[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3270 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3270

     To address the need for pilot development and encourage more 
  individuals to enter the field of aviation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2018

 Mr. Inhofe (for himself, Ms. Duckworth, Mr. Wicker, Mr. Boozman, and 
  Mr. Hatch) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To address the need for pilot development and encourage more 
  individuals to enter the field of aviation, 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.

    This Act may be cited as the ``Securing and Revitalizing Aviation 
Act of 2018'' or the ``SARA Act of 2018''.

SEC. 2. AIRCRAFT PILOT WORKFORCE DEVELOPMENT PROGRAM.

    (a) In General.--The Administrator shall establish a program to 
provide grants for eligible projects to support the education of future 
aircraft pilots and the development of the aircraft pilot workforce.
    (b) Project Grants.--
            (1) In general.--There are authorized to be appropriated 
        $5,000,000 for each of fiscal years 2019 through 2023 to 
        provide grants under the program established under subsection 
        (a).
            (2) Dollar amount limit.--Not more than $500,000 shall be 
        available for any 1 grant in any 1 fiscal year under the 
        program established under subsection (a).
    (c) Eligible Applications.--An application for a grant under the 
program established under subsection (a) shall be submitted, in such 
form as the Administrator may specify, by--
            (1) an air carrier, as defined in section 40102 of title 
        49, United States Code, or a labor organization representing 
        aircraft pilots;
            (2) an accredited institution of higher education (as 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U. S. C. 1001)) or a high school or secondary school (as 
        defined in section 7801 of the Higher Education Act of 1965 (20 
        U.S.C. 1001));
            (3) a flight school that provides flight training, as 
        defined in part 61 of title 14, Code of Federal Regulations, or 
        that holds a pilot school certificate under part 141 of title 
        14, Code of Federal Regulations;
            (4) a State or local governmental entity; or
            (5) an organization representing aircraft users, aircraft 
        owners, or aircraft pilots.
    (d) Eligible Projects.--For purposes of the program established 
under subsection (a), an eligible project is a project--
            (1) to create and deliver curriculum designed to provide 
        high school students with meaningful aviation education that is 
        designed to prepare the students to become aircraft pilots, 
        aerospace engineers, or unmanned aircraft systems operators; or
            (2) to support the professional development of teachers 
        using the curriculum described in paragraph (1).
    (e) Grant Application Review.--In reviewing and selecting 
applications for grants under the program established under subsection 
(a), the Administrator shall--
            (1) prior to selecting among competing applications, 
        consult with representatives of air carriers, labor 
        organizations, business aviation, general aviation, educational 
        institutions, and other relevant aviation sectors; and
            (2) ensure that the applications selected will allow 
        participation from a diverse collection of public and private 
        schools in rural, suburban, and urban areas.

SEC. 3. ENHANCING PROTECTIONS FOR THE AVIATION COMMUNITY.

    (a) NTSB Review of Application for Airman Certificate.--Section 
44703(d) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1), the following new 
        paragraph:
            ``(2) NTSB review.--
                    ``(A) In general.--In the case of an application 
                for the issuance of an airman medical certificate, the 
                National Transportation Safety Board may review a 
                denial that may not be considered a final denial by the 
                Administrator when the Administrator has twice 
                reconsidered the application and sustained a previous 
                denial on that application.
                    ``(B) Deemed denial.--The Administrator's failure 
                to rule upon an application to reconsider the denial of 
                issuance of an airman medical certificate within 60 
                days of the date on which the application to reconsider 
                is submitted to the Administrator shall be deemed to be 
                a denial of the application.''.
    (b) Voluntary Surrender of an Airman Medical Certificate.--Section 
44703 of title 49, United States Code, is amended by adding at the end 
the following new subsection:
    ``(l) Voluntary Surrender of an Airman Medical Certificate.--An 
airman may voluntarily surrender an airman medical certificate issued 
under this section for cancellation at any time, unless the certificate 
is subject to a Federal Aviation Administration order at the time of 
the voluntary surrender.''.
    (c) Appeals.--Section 44703(d)(1) of title 49, United States Code, 
is amended by striking ``hold a certificate that'' and all that follows 
through the period and inserting ``holds a certificate that is 
suspended at the time of denial.''.
    (d) Reapplications.--Section 44709 of title 49, United States Code, 
is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e), the following new 
        subsection:
    ``(f) Reapplications.--Except as provided in section 44710, any 
person whose certificate has been revoked by an order of the 
Administrator or the National Transportation Safety Board may reapply 
for a certificate at any time following the revocation.''.
    (e) Appeal of Suspension or Termination of Delegation.--Section 
44702(d) of title 49, United States Code, is amended by adding at the 
end the following: ``Subsections (d), (e), and (f) of section 44709 
shall apply to a rescission of a delegation under this subsection in 
the same manner as those subsections apply to an order of the 
Administrator or the National Transportation Safety Board under that 
section.''.

SEC. 4. DESIGNATED PILOT EXAMINER REFORMS.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall assign to the Aviation Rulemaking Advisory 
Committee (in this section referred to as the ``Committee'') the task 
of reviewing all regulations and policies related to designated pilot 
examiners appointed under section 183.23 of title 14, Code of Federal 
Regulations. The Committee shall focus on the processes and 
requirements by which the Federal Aviation Administration selects, 
trains, and deploys individuals as designated pilot examiners, and 
provide recommendations with respect to the regulatory and policy 
changes necessary to ensure an adequate number of designated pilot 
examiners are deployed and available to perform their duties. The 
Committee also shall make recommendations with respect to the 
regulatory and policy changes necessary to allow a designated pilot 
examiner perform a daily limit of 3 new check rides with no limit for 
partial check rides and to serve as a designed pilot examiner without 
regard to any individual managing office.
    (b) Action Based on Recommendations.--Not later than 1 year after 
receiving recommendations under subsection (a), the Administrator shall 
take such action as the Administrator considers appropriate with 
respect to those recommendations.

SEC. 5. ACCOUNTABILITY FOR AIRCRAFT REGISTRATION NUMBERS.

    The Administrator of the Federal Aviation Administration shall 
review the process of reserving aircraft registration numbers and enact 
appropriate changes to ensure the fair participation by the general 
public, including the implementation of readily available software to 
prevent any computer auto-fill systems from reserving aircraft 
registration numbers in bulk.

SEC. 6. MITIGATING THE SPREAD OF AQUATIC SPECIES BY AIRCRAFT.

    (a) In General.--Any person that holds a seaplane rating from the 
Administrator of the Federal Aviation Administration and successfully 
completes a free online education course on aquatic species mitigation 
that is acceptable to the Secretary of the Interior may hold themselves 
out to the public as qualified to inspect aircraft for aquatic invasive 
species and to take action to mitigate the spread of aquatic invasive 
species.
    (b) No Further Regulatory or Enforcement Action.--Any person that 
is qualified under subsection (a) or whose aircraft is inspected by a 
person qualified under subsection (a) and subject to the mitigation 
described in subsection (a) shall not be subject to any further 
regulatory or enforcement action by any Federal, State, local, or 
tribal government for any action related to aquatic invasive species.
    (c) Courses.--The Secretary of the Interior, shall publish, and 
periodically revise, a list of acceptable courses on mitigating the 
spread of aquatic invasive species by aircraft.
    (d) Aquatic Invasive Species.--For the purposes of this section, 
the term ``aquatic invasive species'' means aquatic organisms that 
invade ecosystems beyond their natural, historic range and whose 
presence may harm human health, native ecosystems, or commercial, 
agricultural, or recreational activities dependent on these ecosystems.

SEC. 7. AIR TRAFFIC SERVICES AT AVIATION EVENTS.

    (a) Requirement To Provide Services and Related Support.--The 
Administrator of the Federal Aviation Administration shall provide air 
traffic services and aviation safety support for aviation events, 
including airshows and fly-ins, without the imposition or collection of 
any fee, tax, or other charge for that purpose. Amounts for the 
provision of such services and support shall be derived from amounts 
appropriated or otherwise available for the Federal Aviation 
Administration.
    (b) Determination of Services and Support To Be Provided.--In 
determining the services and support to be provided for an aviation 
event for purposes of subsection (a), the Administrator shall take into 
account the following:
            (1) The services and support required to meet levels of 
        activity at prior events, if any, similar to the event.
            (2) The anticipated need for services and support at the 
        event.

SEC. 8. MODIFICATION OF FEDERAL AVIATION ADMINISTRATION TOWER MARKING 
              REQUIREMENTS.

    Section 2110(d)(1)(A)(ii) of the FAA Extension, Safety, and 
Security Act of 2016 (Public Law 114-190; 130 Stat. 624) is amended--
            (1) in subclause (IV), by striking ``; or'' and inserting a 
        semicolon;
            (2) in subclause (V), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(VI) is located in a State that 
                                has enacted tower marking requirements 
                                according to the Federal Aviation 
                                Administration's recommended guidance 
                                for the voluntary marking of 
                                Meteorological Evaluation Towers (METs) 
                                erected in remote and rural areas that 
                                are less than 200 feet above ground 
                                level to enhance the conspicuity of the 
                                towers for low level agricultural 
                                operations in the vicinity of those 
                                towers.''.

SEC. 9. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS 
              REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.

    (a) In General.--Any individual designated by the Administrator of 
the Federal Aviation Administration under subpart C of part 183 of 
title 14, Code of Federal Regulations, to act as a representative of 
the Administrator, including an aviation medical examiner, pilot 
examiner, or designated airworthiness representative, shall, when 
carrying out duties pursuant to that designation and without regard to 
the individual's employer--
            (1) be considered to be performing an activity necessary to 
        safeguard a uniquely Federal interest; and
            (2) not be liable in a civil action for actions performed 
        with reasonable care in connection with those duties.
    (b) Fraudulent Misconduct.--This section does not relieve an 
individual described in subsection (a) that causes harm to any person 
through intentional or fraudulent misconduct while carrying out duties 
pursuant to that subsection from any penalty applicable under any 
provision of law for that misconduct.
    (c) Activity Covered.--This section shall only apply to those 
individuals carrying out their duties within the United States or its 
territories.

SEC. 10. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY FOR THE 
              PUBLIC BENEFIT.

    Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) 
is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively;
            (2) in subsection (a), by striking ``subsections (b) and 
        (d)'' and inserting ``subsections (b), (c), and (e)'';
            (3) by inserting after subsection (a) the following:
    ``(b) Liability Protection for Pilots That Fly for Public 
Benefit.--Except as provided in subsections (c) and (e), no volunteer 
of a volunteer pilot nonprofit organization that arranges flights for 
public benefit shall be liable for harm caused by an act or omission of 
the volunteer on behalf of the organization if, at the time of the act 
or omission, the volunteer--
            ``(1) was operating an aircraft in furtherance of the 
        purpose of, and acting within the scope of the volunteer's 
        responsibilities on behalf of, the nonprofit organization;
            ``(2) was properly licensed and insured for the operation 
        of the aircraft;
            ``(3) was in compliance with all requirements of the 
        Federal Aviation Administration for recent flight experience; 
        and
            ``(4) did not cause the harm through willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or safety of the 
        individual harmed by the volunteer.''; and
            (4) in subsection (g)(2), as redesignated, by striking 
        ``(e)'' and inserting ``(f)''.
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