test range''
means a defined geographic area where research and development
are conducted as authorized by the Administrator of the Federal
Aviation Administration.
(2) Inclusions.--Such term includes any of the 6 test
ranges established by the Administrator of the Federal Aviation
Administration under section 332(c) of the FAA Modernization
and Reform Act of 2012, as in effect on the day before the date
of enactment of this subsection, and any public entity
authorized by the Federal Aviation Administration as an
unmanned aircraft system flight test center before January 1,
2009.
SEC. 334. 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. 335. 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. 336. 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. 337. 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. 338. 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. 339. 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. 340. 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 developed pursuant to 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. 341. 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 IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
SEC. 401. 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. 402. 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. 403. 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 ``2018'' and inserting
``2023''.
SEC. 404. 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. 405. 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. 406. 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. 407. 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. 408. 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. 409. 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. 410. 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. 411. 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. 412. 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. 413. 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. 414. 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. 441. 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. 442. 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. 443. 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. 444. 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. 451. 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 ``$153,000,000 for fiscal year
2018, $156,000,000 for fiscal year 2019, $159,000,000 for fiscal year
2020, $162,000,000 for fiscal year 2021, $165,000,000 for fiscal year
2022, and $168,000,000 for fiscal year 2023''.
SEC. 452. 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
``2018'' and inserting ``2023''.
SEC. 453. 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. 454. 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. 455. 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 V--MISCELLANEOUS
SEC. 501. REVIEW OF FAA STRATEGIC CYBERSECURITY PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
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 under subsection (a), the
Administrator shall--
(1) assess the degree to which the framework identifies and
addresses known cybersecurity risks associated with the
aviation system;
(2) review existing short- and long-term objectives for
addressing cybersecurity risks to the national airspace system;
and
(3) assess the Administration's level of engagement and
coordination with aviation stakeholders and other appropriate
agencies, organizations, or groups with which the
Administration consults to carry out the framework.
(c) Updates.--Upon completion of the review under subsection (a),
the Administrator shall modify the framework, as appropriate, to
address any deficiencies identified by the review.
(d) Report to Congress.--Not later than 180 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. 502. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND FACILITIES.
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.''.
SEC. 503. 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 18 months after the date of
enactment of 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. 504. 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, 2024.
SEC. 505. 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. 506. 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. 507. 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. 508. 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. 509. 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; and
(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. 510. 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) 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.
(e) Airport Improvement Program.--The pilot program shall be
eligible for airport improvement funding under chapter 471 of title 49,
United States Code.
(f) 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.
(g) 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.
(h) Sunset.--The pilot program shall terminate on the date that is
3 years after the date of enactment of this Act.
SEC. 511. 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. 512. 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. 513. 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. 514. 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. 515. 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. 516. 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. 517. 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. 518. 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. 519. 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. 520. 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. 521. 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. 522. 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. 523. 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. 524. 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. 525. 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. 526. 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. 527. 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. 528. 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. 529. 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. 530. 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:
``(48) `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. 531. 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. 532. 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. 533. 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. 534. 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. 535. 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. 536. FAA DATA TRANSPARENCY.
Section 45303 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Data Transparency.--
``(1) Air traffic services initial data report.--
``(A) Initial report.--Not later than 6 months
after the date of enactment of the FAA Reauthorization
Act of 2018, the Administrator and the Chief Operating
Officer of the Air Traffic Organization shall, based
upon the most recently available full fiscal year data,
complete the following calculations for each segment of
air traffic services users:
``(i) The total costs allocable to the use
of air traffic services for that segment during
such fiscal year.
``(ii) The total revenues received from
that segment during such fiscal year.
``(B) Validation of model.--
``(i) Review and determination.--Not later
than 3 months after completion of the initial
report required under subparagraph (A), the
Inspector General of the Department of
Transportation shall review and determine the
validity of the model used by the Administrator
and the Chief Operating Officer to complete the
calculations required under subparagraph (A).
``(ii) Validation process.--In the event
that the Inspector General determines that the
model used by the Administrator and the Chief
Operating Officer to complete the calculations
required by subparagraph (A) is not valid--
``(I) the Inspector General shall
provide the Administrator and Chief
Operating Officer recommendations on
how to revise the model;
``(II) the Administrator and the
Chief Operating Officer shall complete
the calculations required by
subparagraph (A) utilizing the revised
model and resubmit the revised initial
report required under subparagraph (A)
to the Inspector General; and
``(III) not later than 3 months
after completion of the revised initial
report required under subparagraph (A),
the Inspector General shall review and
determine the validity of the revised
model used by the Administrator and the
Chief Operating Officer to complete the
calculations required by subparagraph
(A).
``(iii) Access to data.--The Administrator
and the Chief Operating Officer shall provide
the Inspector General of the Department of
Transportation with unfettered access to all
data produced by the cost accounting system
operated and maintained pursuant to subsection
(e).
``(C) Report to congress.--Not later than 60 days
after completion of the review and receiving a
determination that the model used is valid under
subparagraph (B), the Administrator and the Chief
Operating Officer shall submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the
Senate a report describing the results of the
calculations completed under subparagraph (A).
``(D) Publication.--Not later than 60 days after
submission of the report required under subparagraph
(C), the Administrator and Chief Operating Officer
shall publish the initial report, including any
revision thereto if required as a result of the
validation process for the model.
``(2) Air traffic services biennial data reporting.--
``(A) Biennial data reporting.--Not later than
March 31, 2019, and biennially thereafter for 8 years,
the Administrator and the Chief Operating Officer
shall, using the validated model, complete the
following calculations for each segment of air traffic
services users for the most recent full fiscal year:
``(i) The total costs allocable to the use
of the air traffic services for that segment.
``(ii) The total revenues received from
that segment.
``(B) Report to congress.--Not later than 15 days
after completing the calculations under subparagraph
(A), the Administrator and the Chief Operating Officer
shall complete and submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the
Senate a report containing the results of such
calculations.
``(C) Publication.--Not later than 60 days after
completing the calculations pursuant to subparagraph
(A), the Administrator and the Chief Operating Officer
shall publish the results of such calculations.
``(3) Segments of air traffic services users.--
``(A) In general.--For purposes of this subsection,
each of the following shall constitute a separate
segment of air traffic services users:
``(i) Passenger air carriers conducting
operations under part 121 of title 14, Code of
Federal Regulations.
``(ii) All-cargo air carriers conducting
operations under part 121 of such title.
``(iii) Operators covered by part 125 of
such title.
``(iv) Air carriers and operators of
piston-engine aircraft operating under part 135
of such title.
``(v) Air carriers and operators of
turbine-engine aircraft operating under part
135 of such title.
``(vi) Foreign air carriers providing
passenger air transportation.
``(vii) Foreign air carriers providing all-
cargo air transportation.
``(viii) Operators of turbine-engine
aircraft operating under part 91 of such title,
excluding those operating under subpart (K) of
such part.
``(ix) Operators of piston-engine aircraft
operating under part 91 of such title,
excluding those operating under subpart (K) of
such part.
``(x) Operators covered by subpart (K) of
part 91 of such title.
``(xi) Operators covered by part 133 of
such title.
``(xii) Operators covered by part 136 of
such title.
``(xiii) Operators covered by part 137 of
such title.
``(xiv) Operators of public aircraft that
qualify under section 40125.
``(xv) Operators of aircraft that neither
take off from, nor land in, the United States.
``(B) Additional segments.--The Secretary may
identify and include additional segments of air traffic
users under paragraph (A) as revenue and air traffic
services cost data becomes available for that
additional segment of air traffic services users.
``(4) Definitions.--For purposes of this subsection:
``(A) Air traffic services.--The term `air traffic
services' means services--
``(i) 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
``(ii) provided directly, or contracted
for, by the Federal Aviation Administration.
``(B) Air traffic services user.--The term `air
traffic services user' means any individual or entity
using air traffic services provided directly, or
contracted for, by the Federal Aviation Administration
within United States airspace or international airspace
delegated to the United States.''.
SEC. 537. 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. 538. 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, as amended by this Act, is further
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. 539. 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. 540. 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. 541. 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. 542. 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.
TITLE VI--DISASTER RECOVERY REFORM ACT
SEC. 601. APPLICABILITY.
Except as otherwise expressly provided, the amendments in this
title to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) apply to each major disaster
and emergency declared by the President on or after August 1, 2017,
under such Act.
SEC. 602. STATE DEFINED.
In this title, the term ``State'' has the meaning given that term
in section 102(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(4)).
SEC. 603. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
section 636(a) of this Act)--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Administrator of the
Federal Emergency Management Agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Appropriations Committees of the Senate and the House of
Representatives a report containing a summary of any projects carried
out, and any funding provided to those projects, under subsection (d)
of section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187) (as amended by this section).
SEC. 604. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a wildfire
or windstorm, including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels; and
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole structures
with poles that are resilient to extreme wind and combined ice
and wind loadings for the basic wind speeds and ice conditions
associated with the relevant location.''.
SEC. 605. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of
adopted building codes for a period of not more than
180 days after the major disaster is declared.''.
SEC. 606. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C. 5189f) is
amended--
(1) by inserting ``(1) In general.--'' before
``Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the election
by a State, Tribal, or local government, or owner or operator
of a private nonprofit facility to participate in the
alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42 U.S.C.
5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed
engineer and accepted by the Administrator, the
estimates on which grants made pursuant to this section
are based shall be presumed to be reasonable and
eligible costs, as long as there is no evidence of
fraud.''.
SEC. 607. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
provide guidance and training on an annual basis to State, Tribal, and
local governments, first responders, and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that such
health care facilities remain functioning or return to
functioning as soon as practicable during power outages caused
by natural hazards, including severe weather events; and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency.
SEC. 608. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State, local,
and Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts
and recovered quickly from disasters, regardless of
cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare
centers, mobile home parks, prisons, nursing
homes and other long-term care facilities, and
detention centers;
(iii) individuals with limited-English
proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator of
the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 609. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the
general prohibition provided in subsection (a) upon
request of a Governor on behalf of the State or on
behalf of a person, business concern, or any other
entity suffering losses as a result of a major disaster
or emergency, if the President finds such waiver is in
the public interest and will not result in waste,
fraud, or abuse. In making this decision, the President
may consider the following:
``(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation with the
Federal agency or agencies administering the
duplicative program.
``(ii) If a waiver is granted, the
assistance to be funded is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later
than 45 days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in
carrying out subparagraph (A), the President may not
determine that a loan is a duplication of assistance,
provided that all Federal assistance is used toward a
loss suffered as a result of the major disaster or
emergency.''.
(b) Funding of a Federally Authorized Water Resources Development
Project.--
(1) Eligible activities.--Notwithstanding section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and its implementing regulations,
assistance provided pursuant to section 404 of such Act may be
used to fund activities authorized for construction within the
scope of a federally authorized water resources development
project of the Army Corps of Engineers if such activities are
also eligible activities under such section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this section shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this section shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section
404 pursuant to this section may not exceed the total Federal
share for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard
mitigation measure under section 404;
(C) affect the cost share requirements of a
federally authorized water resources development
project; and
(D) affect the responsibilities of a non-Federal
interest with respect to the project, including those
related to the provision of lands, easements, rights-
of-way, dredge material disposal areas, and necessary
relocations.
(c) Applicability.--This section shall apply to each disaster and
emergency declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) after January 1,
2016.
SEC. 610. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
HOUSING AND PERMANENT HOUSING CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State- or tribal-administered assistance and other
needs assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the
President and the State or Tribal government comply, as
determined by the Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State or Tribal government
desiring to provide assistance under subsection
(c)(1)(B), (c)(4), or (e) shall submit to the President
an application for a grant to provide financial
assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State, Tribal, and local governments,
shall establish criteria for the approval of
applications submitted under subparagraph (A). The
criteria shall include, at a minimum--
``(i) the demonstrated ability of the State
or Tribal government to manage the program
under this section;
``(ii) there being in effect a plan
approved by the President as to how the State
or Tribal government will comply with
applicable Federal laws and regulations and how
the State or Tribal government will provide
assistance under its plan;
``(iii) a requirement that the State,
Tribal, or local government comply with rules
and regulations established pursuant to
subsection (j); and
``(iv) a requirement that the President, or
the designee of the President, comply with
subsection (i).
``(C) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President, shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for this program and for programs under
subsections (c)(1)(B), (c)(4), and (e). The President
shall monitor and conduct quality assurance activities
on a State or Tribal government's implementation of
programs under subsections (c)(1)(B), (c)(4), and (e).
If, after approving an application of a State or Tribal
government submitted under this section, the President
determines that the State or Tribal government is not
administering the program established by this section
in a manner satisfactory to the President, the
President shall withdraw the approval.
``(D) Audits.--The Office of the inspector general
shall provide for periodic audits of the programs
administered by States and Tribal governments under
this subsection.
``(E) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of
the programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(F) Report.--Not later than 18 months after the
date of enactment of this paragraph, the inspector
general of the Department of Homeland Security shall
submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on the State or Tribal
government's role to provide assistance under this
section. The report shall contain an assessment of the
effectiveness of the State or Tribal government's role
to provide assistance under this section, including--
``(i) whether the State or Tribal
government's role helped to improve the general
speed of disaster recovery;
``(ii) whether the State or Tribal
government providing assistance under this
section had the capacity to administer this
section; and
``(iii) recommendations for changes to
improve the program if the State or Tribal
government's role to administer the programs
should be continued.
``(G) Prohibition.--The President may not condition
the provision of Federal assistance under this Act by a
State or Tribal government requesting a grant under
this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The
Administrator may waive notice and comment
rulemaking, if the Administrator determines
doing so is necessary to expeditiously
implement this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall issue final regulations
to implement this subsection as amended by the
Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The
authority under clause (i) and any pilot
program implemented pursuant to such clause
shall expire 2 years after the date of
enactment of this paragraph or upon issuance of
final regulations pursuant to clause (ii),
whichever occurs sooner.''.
SEC. 611. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established
under paragraph (1) shall exclude expenses to repair or
replace damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
``(B) The maximum amount of assistance established
under paragraph (2) shall exclude expenses to repair or
replace accessibility-related personal property under
subsection (e)(2) for individuals with disabilities.''.
SEC. 612. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary Housing.--
Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is
amended to read as follows:
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement.''.
(b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease
agreements with owners of
multifamily rental property
impacted by a major disaster or
located in areas covered by a
major disaster declaration to
house individuals and
households eligible for
assistance under this section;
and''.
(c) Inspector General Report.--Not later than 2 years after the
date of the enactment of this Act, the inspector general of the
Department of Homeland Security shall assess the use of the authority
provided under section 408(c)(1)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)),
including the adequacy of any benefit-cost analysis done to justify the
use of this alternative, and submit a report on the results of that
review to the appropriate committees of Congress.
SEC. 613. PRIVATE NONPROFIT FACILITY.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended in paragraph (11)(B) by
inserting ``food banks,'' after ``shelter workshops,''.
SEC. 614. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the
following: ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 615. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered assistance''
means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator of the Federal Emergency
Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on
an error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against
equity and good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
(c) Monitoring of Covered Assistance Distributed Based on Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the
Administrator and publish the determination in the
Federal Register; and
(B) with respect to any major disaster or emergency
declared by the President under section 401 or section
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170; 42
U.S.C. 5191) after the date on which the determination
is published under subparagraph (A), the authority of
the Administrator to waive debt under subsection (b)
shall no longer be effective.
SEC. 616. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
at the end the following:
``(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the Secretary may
encourage hazard mitigation in assistance provided pursuant to such
subsection.''.
(b) Emergency Management Assistance Compact Grants.--Section 661(d)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
761(d)) is amended by striking ``for fiscal year 2008'' and inserting
``for each of fiscal years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--Section
662(f) of the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 762(f)) is amended by striking ``the program'' and all that
follows through ``2012'' and inserting ``the program, for each of
fiscal years 2018 through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended by striking the second subparagraph (J).
SEC. 617. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary
emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals,
service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic
diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and
nonprofit organizations in developing emergency management and
evacuation plans that account for the care and rescue of
animals and in improving local readiness for providing
veterinary medical response during a disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department of
Agriculture, State, Tribal, and local governments (including
departments of animal and human health), veterinary and health
care professionals, and volunteers.
SEC. 618. DISPUTE RESOLUTION PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42
U.S.C. 5189a note) is amended by striking ``2015'' and inserting
``2022''.
SEC. 619. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall review the Unified Federal Environmental and
Historic Preservation review process established pursuant to section
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001-01.
SEC. 620. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement this section.
SEC. 621. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency
is authorized to appoint temporary personnel, after serving
continuously for 3 years, to positions in the Agency in the same manner
that competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such positions.
An individual appointed under this subsection shall become a career-
conditional employee, unless the employee has already completed the
service requirements for career tenure.''.
SEC. 622. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of information
from disaster assistance applicants and grantees will be
modified, streamlined, expedited, efficient, flexible,
consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular collection
and reporting of information on Federal disaster assistance
awarded, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 623. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator shall publish on the Agency's website the
specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any mission
assignment or mission assignment task order to another Federal
department or agency regarding a major disaster in excess of
$1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or
Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if
applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Tribe
requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator shall publish on the
Agency's website reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year;
``(B) the unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1;
``(C) the amount of obligations for noncatastrophic
events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the fifth
day of each month:
``(A) A summary of the amount of appropriations
made available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity
delineated by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category
(including emergency measures and disaster
resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 624. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of
the Federal Emergency Management Agency shall not reimburse a State,
Tribe, or local government or the owner or operator of a private
nonprofit facility for any activities made pursuant to a contract
entered into after August 1, 2017, that prohibits the Administrator or
the Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
SEC. 625. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the inspector general of the Department of Homeland
Security shall initiate an audit of the contracts awarded by the
Federal Emergency Management Agency (in this section referred to as
``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto
Rico and the United States Virgin Islands in response to Hurricane Irma
and Hurricane Maria.
(b) Considerations.--In carrying out the audit under subsection
(a), the inspector general shall review--
(1) the contracting process used by FEMA to evaluate
offerors and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing that
the contractors had supported large-scale delivery quantities
in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and FEMA's subsequent
cancellation of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the United States Virgin Islands.
(c) Report.--Not later than 270 days after the date of initiation
of the audit under subsection (a), the inspector general shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 626. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 627. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management Agency, in
coordination with the Administrator of the Federal Highway
Administration, shall develop and issue guidance for State, local, and
Tribal governments regarding repair, restoration, and replacement of
inundated and submerged roads damaged or destroyed by a major disaster,
and for associated expenses incurred by the Government, with respect to
roads eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
SEC. 628. AUTHORITIES.
Notwithstanding any other provision of law, the non-federally
funded actions of private parties and State, local, or Tribal
governments, on State, local, Tribal, and private land, and the effects
of those actions, shall not be attributed to the Federal Emergency
Management Agency's actions under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance
Reform Act of 2012 (subtitle A of title II of division F of Public Law
112-141; 126 Stat. 916), and the Homeowner Flood Insurance
Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020) for the
purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538)
of the Endangered Species Act. Actions taken under the National Flood
Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the
Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner
Flood Insurance Affordability Act of 2014, that may influence private
actions do not create a Federal nexus for the purpose of applying the
requirements of section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536).
SEC. 629. RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.
(a) In General.--Notwithstanding section 3716(e) of title 31,
United States Code, and unless there is evidence of civil or criminal
fraud, the Federal Emergency Management Agency may not take any action
to recoup covered assistance from the recipient of such assistance if
the receipt of such assistance occurred on a date that is more than 3
years before the date on which the Federal Emergency Management Agency
first provides to the recipient written notification of an intent to
recoup.
(b) Covered Assistance Defined.--In this section, the term
``covered assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of such Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after January 1, 2012.
SEC. 630. STATUTE OF LIMITATIONS.
(a) In General.--Section 705 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting
``Notwithstanding section 3716(e) of title 31, United
States Code, and except''; and
(B) by striking ``report for the disaster or
emergency'' and inserting ``report for project
completion as certified by the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the
disaster or emergency'' and inserting ``report for
project completion as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project
completion as certified by the grantee'' after ``final
expenditure report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or after
January 1, 2004--
(A) no administrative action may be taken to
recover a payment of such assistance after the date of
enactment of this Act if the action is prohibited under
section 705(a)(1) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5205(a)(1)), as amended by subsection (a); and
(B) any administrative action to recover a payment
of such assistance that is pending on such date of
enactment shall be terminated if the action is
prohibited under section 705(a)(1) of that Act, as
amended by subsection (a).
(2) Limitation.--This section, including the amendments
made by this section, may not be construed to invalidate or
otherwise affect any administration action completed before the
date of enactment of this Act.
SEC. 631. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal
Emergency Management Agency shall provide technical assistance to a
common interest community that provides essential services of a
governmental nature on actions that a common interest community may
take in order to be eligible to receive reimbursement from a grantee
that receives funds from the Agency for certain activities performed
after an event that results in a disaster declaration.
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a legislative proposal on how to provide eligibility for
disaster assistance with respect to common areas of condominiums and
housing cooperatives.
SEC. 632. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue guidance regarding the acquisition of
property for open space as a mitigation measure under section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) that includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60 days
after the applicant for assistance enters into an agreement
with the Administrator regarding the acquisition, provide
written notification to each affected unit of local government
for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the
hazard mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph (1)
to--
(A) use and maintain the open space created by such
a project, consistent with section 404 (including
related regulations, standards, and guidance) and
consistent with all adjoining property, subject to the
notification of the adjoining property, so long as the
cost of the maintenance is borne by the local
government; and
(B) maintain the open space pursuant to standards
exceeding any local government standards defined in the
agreement with the Administrator described under
paragraph (1).
(b) Definitions.--In this section the following definitions apply:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), that has jurisdiction over the property subject
to the acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance
for an open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the
Federal Emergency Management Agency.
SEC. 633. LOCAL IMPACT.
In making recommendations to the President regarding a major
disaster declaration, the Administrator of the Federal Emergency
Management Agency shall give greater weight and consideration to severe
local impact or recent multiple disasters. Further, the Administrator
shall make corresponding adjustments to the Agency's policies and
regulations regarding such consideration. Not later than 1 year after
the date of enactment of this section, the Administrator shall report
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based on the new
criteria.
SEC. 634. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is further amended by adding at the
end the following:
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by earthquake
hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 635. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out
enforcement activities to implement the latest
published editions of relevant consensus-based
codes, specifications, and standards that
incorporate the latest hazard-resistant designs
and establish minimum acceptable criteria for
the design, construction, and maintenance of
residential structures and facilities that may
be eligible for assistance under this Act for
the purpose of protecting the health, safety,
and general welfare of the buildings' users
against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after
``competitive basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A),
add the amounts to any other amounts available to be
awarded on a competitive basis pursuant to paragraph
(1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government
has facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and
facilities that may be eligible for assistance under this Act
for the purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount of
the grants to be made pursuant to sections 403, 406, 407, 408,
410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act, the
estimated aggregate amount of grants for purposes of paragraph
(1) shall be determined by the President and such estimated
amount need not be reduced, increased, or changed due to
variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407, 408,
410, and 416 under this Act.''; and
(6) by striking subsections (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and (l),
respectively.
(b) Applicability.--The amendments made to section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to
funds appropriated after the date of enactment of this Act.
SEC. 636. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ``The President may contribute up to 75 percent of the cost
of hazard mitigation measures which the President has determined are
cost effective and which substantially reduce the risk of, or increase
resilience to, future damage, hardship, loss, or suffering in any area
affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42 U.S.C.
5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and
standards'' and inserting ``the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ``applicable at the time at which
the disaster occurred''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the
facility to meet the definition of resilient
developed pursuant to this subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of such Act (42 U.S.C.
5172(e)(1)) is further amended by inserting at the end the following:
``(C) Contributions.--Contributions for the
eligible cost made under this section may be provided
on an actual cost basis or on cost-estimation
procedures.''.
(d) New Rules.--Section 406(e) of such Act (42 U.S.C. 5172(e)) is
further amended by adding at the end the following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, shall issue a final
rulemaking that defines the terms `resilient' and
`resiliency' for purposes of this subsection.
``(B) Interim guidance.--Not later than 60 days
after the date of enactment of this paragraph, the
Administrator shall issue interim guidance to implement
this subsection. Such interim guidance shall expire 18
months after the date of enactment of this paragraph or
upon issuance of final regulations pursuant to
subparagraph (A), whichever occurs first.
``(C) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
``(D) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall submit to Congress a report summarizing the
regulations and guidance issued pursuant to this
paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (Public Law 106-390) is amended by inserting
``(B)'' after ``except that paragraph (1)''.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
SEC. 701. SHORT TITLE.
This title may be cited as the ``FAA Leadership in Groundbreaking
High-Tech Research and Development Act'' or the ``FLIGHT R&D Act''.
SEC. 702. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 48102(a) of title 49, United States
Code, is amended--
(1) in the matter before paragraph (1) by striking ``and,
for each of fiscal years 2012 through 2015, under subsection
(g)'';
(2) at the end of paragraph (9), by striking ``and''; and
(3) by striking paragraph (10) and inserting the following:
``(10) for fiscal year 2018, $181,000,000, including--
``(A) $128,500,000 for Safety Research and
Development programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural
Safety;
``(iv) Aircraft Icing/Digital System
Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure
Prevention Research;
``(vii) Flightdeck/Maintenance/System
Integration Human Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical
Operations Human Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for
General Aviation;
``(xiv) Joint Planning and Development
Office;
``(xv) Ocean and Other Remote Locations ATS
Research Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling
Program;
``(xviii) Single Piloted Commercial Cargo
Aircraft Program; and
``(xix) UAV-Manned Aircraft Collision
Research Program;
``(B) $26,000,000 for Economic Competitiveness
Research and Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human
Factors;
``(iii) Next Gen-Weather Technology in the
Cockpit; and
``(iv) Commercial Space Transportation
Safety;
``(C) $20,000,000 for Environmental Sustainability
Research and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-
Aircraft Technologies, Fuels and Metrics; and
``(D) $6,500,000 for Mission Support programs,
including--
``(i) System Planning and Resource
Management; and
``(ii) William J. Hughes Technical Center
Laboratory Facility;
``(11) for fiscal year 2019, $186,000,000, including--
``(A) $131,000,000 for Safety Research and
Development programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural
Safety;
``(iv) Aircraft Icing/Digital System
Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure
Prevention Research;
``(vii) Flightdeck/Maintenance/System
Integration Human Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical
Operations Human Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for
General Aviation;
``(xiv) Joint Planning and Development
Office;
``(xv) Ocean and Other Remote Locations ATS
Research Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling
Program;
``(xviii) Single Piloted Commercial Cargo
Aircraft Program; and
``(xix) UAV-Manned Aircraft Collision
Research Program;
``(B) $28,000,000 for Economic Competitiveness
Research and Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human
Factors;
``(iii) Next Gen-Weather Technology in the
Cockpit; and
``(iv) Commercial Space Transportation
Safety;
``(C) $20,000,000 for Environmental Sustainability
Research and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-
Aircraft Technologies, Fuels and Metrics; and
``(D) $7,000,000 for Mission Support programs,
including--
``(i) System Planning and Resource
Management; and
``(ii) William J. Hughes Technical Center
Laboratory Facility;
``(12) for fiscal year 2020, $190,000,000, including--
``(A) $133,500,000 for Safety Research and
Development programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural
Safety;
``(iv) Aircraft Icing/Digital System
Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure
Prevention Research;
``(vii) Flightdeck/Maintenance/System
Integration Human Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical
Operations Human Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for
General Aviation;
``(xiv) Joint Planning and Development
Office;
``(xv) Ocean and Other Remote Locations ATS
Research Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling
Program;
``(xviii) Single Piloted Commercial Cargo
Aircraft Program; and
``(xix) UAV-Manned Aircraft Collision
Research Program;
``(B) $29,000,000 for Economic Competitiveness
Research and Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human
Factors;
``(iii) Next Gen-Weather Technology in the
Cockpit; and
``(iv) Commercial Space Transportation
Safety;
``(C) $20,000,000 for Environmental Sustainability
Research and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-
Aircraft Technologies, Fuels and Metrics; and
``(D) $7,500,000 for Mission Support programs,
including--
``(i) System Planning and Resource
Management; and
``(ii) William J. Hughes Technical Center
Laboratory Facility;
``(13) for fiscal year 2021, $195,000,000;
``(14) for fiscal year 2022, $200,000,000; and
``(15) for fiscal year 2023, $204,000,000.''.
(b) Contingency Funding.--Section 48102(b) of title 49, United
States, Code, is amended by inserting after paragraph (3) the
following:
``(4) Notwithstanding subsection (a), no funds are authorized for a
fiscal year for Environmental Sustainability Research and Development
programs unless the full amount authorized for that fiscal year under
subsection (a) for the all of the following programs is appropriated
for that fiscal year:
``(A) Safety Research and Development programs.
``(B) Economic Competitiveness Research and Development
programs.
``(C) Mission Support programs.''.
(c) Annual Submission of the National Aviation Research Plan.--
Section 48102(g) of title 49, United States, Code, is amended to read
as follows:
``(g) Annual Submission of the National Aviation Research Plan.--
Notwithstanding subsection (a), no funds are authorized to be
appropriated for the Office of the Administrator for a fiscal year
unless the Secretary has submitted the national aviation research plan
to Congress no later than the date of submission of the President's
budget request to Congress for that fiscal year, as required under
section 44501(c).''.
Subtitle B--FAA Research and Development Organization
SEC. 711. ASSOCIATE ADMINISTRATOR FOR RESEARCH AND DEVELOPMENT.
(a) Appointment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall appoint an Associate
Administrator for Research and Development.
(b) Senior Executive Service.--The Associate Administrator for
Research and Development shall be a Senior Executive Service position.
(c) Responsibilities.--The Associate Administrator for Research and
Development shall, at a minimum, be responsible for--
(1) management and oversight of all the FAA's research and
development programs and activities; and
(2) production of all congressional reports from the FAA
relevant to research and development, including the national
aviation research plan required under section 44501(c) of title
49, United States Code.
(d) Dual Appointment.--The Associate Administrator for Research and
Development may be a dual-appointment, holding the responsibilities of
another Associate Administrator.
SEC. 712. RESEARCH ADVISORY COMMITTEE.
(a) Advice and Recommendations.--Section 44508(a)(1)(A) of title
49, United States Code, is amended to read as follows:
``(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration and
Congress about needs, objectives, plans, approaches, content,
and accomplishments of all aviation research and development
activities and programs carried out, including those under
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of
this title;''.
(b) Written Reply to Research Advisory Committee.--Section 44508 of
title 49, United States Code, is amended by adding at the end the
following:
``(f) Written Reply.--
``(1) In general.--Not later than 60 days after receiving
any recommendation from the research advisory committee, the
Administrator shall provide a written reply to the research
advisory committee that, at a minimum--
``(A) clearly states whether the Administrator
accepts or rejects the recommendations;
``(B) explains the rationale for the
Administrator's decision;
``(C) sets forth the timeframe in which the
Administrator will implement the recommendation; and
``(D) describes the steps the Administrator will
take to implement the recommendation.
``(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research advisory
committee, shall be--
``(A) made publicly available on the research
advisory committee website; and
``(B) transmitted to the Committee on Science,
Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
``(3) National aviation research plan.--The national
aviation research plan required under section 44501(c) shall
include a summary of all research advisory committee
recommendations and a description of the status of their
implementation.''.
Subtitle C--Unmanned Aircraft Systems
SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP.
No funds are authorized to be appropriated for the Office of the
Administrator for a fiscal year unless the Secretary has submitted the
unmanned aircraft systems roadmap to Congress on an annual basis as
required under section 45502(a) of title 49, United States Code, (as
added by this Act).
SEC. 722. PROBABILISTIC METRICS FOR EXEMPTIONS.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall commission an independent study to--
(1) develop parameters to conduct research and development
for probabilistic metrics to enable the identification of
hazards and the assessment of risks as necessary to make
determinations under section 45505(a) of title 49, United
States Code, (as added by this Act) that certain unmanned
aircraft systems may operate safely in the national airspace
system;
(2) identify additional research needed to more effectively
develop and use such metrics and make such determinations; and
(3) in developing parameters for probabilistic metrics,
this study shall take into account the utility of performance
standards to make determinations under section 45505(a) of
title 49, United States Code, (as added by this Act).
(b) Consideration of Results.--The Administrator shall consider the
results of the study conducted under subsection (a) when making a
determination described in subsection (a)(1).
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Administrator shall transmit the results of the study
conducted under subsection (a) to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 723. PROBABILISTIC ASSESSMENT OF RISKS.
The Administrator shall conduct research and development to enable
a probabilistic assessment of risks to inform requirements for
standards for operational certification of public unmanned aircraft
systems in the national airspace.
SEC. 724. UNMANNED AERIAL VEHICLE-MANNED AIRCRAFT COLLISION RESEARCH.
(a) Research.--The Administrator shall coordinate with NASA to
conduct comprehensive testing of unmanned aerial vehicles colliding
with a manned aircraft, including--
(1) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and commercial jet
airliners of various sizes, traveling at various speeds;
(2) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and propeller planes of
various sizes, traveling at various speeds;
(3) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and blimps of various
sizes, traveling at various speeds;
(4) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and rotorcraft of various
sizes, traveling at various speeds; and
(5) collisions between unmanned aerial vehicles and various
parts of the aforementioned aircraft, including--
(A) windshields;
(B) noses;
(C) engines;
(D) radomes;
(E) propellers; and
(F) wings.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall transmit a report summarizing the
costs and results of research under this section to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
SEC. 725. SPECIAL RULE FOR RESEARCH AND DEVELOPMENT.
Except as necessary to support enforcement action under applicable
provisions of law against persons operating unmanned aircraft in a
manner that endangers the safety of the national airspace system,
notwithstanding any other provision of law relating to the
incorporation of unmanned aircraft systems into FAA plans and policies,
the Administrator may not promulgate any rule or regulation regarding
the operation of an unmanned aircraft system--
(1) that is flown strictly for research and development
use;
(2) that is operated less than 400 feet above the ground
and in Class G airspace;
(3) that is operated in a manner that does not interfere
with and gives way to any manned aircraft; and
(4) 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
(unmanned 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)).
SEC. 726. BEYOND LINE-OF-SIGHT RESEARCH AND DEVELOPMENT.
(a) Amendments.--Section 332(c)(2) the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note) is amended--
(1) by striking ``Administrator shall'' and inserting
``Administrator'';
(2) at the beginning of each of subparagraphs (A) through
(F), by inserting ``shall'';
(3) at the end of subparagraph (E), by striking ``and'';
(4) at the end of subparagraph (F), by striking the period
and inserting a semicolon; and
(5) by adding at the end the following new subparagraphs:
``(G) shall allow beyond line-of-sight operation of
unmanned aircraft systems to be flown within the
boundaries of a test range established under this
subsection;
``(H) may promulgate regulations governing beyond
line-of-sight operation of unmanned aircraft systems
flown within the boundaries of a test range established
under this subsection for the purposes of public
safety; and
``(I) shall allow NASA to authorize operation of
beyond line-of-sight unmanned aircraft systems within
the boundaries of any NASA center or facility.''.
(b) Statutory Construction.--Nothing in the amendments made by
subsection (a) shall be construed to limit the authority of the
Administrator to pursue enforcement action under applicable provisions
of law against persons operating unmanned aircraft in a manner that
endangers the safety of the national airspace system.
Subtitle D--Cybersecurity
SEC. 731. CYBER TESTBED.
Not later than 6 months after the date of enactment of this Act,
the Administrator shall develop an integrated Cyber Testbed for
research, development, evaluation, and validation of air traffic
control modernization programs or technologies, before they enter the
national airspace system, as being compliant with FAA data security
regulations. The Cyber Testbed shall be part of an integrated research
and development test environment capable of creating, identifying,
defending, and solving cybersecurity-related problems for the national
airspace system. This integrated test environment shall incorporate
integrated test capacities within the FAA related to the national
airspace system and NextGen.
SEC. 732. CABIN COMMUNICATIONS, ENTERTAINMENT, AND INFORMATION
TECHNOLOGY SYSTEMS CYBERSECURITY VULNERABILITIES.
(a) Evaluation.--The Administrator shall evaluate and determine the
research and development needs associated with cybersecurity
vulnerabilities of cabin communications, entertainment, and information
technology systems on civil passenger aircraft. This evaluation shall
include research and development to address--
(1) technical risks and vulnerabilities;
(2) potential impacts on the national airspace and public
safety; and
(3) identification of deficiencies in cabin-based
cybersecurity.
(b) Assessment.--The Administrator shall--
(1) conduct an assessment of opportunities to cooperate
with the private sector in conducting aircraft in-cabin
cybersecurity research and development; and
(2) provide recommendations to improve research and
development on cabin-based cybersecurity vulnerabilities.
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Administrator shall transmit a report on the results of
activities under this section to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. This report may
contain classified annexes.
SEC. 733. CYBERSECURITY THREAT MODELING.
(a) Program.--
(1) In general.--The Administrator shall consult the
National Institute of Standards and Technology to research and
develop an internal FAA cybersecurity threat modeling program
to detect cybersecurity vulnerabilities, track how those
vulnerabilities might be exploited, and assess the magnitude of
harm that could be caused by the exploitation of those
vulnerabilities.
(2) Updates.--This program shall be updated regularly, not
less than once every 5 years.
(b) Report.--Not later than one year after the date of enactment of
this Act, and within 7 days of each threat modeling program update
under subsection (a)(2), the Administrator shall transmit a report to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate detailing the status, results, and
composition of the threat modeling program.
SEC. 734. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CYBERSECURITY
STANDARDS.
Not later than 6 months after the date of enactment of this Act,
the FAA shall, in consultation with the National Institute of Standards
and Technology, transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes--
(1) a cybersecurity standards plan to implement National
Institute of Standards and Technology revisions to
cybersecurity guidance documents within timeframes set by the
Office of Management and Budget; and
(2) an explanation of why any such recommendations are not
incorporated in the plan or are not incorporated within such
timeframes.
SEC. 735. CYBERSECURITY RESEARCH COORDINATION.
The Administrator shall, where feasible, cooperate on cybersecurity
research and development with other international air traffic
management organizations, including the European Aviation Safety
Agency, the United Kingdom Civil Aviation Authority, Nav Canada, and
Airservices Australia.
SEC. 736. CYBERSECURITY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the FAA, in consultation with other agencies as
appropriate, shall establish a research and development program to
improve the cybersecurity of civil aircraft and the national airspace
system.
(b) Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the FAA shall develop a plan for the
research and development program established under subsection
(a) that contains objectives, proposed tasks, milestones, and a
5-year budgetary profile.
(2) National academies' study.--The Administrator shall--
(A) enter into an arrangement with the National
Academies for a study of the plan developed under
paragraph (1); and
(B) provide the results of that study to the
Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later
than 18 months after the date of enactment of this Act.
Subtitle E--FAA Research and Development Activities
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECHNOLOGIES INTO
THE NATIONAL AIRSPACE SYSTEM.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with NASA, shall transmit a
comprehensive research plan for the certification of new technologies
into the national airspace system to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. This plan shall
identify research necessary to support the certification and
implementation of NextGen, including both ground and air elements, and
explain the plan's relationship to other activities and procedures
required for certification and implementation of new technologies into
the national airspace system. This plan shall be informed by and
conform to the recommendations of the National Research Council report
titled ``Transformation in the Air--A Review of the FAA Research
Plan'', issued on June 8, 2015. This report shall include, at a
minimum--
(1) a description of the strategic and prescriptive value
of the research plan;
(2) an explanation of the expected outcomes from executing
the plan;
(3) an assessment of the FAA's plan to use research and
development to improve cybersecurity over the next 5 years,
taking into account the cybersecurity research and development
plan developed under section 736(b);
(4) an assessment of the current software assurance
practices, and the desired level or attributes to target in the
software assurance program;
(5) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and timelines
and including an identification of cost and schedule reserves,
for the certification of new technologies into the national
airspace system, including NextGen, Automatic Dependent
Surveillance-Broadcast, Data Communications, National Airspace
System Voice System, Collaborative Air Traffic Management
Technologies, NextGen Weather, and System Wide Information
Management;
(6) methods for integrating emerging technologies
throughout NextGen's development, certification, and
implementation process; and
(7) best practices in research and development used by
other organizations, such as NASA, NavCanada, and Eurocontrol.
SEC. 742. AVIATION FUEL RESEARCH, DEVELOPMENT, AND USAGE.
The Administrator may conduct or supervise research, development,
and service testing, currently being conducted under the Piston
Aviation Fuels Initiative (PAFI) unleaded avgas program, that is
required to allow the use of an unleaded aviation gasoline in existing
aircraft as a replacement for leaded gasoline.
SEC. 743. AIR TRAFFIC SURVEILLANCE OVER OCEANS AND OTHER REMOTE
LOCATIONS.
(a) Establishment of Program.--The Administrator, in consultation
with NASA and other relevant agencies, shall establish a research and
development program on civilian air traffic surveillance over oceans
and other remote locations. Such program shall--
(1) take into account the need for international
interoperability of technologies and air traffic control
systems; and
(2) recognize that Automatic Dependent Surveillance-
Broadcast (ADS-B) is an element of the Next Generation Air
Transportation System.
(b) Pilot Program.--The Administrator shall establish a pilot
program to test, evaluate, and certify for integration into the
national airspace system air traffic surveillance equipment for oceans
and other remote locations.
(c) Partnership With Private Industry.--The Administrator shall
partner with private industry on the research, development, testing,
and evaluation under this section.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall transmit a report on activities
under this section to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
SEC. 744. SINGLE-PILOTED COMMERCIAL CARGO AIRCRAFT.
(a) Program.--The FAA, in consultation with NASA and other relevant
agencies, shall establish a research and development program in support
of single-piloted cargo aircraft assisted with remote piloting and
computer piloting.
(b) Review.--The FAA, in consultation with NASA, shall conduct a
review of FAA research and development activities in support of single-
piloted cargo aircraft assisted with remote piloting and computer
piloting.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall transmit a report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate that
describes--
(1) the program established under subsection (a); and
(2) the results of the review conducted under subsection
(b).
SEC. 745. ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT.
The Administrator shall develop a program to research the use of
spectrum in the civil aviation domain, including aircraft and unmanned
aircraft systems. This research shall, at a minimum, address--
(1) how, operating within an Unmanned Aircraft System
Traffic Management system, unmanned aircraft systems can safely
use, for control link, tracking, diagnostics, payload
communication, collaborative-collision avoidance (e.g. vehicle-
to-vehicle communications), and other purposes--
(A) aviation-protected spectrum;
(B) commercial communications networks, such as
mobile communications networks; and
(C) any other licensed or unlicensed spectrum;
(2) how the reallocation of spectrum assigned for use
within frequency bands adjacent to those allocated for
position, navigation, and timing may impact the safety of civil
aviation; and
(3) measures to protect and mitigate against spectrum
interference in frequency bands used by the civil aviation
community to ensure public safety.
TITLE VIII--AVIATION REVENUE PROVISIONS
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2018'' and inserting ``October 1, 2023''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the FAA Reauthorization Act of 2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2018'' and inserting ``October 1,
2023''.
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2021'' and inserting ``September 30,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2018'' and
inserting ``October 1, 2023''.
(3) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``September 30, 2018'' and
inserting ``September 30, 2023''.
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