[Congressional Record Volume 162, Number 55 (Tuesday, April 12, 2016)]
[Senate]
[Pages S1934-S1979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3679. Mr. McCONNELL (for Mr. Thune (for himself and Mr. Nelson))
proposed an amendment to the bill H.R. 636, to amend the Internal
Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Aviation Administration Reauthorization Act of 2016''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Definition of appropriate committees of Congress.
Sec. 4. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 1001. Airport planning and development and noise compatibility
planning and programs.
Sec. 1002. Air navigation facilities and equipment.
Sec. 1003. FAA operations.
Sec. 1004. FAA research and development.
Sec. 1005. Funding for aviation programs.
Sec. 1006. Extension of expiring authorities.
Subtitle B--Airport Improvement Program Modifications
Sec. 1201. Small airport regulation relief.
Sec. 1202. Priority review of construction projects in cold weather
States.
Sec. 1203. State block grants updates.
Sec. 1204. Contract Tower Program updates.
Sec. 1205. Approval of certain applications for the contract tower
program.
Sec. 1206. Remote towers.
Sec. 1207. Midway Island airport.
Sec. 1208. Airport road funding.
Sec. 1209. Repeal of inherently low-emission airport vehicle pilot
program.
Sec. 1210. Modification of zero-emission airport vehicles and
infrastructure pilot program.
Sec. 1211. Repeal of airport ground support equipment emissions
retrofit pilot program.
Sec. 1212. Funding eligibility for airport energy efficiency
assessments.
Sec. 1213. Recycling plans; safety projects at unclassified airports.
Sec. 1214. Transfers of instrument landing systems.
Sec. 1215. Non-movement area surveillance pilot program.
Sec. 1216. Amendments to definitions.
Sec. 1217. Clarification of noise exposure map updates.
Sec. 1218. Provision of facilities.
Sec. 1219. Contract weather observers.
Sec. 1220. Federal share adjustment.
Sec. 1221. Miscellaneous technical amendments.
Sec. 1222. Mothers' rooms at airports.
Sec. 1223. Eligibility for airport development grants at airports that
enter into certain leases with components of the Armed
Forces.
Sec. 1224. Clarification of definition of aviation-related activity for
hangar use.
Sec. 1225. Use of airport improvement program funds for runway safety
repairs.
Sec. 1226. Definition of small business concern.
Subtitle C--Passenger Facility Charges
Sec. 1301. PFC streamlining.
Sec. 1302. Intermodal access projects.
Sec. 1303. Use of revenue at a previously associated airport.
Sec. 1304. Future aviation infrastructure and financing study.
TITLE II--SAFETY
Subtitle A--Unmanned Aircraft Systems Reform
Sec. 2001. Definitions.
PART I--Privacy and Transparency
Sec. 2101. Unmanned aircraft systems privacy policy.
Sec. 2102. Sense of Congress.
Sec. 2103. Federal Trade Commission authority.
Sec. 2104. National Telecommunications and Information Administration
multi-stakeholder process.
Sec. 2105. Identification standards.
Sec. 2106. Commercial and governmental operators.
Sec. 2107. Analysis of current remedies under Federal, State, and local
jurisdictions.
PART II--Unmanned Aircraft Systems
Sec. 2121. Definitions.
Sec. 2122. Utilization of unmanned aircraft system test sites.
Sec. 2123. Additional research, development, and testing.
Sec. 2124. Safety standards.
Sec. 2125. Unmanned aircraft systems in the Arctic.
Sec. 2126. Special authority for certain unmanned aircraft systems.
Sec. 2127. Additional rulemaking authority.
Sec. 2128. Governmental unmanned aircraft systems.
Sec. 2129. Special rules for model aircraft.
Sec. 2130. Unmanned aircraft systems aeronautical knowledge and safety.
Sec. 2131. Safety statements.
Sec. 2132. Treatment of unmanned aircraft operating underground.
Sec. 2133. Enforcement.
Sec. 2134. Aviation emergency safety public services disruption.
Sec. 2135. Pilot project for airport safety and airspace hazard
mitigation.
Sec. 2136. Contribution to financing of regulatory functions.
Sec. 2137. Sense of Congress regarding small UAS rulemaking.
Sec. 2138. Unmanned aircraft systems traffic management.
Sec. 2139. Emergency exemption process.
Sec. 2140. Public uas operations by tribal governments.
Sec. 2141. Carriage of property by small unmanned aircraft systems for
compensation or hire.
Sec. 2142. Collegiate Training Initiative program for unmanned aircraft
systems.
Sec. 2143. Incorporation of Federal Aviation Administration occupations
relating to unmanned aircraft into veterans employment
programs of the Administration.
PART III--Transition and Savings Provisions
Sec. 2151. Senior advisor for unmanned aircraft systems integration.
Sec. 2152. Effect on other laws.
Sec. 2153. Spectrum.
Sec. 2154. Applications for designation.
Sec. 2155. Use of unmanned aircraft systems at institutions of higher
education.
Sec. 2156. Transition language.
PART IV--Operator Safety
Sec. 2161. Short title.
Sec. 2162. Findings; sense of Congress.
Sec. 2163. Unsafe operation of unmanned aircraft.
Subtitle B--FAA Safety Certification Reform
PART I--General Provisions
Sec. 2211. Definitions.
Sec. 2212. Safety oversight and certification advisory committee.
PART II--Aircraft Certification Reform
Sec. 2221. Aircraft certification performance objectives and metrics.
Sec. 2222. Organization designation authorizations.
Sec. 2223. ODA review.
Sec. 2224. Type certification resolution process.
Sec. 2225. Safety enhancing technologies for small general aviation
airplanes.
Sec. 2226. Streamlining certification of small general aviation
airplanes.
PART III--Flight Standards Reform
Sec. 2231. Flight standards performance objectives and metrics.
Sec. 2232. FAA task force on flight standards reform.
Sec. 2233. Centralized safety guidance database.
Sec. 2234. Regulatory Consistency Communications Board.
Sec. 2235. Flight standards service realignment feasibility report.
Sec. 2236. Additional certification resources.
PART IV--Safety Workforce
Sec. 2241. Safety workforce training strategy.
Sec. 2242. Workforce study.
PART V--International Aviation
Sec. 2251. Promotion of United States aerospace standards, products,
and services abroad.
Sec. 2252. Bilateral exchanges of safety oversight responsibilities.
Sec. 2253. FAA leadership abroad.
[[Page S1935]]
Sec. 2254. Registration, certification, and related fees.
Subtitle C--Airline Passenger Safety and Protections
Sec. 2301. Pilot records database deadline.
Sec. 2302. Access to air carrier flight decks.
Sec. 2303. Aircraft tracking and flight data.
Sec. 2304. Automation reliance improvements.
Sec. 2305. Enhanced mental health screening for pilots.
Sec. 2306. Flight attendant duty period limitations and rest
requirements.
Sec. 2307. Training to combat human trafficking for certain air carrier
employees.
Sec. 2308. Report on obsolete test equipment.
Sec. 2309. Plan for systems to provide direct warnings of potential
runway incursions.
Sec. 2310. Laser pointer incidents.
Sec. 2311. Helicopter air ambulance operations data and reports.
Sec. 2312. Part 135 accident and incident data.
Sec. 2313. Definition of human factors.
Sec. 2314. Sense of Congress; pilot in command authority.
Sec. 2315. Enhancing ASIAS.
Sec. 2316. Improving runway safety.
Sec. 2317. Safe air transportation of lithium cells and batteries.
Sec. 2318. Prohibition on implementation of policy change to permit
small, non-locking knives on aircraft.
Sec. 2319. Aircraft cabin evacuation procedures.
Sec. 2320. GAO study of universal deployment of advanced imaging
technologies.
Subtitle D--General Aviation Safety
Sec. 2401. Automated weather observing systems policy.
Sec. 2402. Tower marking.
Sec. 2403. Crash-resistant fuel systems.
Sec. 2404. Requirement to consult with stakeholders in defining scope
and requirements for Future Flight Service Program.
Sec. 2405. Heads-up guidance system technologies.
Subtitle E--General Provisions
Sec. 2501. Designated agency safety and health officer.
Sec. 2502. Repair stations located outside United States.
Sec. 2503. FAA technical training.
Sec. 2504. Safety critical staffing.
Sec. 2505. Approach control radar in all air traffic control towers.
Sec. 2506. Airspace management advisory committee.
Subtitle F--Third Class Medical Reform and General Aviation Pilot
Protections
Sec. 2601. Short title.
Sec. 2602. Medical certification of certain small aircraft pilots.
Sec. 2603. Expansion of pilot's bill of rights.
Sec. 2604. Limitations on reexamination of certificate holders.
Sec. 2605. Expediting updates to notam program.
Sec. 2606. Accessibility of certain flight data.
Sec. 2607. Authority for legal counsel to issue certain notices.
TITLE III--AIR SERVICE IMPROVEMENTS
Sec. 3001. Definitions.
Subtitle A--Passenger Air Service Improvements
Sec. 3101. Causes of airline delays or cancellations.
Sec. 3102. Involuntary changes to itineraries.
Sec. 3103. Additional consumer protections.
Sec. 3104. Addressing the needs of families of passengers involved in
aircraft accidents.
Sec. 3105. Emergency medical kits.
Sec. 3106. Travelers with disabilities.
Sec. 3107. Extension of Advisory Committee for Aviation Consumer
Protection.
Sec. 3108. Extension of competitive access reports.
Sec. 3109. Refunds for delayed baggage.
Sec. 3110. Refunds for other fees that are not honored by a covered air
carrier.
Sec. 3111. Disclosure of fees to consumers.
Sec. 3112. Seat assignments.
Sec. 3113. Lasting improvements to family travel.
Sec. 3114. Consumer complaint process improvement.
Sec. 3115. Online access to aviation consumer protection information.
Sec. 3116. Study on in cabin wheelchair restraint systems.
Sec. 3117. Training policies regarding assistance for persons with
disabilities.
Sec. 3118. Advisory committee on the air travel needs of passengers
with disabilities.
Sec. 3119. Report on covered air carrier change, cancellation, and
baggage fees.
Sec. 3120. Enforcement of aviation consumer protection rules.
Sec. 3121. Dimensions for passenger seats.
Sec. 3122. Cell phone voice communications.
Sec. 3123. Availability of slots for new entrant air carriers at Newark
Liberty International Airport.
Subtitle B--Essential Air Service
Sec. 3201. Essential air service.
Sec. 3202. Small community air service development program.
Sec. 3203. Small community program amendments.
Sec. 3204. Waivers.
Sec. 3205. Working group on improving air service to small communities.
TITLE IV--NEXTGEN AND FAA ORGANIZATION
Sec. 4001. Definitions.
Subtitle A--Next Generation Air Transportation System
Sec. 4101. Return on investment assessment.
Sec. 4102. Ensuring FAA readiness to use new technology.
Sec. 4103. NextGen annual performance goals.
Sec. 4104. Facility outage contingency plans.
Sec. 4105. ADS-B mandate assessment.
Sec. 4106. Nextgen interoperability.
Sec. 4107. NextGen transition management.
Sec. 4108. Implementation of NextGen operational improvements.
Sec. 4109. Cybersecurity.
Sec. 4110. Securing aircraft avionics systems.
Sec. 4111. Defining NextGen.
Sec. 4112. Human factors.
Sec. 4113. Major acquisition reports.
Sec. 4114. Equipage mandates.
Sec. 4115. Workforce.
Sec. 4116. Architectural leadership.
Sec. 4117. Programmatic risk management.
Sec. 4118. NextGen prioritization.
Subtitle B--Administration Organization and Employees
Sec. 4201. Cost-saving initiatives.
Sec. 4202. Treatment of essential employees during furloughs.
Sec. 4203. Controller candidate interviews.
Sec. 4204. Hiring of air traffic controllers.
Sec. 4205. Computation of basic annuity for certain air traffic
controllers.
Sec. 4206. Air traffic services at aviation events.
Sec. 4207. Full annuity supplement for certain air traffic controllers.
Sec. 4208. Inclusion of disabled veteran leave in Federal Aviation
Administration personnel management system.
TITLE V--MISCELLANEOUS
Sec. 5001. National Transportation Safety Board investigative officers.
Sec. 5002. Performance-Based Navigation.
Sec. 5003. Overflights of national parks.
Sec. 5004. Navigable airspace analysis for commercial space launch site
runways.
Sec. 5005. Survey and report on spaceport development.
Sec. 5006. Aviation fuel.
Sec. 5007. Comprehensive Aviation Preparedness Plan.
Sec. 5008. Advanced Materials Center of Excellence.
Sec. 5009. Interference with airline employees.
Sec. 5010. Secondary cockpit barriers.
Sec. 5011. GAO evaluation and audit.
Sec. 5012. Federal Aviation Administration performance measures and
targets.
Sec. 5013. Staffing of certain air traffic control towers.
Sec. 5014. Critical airfield markings.
Sec. 5015. Research and deployment of certain airfield pavement
technologies.
Sec. 5016. Report on general aviation flight sharing.
Sec. 5017. Increase in duration of general aviation aircraft
registration.
Sec. 5018. Modification of limitation of liability relating to
aircraft.
Sec. 5019. Government Accountability Office study of illegal drugs
seized at international airports in the United States.
Sec. 5020. Sense of Congress on preventing the transportation of
disease-carrying mosquitoes and other insects on
commercial aircraft.
Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex
program.
Sec. 5022. Report on plans for air traffic control facilities in the
New York City and Newark region.
Sec. 5023. GAO study of international airline alliances.
Sec. 5024. Treatment of multi-year lessees of large and turbine-powered
multiengine aircraft.
Sec. 5025. Evaluation of emerging technologies.
Sec. 5026. Student outreach report.
Sec. 5027. Right to privacy when using air traffic control system.
Sec. 5028. Conduct of security screening by the Transportation Security
Administration at certain airports.
Sec. 5029. Aviation cybersecurity.
Sec. 5030. Prohibitions against smoking on passenger flights.
Sec. 5031. National multimodal freight advisory committee.
Sec. 5032. Technical and conforming amendments.
Sec. 5033. Visible Deterrent.
Sec. 5034. Law enforcement training for mass casualty and active
shooter incidents.
Sec. 5035. Assistance to airports and surface transportation systems.
Sec. 5036. Authorization of certain flights by Stage 2 airplanes.
TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION
Subtitle A--Airport Security Enhancement and Oversight Act
Sec. 6101. Short title.
[[Page S1936]]
Sec. 6102. Findings.
Sec. 6103. Definitions.
Sec. 6104. Threat assessment.
Sec. 6105. Oversight.
Sec. 6106. Credentials.
Sec. 6107. Vetting.
Sec. 6108. Metrics.
Sec. 6109. Inspections and assessments.
Sec. 6110. Covert testing.
Sec. 6111. Security directives.
Sec. 6112. Implementation report.
Sec. 6113. Miscellaneous amendments.
Subtitle B--TSA PreCheck Expansion Act
Sec. 6201. Short title.
Sec. 6202. Definitions.
Sec. 6203. PreCheck Program authorization.
Sec. 6204. PreCheck Program enrollment expansion.
Subtitle C--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016
Sec. 6301. Short title.
Sec. 6302. Last point of departure airport security assessment.
Sec. 6303. Security coordination enhancement plan.
Sec. 6304. Workforce assessment.
Sec. 6305. Donation of screening equipment to protect the United
States.
Sec. 6306. National cargo security program.
Subtitle D--Miscellaneous
Sec. 6401. International training and capacity development.
Sec. 6402. Checkpoints of the future.
TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 7101. Expenditure authority from Airport and Airway Trust Fund.
Sec. 7102. Extension of taxes funding Airport and Airway Trust Fund.
SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.
In this Act, unless expressly provided otherwise, the term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 4. 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. 1001. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) is amended by striking
``section 47505(a)(2), and carrying out noise compatibility
programs under section 47504(c) $3,350,000,000 for each of
fiscal years 2012 through 2015 and $2,652,083,333 for the
period beginning on October 1, 2015, and ending on July 15,
2016'' and inserting ``section 47505(a)(2), carrying out
noise compatibility programs under section 47504(c), for an
airport cooperative research program under section 44511, for
Airports Technology-Safety research, and Airports Technology-
Efficiency research, $3,350,000,000 for fiscal year 2016 and
$3,750,000,000 for fiscal year 2017''.
(b) Obligational Authority.--Section 47104(c) is amended in
the matter preceding paragraph (1) by striking ``July 15,
2016'' and inserting ``September 30, 2017''.
SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) is amended by striking paragraphs (1)
through (5) and inserting the following:
``(1) $2,855,241,025 for fiscal year 2016.
``(2) $2,862,020,524 for fiscal year 2017.''.
SEC. 1003. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (E) and inserting the following:
``(A) $9,910,009,314 for fiscal year 2016; and
``(B) $10,025,361,111 for fiscal year 2017.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended
by striking ``for fiscal years 2012 through 2015'' each place
it appears and inserting ``for fiscal years 2016 through
2017''.
(c) Authority to Transfer Funds.--Section 106(k)(3) is
amended by striking ``2012 through 2015 and for the period
beginning on October 1, 2015, and ending on July 15, 2016''
and inserting ``2016 through 2017''.
SEC. 1004. FAA RESEARCH AND DEVELOPMENT.
Section 48102 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``44511-44513'' and inserting ``44512-
44513''; and
(ii) by striking ``and, for each of fiscal years 2012
through 2015, under subsection (g)'';
(B) in paragraph (8), by striking ``; and'' and inserting a
semicolon; and
(C) by striking paragraph (9) and inserting the following:
``(9) $166,000,000 for fiscal year 2016; and
``(10) $169,000,000 for fiscal year 2017.''; and
(2) in subsection (b), by striking paragraph (3).
SEC. 1005. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section
48114(a)(1)(A) is amended to read as follows:
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each fiscal
year under sections 48101, 48102, 48103, and 106(k)--
``(i) shall in each of fiscal years 2016 through 2017, be
equal to the sum of--
``(I) 90 percent of the estimated level of receipts plus
interest credited to the Airport and Airway Trust Fund for
that fiscal year; and
``(II) the actual level of receipts plus interest credited
to the Airport and Airway Trust Fund for the second preceding
fiscal year minus the total amount made available for
obligation from the Airport and Airway Trust Fund for the
second preceding fiscal year; and
``(ii) may be used only for the aviation investment
programs listed in subsection (b)(1).''.
(b) Enforcement of Guarantees.--Section 48114(c)(2) is
amended by striking ``2016'' and inserting ``2017''.
SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section
47115(j) is amended by striking ``2015 and for the period
beginning on October 1, 2015, and ending on July 15, 2016,''
and inserting ``2017''.
(b) Extension of Compatible Land Use Planning and Projects
by State and Local Governments.--Section 47141(f) is amended
by striking ``July 15, 2016'' and inserting ``September 30,
2017''.
(c) Inspector General Report on Participation in FAA
Programs by Disadvantaged Small Business Concerns.--
(1) In general.--For each of fiscal years 2016 through
2017, the Inspector General of the Department of
Transportation shall submit to Congress a report on the
number of new small business concerns owned and controlled by
socially and economically disadvantaged individuals,
including those owned by veterans, that participated in the
programs and activities funded using the amounts made
available under this Act.
(2) New small business concerns.--For purposes of paragraph
(1), a new small business concern is a small business concern
that did not participate in the programs and activities
described in paragraph (1) in a previous fiscal year.
(3) Contents.--The report shall include--
(A) a list of the top 25 and bottom 25 large and medium hub
airports in terms of providing opportunities for small
business concerns owned and controlled by socially and
economically disadvantaged individuals to participate in the
programs and activities funded using the amounts made
available under this Act;
(B) the results of an assessment, to be conducted by the
Inspector General, on the reasons why the top airports have
been successful in providing such opportunities; and
(C) recommendations to the Administrator of the Federal
Aviation Administration and Congress on methods for other
airports to achieve results similar to those of the top
airports.
(d) Extension of Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 47141 note) is amended by
striking ``July 15, 2016'' and inserting ``September 30,
2017''.
Subtitle B--Airport Improvement Program Modifications
SEC. 1201. SMALL AIRPORT REGULATION RELIEF.
Section 47114(c)(1)(F) is amended to read as follows:
``(F) Special rule for fiscal years 2016 through 2017.--
Notwithstanding subparagraph (A), the Secretary shall
apportion to a sponsor of an airport under that subparagraph
for each of fiscal years 2016 through 2017 an amount based on
the number of passenger boardings at the airport during
calendar year 2012 if the airport--
``(i) had 10,000 or more passenger boardings during
calendar year 2012;
``(ii) had fewer than 10,000 passenger boardings during the
calendar year used to calculate the apportionment for fiscal
year 2016 or 2017 under subparagraph (A); and
``(iii) had scheduled air service in the calendar year used
to calculate the apportionment.''.
SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD
WEATHER STATES.
(a) In General.--The Administrator of the Federal Aviation
Administration, to the extent practicable, shall schedule the
Administrator's review of construction projects so that
projects to be carried out in the States in which the weather
during a typical calendar year prevents major construction
projects from being carried out before May 1 are reviewed as
early as possible.
(b) Report.--The Administrator shall update the appropriate
committees of Congress annually on the effectiveness of the
review and prioritization.
SEC. 1203. STATE BLOCK GRANTS UPDATES.
Section 47128(a) is amended by striking ``9 qualified
States for fiscal years 2000 and 2001 and 10 qualified States
for each fiscal year thereafter'' and inserting ``15
qualified States for fiscal year 2016 and each fiscal year
thereafter''.
SEC. 1204. CONTRACT TOWER PROGRAM UPDATES.
(a) Special Rule.--Section 47124(b)(1)(B) is amended by
striking ``after such determination is made'' and inserting
``after the end of the period described in subsection
(d)(6)(C)''.
[[Page S1937]]
(b) Contract Air Traffic Control Tower Cost-Share Program;
Funding.--Section 47124(b)(3)(E) is amended to read as
follows:
``(E) Funding.--Of the amounts appropriated under section
106(k)(1), such sums as may be necessary may be used to carry
out this paragraph.''.
(c) Cap on Federal Share of Cost of Construction.--Section
47124(b)(4)(C) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
(d) Cost Benefit Ratio Revision.--Section 47124 is amended
by adding at the end the following:
``(d) Cost Benefit Ratios.--
``(1) Contract air traffic control tower program at cost-
share airports.--Beginning on the date of enactment of the
Federal Aviation Administration Reauthorization Act of 2016,
if an air traffic control tower is operating under the Cost-
share Program, the Secretary shall annually calculate a new
benefit-to-cost ratio for the tower.
``(2) Contract tower program at non-cost-share airports.--
Beginning on the date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016, if a tower is
operating under the Contract Tower Program and continued
under subsection (b)(1), the Secretary shall not calculate a
new benefit-to-cost ratio for the tower unless the annual
aircraft traffic at the airport where the tower is located
decreases by more than 25 percent from the previous year or
by more than 60 percent over a 3-year period.
``(3) Considerations.--In establishing a benefit-to-cost
ratio under paragraph (1) or paragraph (2), the Secretary may
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 of the tower.
``(C) Relocation and replacement costs of equipment of the
Federal Aviation Administration associated with the tower, if
paid for by the Federal Aviation Administration.
``(D) Logistics, such as direct costs associated with
establishing or updating the tower's interface with other
systems and equipment of the Federal Aviation Administration,
if paid for by the Federal Aviation Administration.
``(4) Exclusions.--In establishing a benefit-to-cost ratio
under paragraph (1) or paragraph (2), the Secretary may not
consider the following costs:
``(A) Airway facilities costs, including labor and other
costs associated with maintaining and repairing the systems
and equipment of the Federal Aviation Administration.
``(B) Costs for depreciating the building and equipment
owned by the Federal Aviation Administration.
``(C) Indirect overhead costs of the Federal Aviation
Administration.
``(D) Costs for utilities, janitorial, and other services
paid for or provided by the airport or the State or political
subdivision of a State having jurisdiction over the airport
where the tower is located.
``(E) The cost of new or replacement equipment, or
construction of a new or replacement tower, if the costs
incurred were incurred by the airport or the State or
political subdivision of a State having jurisdiction over the
airport where the tower is or will be located.
``(F) Other expenses of the Federal Aviation Administration
not directly associated with the actual operation of the
tower.
``(5) Margin of error.--The Secretary shall add a 5 percent
margin of error to a benefit-to-cost ratio determination to
acknowledge and account for any direct or indirect factors
that are not included in the criteria the Secretary used in
calculating the benefit-to-cost ratio.
``(6) Procedures.--The Secretary shall establish
procedures--
``(A) to allow an airport or the State or political
subdivision of a State having jurisdiction over the airport
where the tower is located not less than 90 days following
the receipt of an initial benefit-to-cost ratio determination
from the Secretary--
``(i) to request the Secretary reconsider that
determination; and
``(ii) to submit updated or additional data to the
Secretary in support of the reconsideration;
``(B) to allow the Secretary not more than 90 days to
review the data submitted under subparagraph (A)(ii) and
respond to the request under subparagraph (A)(i);
``(C) to allow the airport, State, or political subdivision
of a State, as applicable, 30 days following the date of the
response under subparagraph (B) to review the response before
any action is taken based on a benefit-to-cost determination;
and
``(D) to provide, after the end of the period described in
subparagraph (C), an 18-month grace period before cost-share
payments are due from the airport, State, or political
subdivision of a State if as a result of the benefit-to-cost
ratio determination the airport, State, or political
subdivision, as applicable, is required to transition to the
Cost-share Program.
``(e) Definitions.--In this section:
``(1) Contract tower program.--The term `Contract Tower
Program' means the level I air traffic control tower contract
program established under subsection (a) and continued under
subsection (b)(1).
``(2) Cost-share program.--The term `Cost-share Program'
means the cost-share program established under subsection
(b)(3).''.
(e) Conforming Amendments.--Section 47124(b) is amended--
(1) in paragraph (1)(C), by striking ``the program
established under paragraph (3)'' and inserting ``the Cost-
share Program'';
(2) in paragraph (3)--
(A) in the heading, by striking ``Contract air traffic
control tower program'' and inserting ``Cost-share program'';
(B) in subparagraph (A), by striking ``contract tower
program established under subsection (a) and continued under
paragraph (1) (in this paragraph referred to as the `Contract
Tower Program')'' and inserting ``Contract Tower Program'';
(C) in subparagraph (B), by striking ``In carrying out the
program'' and inserting ``In carrying out the Cost-share
Program'';
(D) in subparagraph (C), by striking ``participate in the
program'' and inserting ``participate in the Cost-share
Program'';
(E) in subparagraph (D), by striking ``under the program''
and inserting ``under the Cost-share Program''; and
(F) in subparagraph (F), by striking ``the program
continued under paragraph (1)'' and inserting ``the Contract
Tower Program''; and
(3) in paragraph (4)(B)(i)(I), by striking ``contract tower
program established under subsection (a) and continued under
paragraph (1) or the pilot program established under
paragraph (3)'' and inserting ``Contract Tower Program or the
Cost-share Program''.
(f) Exemption.--Section 47124(b)(3)(D) is amended by adding
at the end the following: ``Airports with both Part 121 air
service and more than 25,000 passenger enplanements in
calendar year 2014 shall be exempt from any cost share
requirement under the Cost-share Program.''.
(g) Savings Provision.--Notwithstanding the amendments made
by this section, the towers for which assistance is being
provided under section 41724 of title 49, United States Code,
on the day before the date of enactment of this Act may
continue to be provided such assistance under the terms of
that section as in effect on that day.
SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE CONTRACT
TOWER PROGRAM.
(a) In General.--If the Administrator of the Federal
Aviation Administration has not implemented a revised cost-
benefit methodology for purposes of determining eligibility
for the Contract Tower Program before the date that is 30
days after the date of enactment of this Act, any air traffic
control tower with an application for participation in the
Contract Tower Program pending as of January 1, 2016, shall
be approved for participation in the Contract Tower Program
if the Administrator determines the tower is eligible under
the criteria set forth in the Federal Aviation Administration
report, Establishment and Discontinuance Criteria for Airport
Traffic Control Towers, dated August 1990 (FAA-APO-90-7).
(b) Requests for Additional Authority.--The Administrator
shall respond not later than 30 days after the date the
Administrator receives a formal request from an airport and
air traffic control contractor for additional authority to
expand contract tower operational hours and staff to
accommodate flight traffic outside of current tower
operational hours.
(c) Definition of Contract Tower Program.--In this section,
the term ``Contract Tower Program'' has the meaning given the
term in section 47124(e) of title 49, United States Code.
SEC. 1206. REMOTE TOWERS.
(a) Pilot Program.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish--
(A) in consultation with airport operators and general
aviation users, a pilot program at public-use airports to
construct and operate remote towers; and
(B) a selection process for participation in the pilot
program.
(2) Safety considerations.--In establishing the pilot
program, the Administrator shall consult with operators of
remote towers in foreign countries to design the pilot
program in a manner that leverages as many safety and
airspace efficiency benefits as possible.
(3) Requirements.--In selecting the airports for
participation in the pilot program, the Administrator shall--
(A) to the extent practicable, ensure that at least 2
different vendors of remote tower systems participate;
(B) include at least 1 airport currently in the Contract
Tower Program and at least 1 airport that does not have an
air traffic control tower; and
(C) clearly identify the research questions that will be
addressed at each airport.
(4) Research.--In selecting an airport for participation in
the pilot program, the Administrator shall consider--
(A) how inclusion of that airport will add research value
to assist the Administrator in evaluating the feasibility,
safety, and cost-benefits of remote towers;
(B) the amount and variety of air traffic at an airport;
and
(C) the costs and benefits of including that airport.
(5) Data.--The Administrator shall clearly identify and
collect air traffic control information and data from
participating airports that will assist the Administrator in
evaluating the feasibility, safety, and cost-benefits of
remote towers.
[[Page S1938]]
(6) Report.--Not later than 1 year after the date the first
remote tower is operational, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report--
(A) detailing any benefits, costs, or safety improvements
associated with the use of the remote towers; and
(B) evaluating the feasibility of using remote towers,
particularly in the Contract Tower Program and for airports
without any air traffic control tower, or to improve safety
at airports with towers.
(7) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall select
airports for participation in the pilot program.
(8) Definitions.--In this subsection:
(A) Contract tower program.--The term ``Contract Tower
Program'' has the meaning given the term in section 47124(e)
of title 49, United States Code.
(B) Remote tower.--The term ``remote tower'' means a system
whereby air traffic services are provided to operators at an
airport from a location that may not be on or near the
airport.
(b) AIP Funding Eligibility.--For purposes of the pilot
program under subsection (a), and after certificated systems
are available, constructing a remote tower or acquiring and
installing air traffic control, communications, or related
equipment for a remote tower shall be considered airport
development (as defined in section 47102 of title 49, United
States Code) for purposes of subchapter I of chapter 471 of
that title if components are installed and used at the
airport, except for off-airport sensors installed on leased
towers, as needed.
SEC. 1207. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (Public Law 108-176; 117 Stat. 2518) is
amended by striking ``and for the period beginning on October
1, 2015, and ending on July 15, 2016,'' and inserting ``and
for fiscal years 2016 through 2017''.
SEC. 1208. AIRPORT ROAD FUNDING.
(a) Airport Development Grant Assurances.--Section 47107(b)
is amended by adding at the end the following:
``(4) This subsection does not prevent the use of airport
revenue for the maintenance and improvement of the on-airport
portion of a surface transportation facility providing access
to an airport and non-airport locations if the surface
transportation facility is owned or operated by the airport
owner or operator and the use of airport revenue is prorated
to airport use and limited to portions of the facility
located on the airport. The Secretary shall determine the
maximum percentage contribution of airport revenue toward
surface transportation facility maintenance or improvement,
taking into consideration the current and projected use of
the surface transportation facility located on the airport
for airport and non-airport purposes. The de minimus use, as
determined by the Secretary, of a surface transportation
facility for non-airport purposes shall not require
prorating.''.
(b) Restrictions on the Use of Airport Revenue.--Section
47133(c) is amended--
(1) by inserting ``(1)'' before ``Nothing'' and indenting
appropriately; and
(2) by adding at the end the following:
``(2) Nothing in this section may be construed to prevent
the use of airport revenue for the prorated maintenance and
improvement costs of the on-airport portion of the surface
transportation facility, subject to the provisions of section
47107(b)(4).''.
SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIRPORT VEHICLE
PILOT PROGRAM.
(a) Repeal.--Section 47136 is repealed.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 471 is amended by striking the item
relating to section 47136 and inserting the following:
``47136. [Reserved].''.
SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VEHICLES AND
INFRASTRUCTURE PILOT PROGRAM.
Section 47136a is amended--
(1) in subsection (a), by striking ``, including'' and
inserting ``used exclusively for transporting passengers on-
airport or for employee shuttle buses within the airport,
including''; and
(2) in subsection (f), by inserting ``, as in effect on the
day before the date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016,'' after ``section
47136''.
SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIPMENT
EMISSIONS RETROFIT PILOT PROGRAM.
(a) Repeal.--Section 47140 is repealed.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 471 is amended by striking the item
relating to section 47140 and inserting the following:
``47140. [Reserved].''.
SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
ASSESSMENTS.
(a) Cost Reimbursements.--Section 47140a(a) is amended by
striking ``airport.'' and inserting ``airport, and to
reimburse the airport sponsor for the costs incurred in
conducting the assessment.''.
(b) Safety Priority.--Section 47140a(b)(2) is amended by
inserting ``, including a certification that no safety
projects would be deferred by prioritizing a grant under this
section,'' after ``an application''.
SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UNCLASSIFIED
AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by striking
``for an airport that has an airport master plan, the master
plan addresses'' and inserting ``a master plan project, it
will address''; and
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the project is at an unclassified airport, the
project will be funded with an amount apportioned under
subsection 47114(d)(3)(B) and is--
``(A) for maintenance of the pavement of the primary
runway;
``(B) for obstruction removal for the primary runway;
``(C) for the rehabilitation of the primary runway; or
``(D) a project that the Secretary considers necessary for
the safe operation of the airport.''.
SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS.
Section 44502(e) is amended by striking the first sentence
and inserting ``An airport may transfer, without
consideration, to the Administrator of the Federal Aviation
Administration an instrument landing system consisting of a
glide slope and localizer that conforms to performance
specifications of the Administrator if an airport improvement
project grant was used to assist in purchasing the system,
and if the Federal Aviation Administration has determined
that a satellite navigation system cannot provide a suitable
approach.''.
SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 is amended by
adding at the end the following:
``Sec. 47143. Non-movement area surveillance surface display
systems pilot program
``(a) In General.--The Administrator of the Federal
Aviation Administration may carry out a pilot program to
support non-Federal acquisition and installation of
qualifying non-movement area surveillance surface display
systems and sensors if--
``(1) the Administrator determines that acquisition and
installation of qualifying non-movement area surveillance
surface display systems and sensors improve safety or
capacity in the National Airspace System; and
``(2) the non-movement area surveillance surface display
systems and sensors are supplemental to existing movement
area systems and sensors at the selected airports established
under other programs administered by the Administrator.
``(b) Project Grants.--
``(1) In general.--For purposes of carrying out the pilot
program, the Administrator may make a project grant out of
funds apportioned under paragraph (1) or paragraph (2) of
section 47114(c) to not more than 5 eligible sponsors to
acquire and install qualifying non-movement area surveillance
surface display systems and sensors. The Administrator may
distribute not more than $2,000,000 per sponsor from the
discretionary fund. The airports selected to participate in
the pilot program shall have existing Federal Aviation
Administration movement area systems and airlines that are
participants in Federal Aviation Administration's Airport
Collaborative Decision Making process.
``(2) Procedures.--In accordance with the authority under
section 106, the Administrator may establish procurement
procedures applicable to grants issued under this subsection.
The procedures may permit the sponsor to carry out the
project with vendors that have been accepted in the
procurement procedure or using Federal Aviation
Administration contracts. The procedures may provide for the
direct reimbursement (including administrative costs) of the
Administrator by the sponsor using grant funds under this
subsection, for the ordering of system-related equipment and
its installation, or for the direct ordering of system-
related equipment and its installation by the sponsor, using
such grant funds, from the suppliers with which the
Administrator has contracted.
``(3) Data exchange processes.--The Administrator may
establish data exchange processes to allow airport
participation in the Federal Aviation Administration's
Airport Collaborative Decision Making process and fusion of
the non-movement surveillance data with the Administration's
movement area systems.
``(c) Definitions.--In this section:
``(1) Non-movement area.--The term `non-movement area' is
the portion of the airfield surface that is not under the
control of air traffic control.
``(2) Non-movement area surveillance surface display system
and sensors.--The term `non-movement area surveillance
surface display system and sensors' is a non-Federal
surveillance system that uses on-airport sensors that track
vehicles or aircraft that are equipped with transponders in
the non-movement area.
``(3) Qualifying non-movement area surveillance surface
display system and sensors.--The term `qualifying non-
movement area surveillance surface display system and
sensors' is a non-movement area surveillance surface display
system that--
``(A) provides the required transmit and receive data
formats consistent with the National Airspace System
architecture at the appropriate service delivery point;
[[Page S1939]]
``(B) is on-airport; and
``(C) is airport operated.''.
(b) Technical and Conforming Amendments.--The table of
contents of chapter 471 is amended by inserting after the
item relating to section 47142 the following:
``47143. Non-movement area surveillance surface display systems pilot
program.''.
SEC. 1216. AMENDMENTS TO DEFINITIONS.
Section 47102 is amended--
(1) by redesignating paragraphs (10) through (28) as
paragraphs (12) through (30), respectively;
(2) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(3) in paragraph (3)--
(A) in subparagraph (B)--
(i) by redesignating clauses (iii) through (x) as clauses
(iv) through (xi), respectively; and
(ii) by striking clause (ii) and inserting the following:
``(II) security equipment owned and operated by the
airport, including explosive detection devices, universal
access control systems, perimeter fencing, and emergency call
boxes, which the Secretary may require by regulation for, or
approve as contributing significantly to, the security of
individuals and property at the airport;
``(III) safety apparatus owned and operated by the airport,
which the Secretary may require by regulation for, or approve
as contributing significantly to, the safety of individuals
and property at the airport, and integrated in-pavement
lighting systems for runways and taxiways and other runway
and taxiway incursion prevention devices;'';
(B) in subparagraph (K), by striking ``such project will
result in an airport receiving appropriate'' and inserting
``the airport would be able to receive''; and
(C) in subparagraph (L)--
(i) by striking ``or conversion of vehicles and'' and
inserting ``of vehicles used exclusively for transporting
passengers on-airport, employee shuttle buses within the
airport, or'';
(ii) by striking ``airport, to'' and inserting ``airport
and equipped with''; and
(iii) by striking ``7505a) and if such project will result
in an airport receiving appropriate'' and inserting ``7505a))
and if the airport would be able to receive'';
(4) in paragraph (5), by striking ``regulations'' and
inserting ``requirements'';
(5) by inserting after paragraph (6) the following:
``(7) `categorized airport' means a nonprimary airport that
has an identified role in the National Plan of Integrated
Airport Systems.'';
(6) in paragraph (9), as redesignated, by striking
``public'' and inserting ``public-use'';
(7) by inserting after paragraph (10), as redesignated, the
following:
``(11) `joint use airport' means an airport owned by the
Department of Defense, at which both military and civilian
aircraft make shared use of the airfield.'';
(8) in paragraph (24), as redesignated, by amending
subparagraph (B)(i) to read as follows:
``(i) determined by the Secretary to have at least--
``(I) 100 based aircraft that are currently registered with
the Federal Aviation Administration under chapter 445 of this
title; and
``(II) 1 based jet aircraft that is currently registered
with the Federal Aviation Administration where, for the
purposes of this clause, `based' means the aircraft or jet
aircraft overnights at the airport for the greater part of
the year; or''; and
(9) by adding at the end the following:
``(31) `unclassified airport' means a nonprimary airport
that is included in the National Plan of Integrated Airport
Systems that is not categorized by the Administrator of the
Federal Aviation Administration in the most current report
entitled General Aviation Airports: A National Asset.''.
SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UPDATES.
Section 47503(b) is amended--
(1) by striking ``a change in the operation of the airport
would establish'' and inserting ``there is a change in the
operation of the airport that would establish''; and
(2) by inserting after ``reduction'' the following: ``if
the change has occurred during the longer of--
``(1) the noise exposure map period forecast by the airport
operator under subsection (a); or
``(2) the implementation timeframe of the operator's noise
compatibility program''.
SEC. 1218. PROVISION OF FACILITIES.
Section 44502 is amended by adding at the end the
following:
``(f) Airport Space.--
``(1) Restriction.--The Administrator may not require an
airport owner or sponsor (as defined in section 47102) to
provide to the Federal Aviation Administration without cost
any of the following:
``(A) Building construction, maintenance, utilities, or
expenses for services relating to air traffic control, air
navigation, or weather reporting.
``(B) Space in a facility owned by the airport owner or
sponsor for services relating to air traffic control, air
navigation, or weather reporting.
``(2) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) any agreement the Secretary may have or make with an
airport owner or sponsor for the airport owner or sponsor to
provide any of the items described in subparagraph (A) or
subparagraph (B) of paragraph (1) at below-market rates; or
``(B) any grant assurance that requires an airport owner or
sponsor to provide land to the Administration without cost
for an air traffic control facility.''.
SEC. 1219. CONTRACT WEATHER OBSERVERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report--
(1) which includes public and stakeholder input, and
examines all safety risks, hazard effects, efficiency and
operational effects on airports, airlines, and other
stakeholders that could result from loss of contract weather
observer service at the 57 airports targeted for the loss of
this service;
(2) detailing how the Federal Aviation Administration will
accurately report rapidly changing severe weather conditions
at these airports, including thunderstorms, lightning, fog,
visibility, smoke, dust, haze, cloud layers and ceilings, ice
pellets, and freezing rain or drizzle without contract
weather observers;
(3) indicating how airports can comply with applicable
Federal Aviation Administration orders governing weather
observations given the current documented limitations of
automated surface observing systems; and
(4) identifying the process through which the Federal
Aviation Administration analyzed the safety hazards
associated with the elimination of the contract weather
observer program.
(b) Continued Use of Contract Weather Observers.--The
Administrator may not discontinue the contract weather
observer program at any airport until October 1, 2017.
(c) Report on Golden Triangle Initiative of NOAA.--
(1) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration and the Administrator
of the Federal Aviation Administration shall jointly submit
to the appropriate committees of Congress a report on the
Golden Triangle Initiative of the National Oceanic and
Atmospheric Administration.
(2) Elements.--The report shall include the following:
(A) An assessment of the impacts of enhanced aviation
forecast services provided as part of the Golden Triangle
Initiative on weather-related air traffic delays.
(B) A description of the costs of providing such enhanced
aviation forecast services.
(C) A description of potential alternative mechanisms to
provide enhanced aviation forecast services comparable to
such enhanced aviation forecast services for airports in
rural or low population density areas.
SEC. 1220. FEDERAL SHARE ADJUSTMENT.
Section 47109(a)(5) is amended to read as follows:
``(5) 95 percent for a project at an airport for which the
United States Government's share would otherwise be capped at
90 percent under paragraph (2) or paragraph (3) if the
Administrator determines that the project is a successive
phase of a multi-phased construction project for which the
sponsor received a grant in fiscal year 2011 or earlier.''.
SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Airport Security Program.--Section 47137 is amended--
(1) in subsection (a), by striking ``Transportation'' and
inserting ``Homeland Security'';
(2) in subsection (e), by striking ``Homeland Security''
and inserting ``Transportation''; and
(3) in subsection (g), by inserting ``of Transportation''
after ``Secretary'' the first place it appears.
(b) Section 516 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 before the period at the end the
following: ``, or section 47125 of title 49, United States
Code''.
SEC. 1222. MOTHERS' ROOMS AT AIRPORTS.
(a) Lactation Area Defined.--Section 47102, as amended by
section 1216 of this Act, is further amended--
(1) by redesignating paragraphs (12) through (31) as
paragraphs (13) through (32), respectively; and
(2) by inserting after paragraph (11) the following:
``(12) `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 Grants Written Assurances for Large and Medium
Hub Airports.--
(1) In general.--Section 47107(a) is amended--
(A) in paragraph (20), by striking ``and'' at the end;
[[Page S1940]]
(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 amendments 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) 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 of Transportation may determine that a
lactation area in existence on the date of enactment of this
Act complies with the requirement of paragraph (22) of
section 47107(a) of title 49, United States Code, as added by
subsection (b), notwithstanding the absence of one of the
facilities or characteristics referred to in the definition
of the term ``lactation area'' in paragraph (12) of section
47102 of such title, as added by subsection (a).
SEC. 1223. ELIGIBILITY FOR AIRPORT DEVELOPMENT GRANTS AT
AIRPORTS THAT ENTER INTO CERTAIN LEASES WITH
COMPONENTS OF THE ARMED FORCES.
Section 47107, as amended by section 1208 of this Act, is
further amended by adding at the end the following:
``(t) Airports That Enter Into Certain Leases With the
Armed Forces.--The Secretary of Transportation may not
disapprove a project grant application under this subchapter
for an airport development project at an airport solely
because the airport renews a lease for the use, at a nominal
rate, of airport property by a regular or reserve component
of the Armed Forces, including the National Guard, without
regard to whether that component operates aircraft at the
airport.''.
SEC. 1224. CLARIFICATION OF DEFINITION OF AVIATION-RELATED
ACTIVITY FOR HANGAR USE.
Section 47107, as amended by section 1223 of this Act, is
further 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, repair, or
restoration by a private individual at a general aviation
airport.''.
SEC. 1225. USE OF AIRPORT IMPROVEMENT PROGRAM FUNDS FOR
RUNWAY SAFETY REPAIRS.
(a) In General.--Subchapter I of chapter 471, as amended by
this subtitle, is further amended by adding at the end the
following:
``Sec. 47144. Use of funds for repairs for runway safety
repairs
``(a) In General.--The Secretary of Transportation may make
project grants under this subchapter to an airport described
in subsection (b) from funds under section 47114 apportioned
to that airport or funds available for discretionary grants
to that airport under section 47115 to conduct airport
development to repair the runway safety area of the airport
damaged as a result of a natural disaster in order to
maintain compliance with the regulations of the Federal
Aviation Administration relating to runway safety areas,
without regard to whether construction of the runway safety
area damaged was carried out using amounts the airport
received under this subchapter.
``(b) Airports Described.--An airport is described in this
subsection if--
``(1) the airport is a public-use airport;
``(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
``(3) the runway safety area of the airport was damaged as
a result of a natural disaster;
``(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) with respect to the disaster;
``(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or
insurers thereof) whose action or inaction may have
contributed to the need for the repair of the runway safety
area;
``(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
``(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined by
the Administrator of the Federal Aviation Administration.''.
(b) Conforming Amendment.--The table of contents for
chapter 471, as amended by this subtitle, is further amended
by inserting after the item relating to section 47143 the
following:
``47144. Use of funds for repairs for runway safety repairs.''.
SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) is amended to read as follows:
``(1) `small business concern'--
``(A) except as provided in subparagraph (B), has the same
meaning given that term in section 3 of the Small Business
Act (15 U.S.C. 632); and
``(B) in the case of a concern in the construction
industry, a concern shall be considered a small business
concern if the concern meets the size standard for the North
American Industry Classification System Code 237310, as
adjusted by the Small Business Administration;''.
Subtitle C--Passenger Facility Charges
SEC. 1301. PFC STREAMLINING.
(a) Passenger Facility Charges; General Authority.--Section
40117(b)(4) is amended--
(1) in the matter preceding subparagraph (A), by striking
``, if the Secretary finds--'' and inserting a period; and
(2) by striking subparagraphs (A) and (B).
(b) Pilot Program for Passenger Facility Charge
Authorizations at Nonhub Airports.--Section 40117(l) is
amended--
(1) in the heading by striking ``Nonhub'' and inserting
``Certain''; and
(2) in paragraph (1), by striking ``nonhub'' and inserting
``nonhub, small hub, medium hub, and large hub''.
SEC. 1302. INTERMODAL ACCESS PROJECTS.
Section 40117 is amended by adding at the end the
following:
``(n) PFC Eligibility for Intermodal Ground Access
Projects.--
``(1) In general.--The Secretary may authorize a passenger
facility charge imposed under subsection (b)(1) to be used to
finance the eligible capital costs of an intermodal ground
access project.
``(2) Definition of intermodal ground access project.--In
this subsection, the term `intermodal ground access project'
means a project for constructing a local facility owned or
operated by an eligible agency that--
``(A) is located on airport property; and
``(B) is directly and substantially related to the movement
of passengers or property traveling in air transportation.
``(3) Eligible capital costs.--The eligible capital costs
of an intermodal ground access project shall be the lesser
of--
``(A) the total capital cost of the project multiplied by
the ratio that the number of individuals projected to use the
project to gain access to or depart from the airport bears to
the total number of individuals projected to use the local
facility; or
``(B) the total cost of the capital improvements that are
located on airport property.
``(4) Determinations.--The Secretary shall determine the
projected use and cost of a project for purposes of paragraph
(3) at the time the project is approved under this
subsection, except that, in the case of a project to be
financed in part using funds administered by the Federal
Transit Administration, the Secretary shall use the travel
forecasting model for the project at the time the project is
approved by the Federal Transit Administration to enter
preliminary engineering to determine the projected use and
cost of the project for purposes of paragraph (3).
``(5) Nonattainment areas.--For airport property, any area
of which is located in a nonattainment area (as defined under
section 171 of the Clean Air Act (42 U.S.C. 7501)) for 1 or
more criteria pollutant, the airport emissions reductions
from less airport surface transportation and parking as a
direct result of the development of an intermodal project on
the airport property would be eligible for air quality
emissions credits.''.
SEC. 1303. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED AIRPORT.
Section 40117, as amended by section 1302 of this Act, is
further amended by adding at the end the following:
``(o) Use of Revenues at a Previously Associated Airport.--
Notwithstanding the requirements relating to airport control
under subsection (b)(1), the Secretary may authorize use of a
passenger facility charge under subsection (b) to finance an
eligible airport-related project if--
``(1) the eligible agency seeking to impose the new charge
controls an airport where a $2.00 passenger facility charge
became effective on January 1, 2013; and
``(2) the location of the project to be financed by the new
charge is at an airport that was under the control of the
same eligible agency that had controlled the airport
described in paragraph (1).''.
SEC. 1304. FUTURE AVIATION INFRASTRUCTURE AND FINANCING
STUDY.
(a) Future Aviation Infrastructure and Financing Study.--
Not later than 60 days
[[Page S1941]]
after the date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with the
Transportation Research Board of the National Academies to
conduct a study and make recommendations on the actions
needed to upgrade and restore the national aviation
infrastructure system to its role as a premier system that
meets the growing and shifting demands of the 21st century,
including airport infrastructure needs and existing financial
resources for commercial service airports.
(b) Consultation.--In carrying out the study, the
Transportation Research Board shall convene and consult with
a panel of national experts, including--
(1) nonhub airports;
(2) small hub airports;
(3) medium hub airports;
(4) large hub airports;
(5) airports with international service;
(6) non-primary airports;
(7) local elected officials;
(8) relevant labor organizations;
(9) passengers;
(10) air carriers; and
(11) representatives of the tourism industry.
(c) Considerations.--In carrying out the study, the
Transportation Research Board shall consider--
(1) the ability of airport infrastructure to meet current
and projected passenger volumes;
(2) the available financial tools and resources for
airports of different sizes;
(3) the current debt held by airports, and its impact on
future construction and capacity needs;
(4) the impact of capacity constraints on passengers and
ticket prices;
(5) the purchasing power of the passenger facility charge
from the last increase in 2000 to the year of enactment of
this Act;
(6) the impact to passengers and airports of indexing the
passenger facility charge for inflation;
(7) how long airports are constrained with current
passenger facility charge collections;
(8) the impact of passenger facility charges to promote
competition;
(9) the additional resources or options to fund terminal
construction projects;
(10) the resources eligible for use toward noise reduction
and emission reduction projects;
(11) the gap between AIP-eligible projects and the annual
Federal funding provided;
(12) the impact of regulatory requirements on airport
infrastructure financing needs;
(13) airline competition;
(14) airline ancillary fees and their impact on ticket
pricing and taxable revenue; and
(15) the ability of airports to finance necessary safety,
security, capacity, and environmental projects identified in
capital improvement plans.
(d) Report.--Not later than 15 months after the date of
enactment of this Act, the Transportation Research Board
shall submit to the Secretary and the appropriate committees
of Congress a report on its findings and recommendations.
(e) Funding.--The Secretary is authorized to use such sums
as are necessary to carry out the requirements of this
section.
TITLE II--SAFETY
Subtitle A--Unmanned Aircraft Systems Reform
SEC. 2001. DEFINITIONS.
(a) In General.--Unless expressly provided otherwise, the
terms used in this subtitle have the meanings given the terms
in section 44801 of title 49, United States Code, as added by
section 2121 of this Act.
(b) Definition of Civil Aircraft.--The term ``civil
aircraft'' has the meaning given the term in section 40102 of
title 49, United States Code.
PART I--PRIVACY AND TRANSPARENCY
SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY.
It is the policy of the United States that the operation of
any unmanned aircraft or unmanned aircraft system shall be
carried out in a manner that respects and protects personal
privacy consistent with the United States Constitution and
Federal, State, and local law.
SEC. 2102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except for news gathering, should have a written
privacy policy consistent with section 2101 that is
appropriate to the nature and scope of the activities
regarding the collection, use, retention, dissemination, and
deletion of any data collected during the operation of an
unmanned aircraft system;
(2) each privacy policy described in paragraph (1) should
be periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should
be publicly available.
SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY.
A violation of a privacy policy by a person that uses an
unmanned aircraft system for compensation or hire, or in the
furtherance of a business enterprise, in the national
airspace system shall be an unfair and deceptive practice in
violation of section 5(a) of the Federal Trade Commission Act
(15 U.S.C. 45(a)).
SEC. 2104. NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION MULTI-STAKEHOLDER PROCESS.
Not later than July 31, 2016, the Administrator of the
National Telecommunications and Information Administration
shall submit to the appropriate committees of Congress a
report on the industry privacy best practices developed
through the multi-stakeholder engagement process (established
under Presidential Memorandum of February 15, 2015 (80 Fed.
Reg. 9355)) on unmanned aircraft systems transparency and
accountability. In addition to the agreed upon best
practices, this report shall include relevant stakeholder
recommendations for legislative or regulatory action
regarding privacy, accountability, and transparency,
including ways to encourage the adoption of privacy policies
by companies that use unmanned aircraft systems for
compensation or hire, or in the furtherance of a business
enterprise. The report shall take into account existing
rights protected under the First Amendment to the United
States Constitution in public spaces and the First Amendment
rights of journalists to control their archives.
SEC. 2105. IDENTIFICATION STANDARDS.
(a) In General.--The Director of the National Institute of
Standards and Technology, in collaboration with the
Administrator of the Federal Aviation Administration, and in
consultation with the Secretary of Transportation, the
President of RTCA, Inc., and the Administrator of the
National Telecommunications and Information Administration,
shall convene industry stakeholders to facilitate the
development of consensus standards for remotely identifying
operators and owners of unmanned aircraft systems and
associated unmanned aircraft.
(b) Considerations.--As part of the standards developed
under subsection (a), the Director shall consider--
(1) requirements for remote identification of unmanned
aircraft systems;
(2) appropriate requirements for different classifications
of unmanned aircraft systems operations, including public and
civil;
(3) the role of manufacturers, the Federal Aviation
Administration, and the owners of the systems described in
paragraphs (1) and (2) in reporting and verifying
identification data; and
(4) the feasibility of the development and operation of a
publicly searchable online database to further enable the
immediate remote identification of any unmanned aircraft and
its operator by the general public and potential exceptions
to inclusion in the online database.
(c) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to the
appropriate committees of Congress a report on the consensus
identification standards.
(d) Guidance.--Not later than 1 year after the date that
the Director submits the report on the consensus
identification standards under subsection (c), the
Administrator of the Federal Aviation Administration shall
issue regulatory guidance based on the consensus
identification standards.
SEC. 2106. COMMERCIAL AND GOVERNMENTAL OPERATORS.
(a) In General.--Except for model aircraft under section
44808 of title 49, United States Code, in authorizing the
operation of any public unmanned aircraft system or the
operation of any unmanned aircraft system by a person
conducting civil aircraft operations, the Administrator of
the Federal Aviation Administration, to the extent
practicable and consistent with applicable law and without
compromising national security, homeland defense, or law
enforcement, shall make the identifying information in
subsection (b) available to the public via an easily
searchable online database. The Administrator shall place a
clear and conspicuous link to the database on the home page
of the Federal Aviation Administration's website.
(b) Contents.--The database described in subsection (a)
shall contain the following:
(1) The name of each individual, or agency, as applicable,
authorized to conduct civil or public unmanned aircraft
systems operations described in subsection (a).
(2) The name of each owner of an unmanned aircraft system
described in paragraph (1).
(3) The expiration date of any authorization related to a
person identified in paragraph (1) or paragraph (2).
(4) The contact information for each person identified in
paragraphs (1) and (2), including a telephone number and an
electronic mail address, in accordance with applicable
privacy laws.
(5) The tail number or specific identification number of
all unmanned aircraft authorized for use that links each
unmanned aircraft to the owner of that aircraft.
(6) For any unmanned aircraft system that will collect
personally identifiable information about individuals,
including the use of facial recognition--
(A) the circumstance under which the system will be used;
(B) the specific kinds of personally identifiable
information that the system will collect about individuals;
and
(C) how the information referred to in subparagraph (B),
and the conclusions drawn from such information, will be
used, disclosed, and otherwise handled, including--
(i) how the collection or retention of such information
that is unrelated to the specific use will be minimized;
(ii) under what circumstances such information might be
sold, leased, or otherwise provided to third parties;
(iii) the period during which such information will be
retained;
[[Page S1942]]
(iv) when and how such information, including information
no longer relevant to the specified use, will be destroyed;
and
(v) steps that will be used to protect against the
unauthorized disclosure of any information or data, such as
the use of encryption methods and other security features.
(7) With respect to public unmanned aircraft systems--
(A) the locations where the unmanned aircraft system will
operate;
(B) the time during which the unmanned aircraft system will
operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned aircraft
system possesses.
(c) Records.--Each person described in subsection (b)(1),
to the extent practicable without compromising national
security, homeland defense, or law enforcement shall maintain
and make available to the Administrator for not less than 1
year a record of the name and contact information of each
person on whose behalf the unmanned aircraft system has been
operated.
(d) Deadline.--The Administrator shall make the database
available not later than 1 year after the date of enactment
of this Act.
(e) Termination.--The Administrator may cease the operation
of such database on September 30, 2017.
SEC. 2107. ANALYSIS OF CURRENT REMEDIES UNDER FEDERAL, STATE,
AND LOCAL JURISDICTIONS.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct and submit to the appropriate committees of Congress
a review of the privacy issues and concerns associated with
the operation of unmanned aircraft systems in the national
airspace system that--
(1) examines and identifies the existing Federal, State, or
local laws, including constitutional law, that address an
individual's personal privacy;
(2) identifies specific issues and concerns that may limit
the availability of existing civil or criminal legal remedies
regarding inappropriate operation of unmanned aircraft
systems in the national airspace system;
(3) identifies any deficiencies in current Federal, State,
or local privacy protections; and
(4) recommends legislative or other actions to address the
limitations and deficiencies identified in paragraphs (2) and
(3).
PART II--UNMANNED AIRCRAFT SYSTEMS
SEC. 2121. DEFINITIONS.
(a) In General.--Part A of subtitle VII is amended by
inserting after chapter 447 the following:
``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``44801. Definitions.
``Sec. 44801. Definitions
``In this chapter--
``(1) `appropriate committees of Congress' means the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
``(2) `Arctic' means the United States zone of the Chukchi
Sea, Beaufort Sea, and Bering Sea north of the Aleutian
chain.
``(3) `certificate of waiver' and `certificate of
authorization' mean a Federal Aviation Administration grant
of approval for a specific flight operation.
``(4) `permanent areas' means areas on land or water that
provide for launch, recovery, and operation of small unmanned
aircraft.
``(5) `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)).
``(6) `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.
``(7) `small unmanned aircraft' means an unmanned aircraft
weighing less than 55 pounds, including the weight of
anything attached to or carried by the aircraft.
``(8) `test range' means a defined geographic area where
research and development are conducted as authorized by the
Administrator of the Federal Aviation Administration.
``(9) `test site' means 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 (49 U.S.C. 40101 note), as in effect
on the day before the date of enactment of the Federal
Aviation Administration Reauthorization Act of 2016, and any
public entity authorized by the Federal Aviation
Administration as an unmanned aircraft system flight test
center before January 1, 2009.
``(10) `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' means an unmanned
aircraft and associated elements (including communication
links and the components that control the unmanned aircraft)
that are required for the operator to operate safely and
efficiently in the national airspace system.''.
(b) Table of Chapters.--The table of chapters for subtitle
VII is amended by inserting after the item relating to
chapter 447 the following:
``448. Unmanned Aircraft Systems...........................44801''.....
SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM TEST
SITES.
(a) In General.--Chapter 448, as designated by section 2121
of this Act, is amended by inserting after section 44801 the
following:
``Sec. 44802. Unmanned aircraft system test sites
``(a)(1) In General.--The Administrator of the Federal
Aviation Administration shall establish and update, as
appropriate, a program for the use of the 6 test sites
established under section 332(c) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note), and any public
entity authorized by the Federal Aviation Administration as
an unmanned aircraft system flight test center before January
1, 2009, to facilitate the safe integration of unmanned
aircraft systems into the national airspace system.
``(2) Termination.--The program shall terminate on
September 30, 2022.
``(b) Program Requirements.--In establishing the program
under subsection (a), the Administrator shall--
``(1) designate airspace for safely testing the integration
of unmanned flight operations in the national airspace
system;
``(2) develop operational standards and air traffic
requirements for unmanned flight operations at test sites,
including test ranges;
``(3) coordinate with and leverage the resources of the
National Aeronautics and Space Administration and the
Department of Defense;
``(4) address both civil and public unmanned aircraft
systems;
``(5) ensure that the program is coordinated with relevant
aspects of the Next Generation Air Transportation System;
``(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures as it
relates to continued development of standards for integration
into the national airspace system;
``(7) engage each test site operator in projects for
research, development, testing, and evaluation of unmanned
aircraft systems to facilitate the Federal Aviation
Administration's development of standards for the safe
integration of unmanned aircraft into the national airspace
system, which may include solutions for--
``(A) developing and enforcing geographic and altitude
limitations;
``(B) classifications of airspace where manufacturers must
prevent flight of an unmanned aircraft system;
``(C) classifications of airspace where manufacturers of
unmanned aircraft systems must alert the operator to hazards
or limitations on flight;
``(D) sense and avoid capabilities;
``(E) beyond-line-of-sight, nighttime operations and
unmanned traffic management, or other critical research
priorities; and
``(F) improving privacy protections through the use of
advances in unmanned aircraft systems technology;
``(8) coordinate periodically with all test site operators
to ensure test site operators know which data should be
collected, what procedures should be followed, and what
research would advance efforts to safely integrate unmanned
aircraft systems into the national airspace system;
``(9) allow a test site to develop multiple test ranges
within the test site;
``(10) streamline the approval process for test sites when
processing unmanned aircraft certificates of waiver or
authorization for operations at the test sites;
``(11) require each test site operator to protect
proprietary technology, sensitive data, or sensitive research
of any civil or private entity when using that test site
without the need to obtain an experimental or special
airworthiness certificate;
``(12) evaluate options for the operation of 1 or more
small unmanned aircraft systems beyond the visual line of
sight of the operator for testing under controlled conditions
that ensure the safety of persons and property, including on
the ground; and
``(13) allow test site operators to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test site participants
in the furtherance of research, development, and testing
objectives.
``(c) Test Site Locations.--In determining the location of
a test site under subsection (a), the Administrator shall--
``(1) take into consideration geographic and climatic
diversity;
``(2) take into consideration the location of ground
infrastructure and research needs; and
``(3) consult with the Administrator of the National
Aeronautics and Space Administration and the Secretary of
Defense.
``(d) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall submit
to the appropriate committees of Congress a report on the
establishment and implementation of the program under
subsection (a).
``(2) Briefings.--Beginning 180 days after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, and every 180 days thereafter
until September 30, 2017, the Administrator shall provide to
the appropriate committees of Congress a briefing that
includes--
``(A) a current summary of unmanned aircraft systems
operations at the test sites since the last briefing to
Congress;
``(B) a description of all of the data generated from the
operations described in subparagraph (A), and shared with the
Federal Aviation Administration through a cooperative
research and development agreement authorized in section 2123
of the Federal
[[Page S1943]]
Aviation Administration Reauthorization Act of 2016, that
relate to unmanned aircraft systems research priorities,
including beyond-line-of-sight, unmanned traffic management,
nighttime operations, and sense and avoid technology;
``(C) a description of how the data described in
subparagraph (B) will be or is used--
``(i) to advance Federal Aviation Administration
priorities;
``(ii) to validate the safety of unmanned aircraft systems
and related technology; and
``(iii) to inform future rulemaking related to the
integration of unmanned aircraft systems into the national
airspace;
``(D) an evaluation of the activities and specific outcomes
from activities at the test sites that support the safe
integration of unmanned aircraft systems under this chapter;
and
``(E) recommendations for future Federal Aviation
Administration test site operations that would generate data
necessary to inform future rulemaking related to unmanned
aircraft systems.
``(e) Review of Operations by Test Site Operators.--The
operator of each test site under subsection (a) shall--
``(1) review the operations of unmanned aircraft systems
conducted at the test site, including--
``(A) ongoing or completed research; and
``(B) data regarding operations by private and public
operators; and
``(2) submit to the Administrator, in such form and manner
as specified by the Administrator, the results of the review,
including recommendations to further enable private research
and development operations at the test sites that contribute
to the Federal Aviation Administration's safe integration of
unmanned aircraft systems into the national airspace system,
on a quarterly basis until the program terminates.
``(f) Testing.--The Secretary may authorize an operator of
a test site described in subsection (a) to administer testing
requirements established by the Administrator for unmanned
aircraft systems operations.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as added by section 2121 of this Act, is further amended
by inserting after the item relating to section 44801 the
following:
``44802. Unmanned aircraft system test sites.''.
(2) Pilot projects.--Section 332 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by
striking subsection (c).
SEC. 2123. ADDITIONAL RESEARCH, DEVELOPMENT, AND TESTING.
(a) Research Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration and the United States Unmanned
Aircraft System Executive Committee, jointly, and in
coordination with industry, users, the Center of Excellence
for Unmanned Aircraft Systems, and test site operators, shall
develop a research plan to identify ongoing research into the
broad range of technical, procedural, and policy concerns
arising from the integration of unmanned aircraft systems
into the national airspace system, and research needs
regarding those concerns. In developing the plan, the
Administrator shall determine and engage the appropriate
entities to meet the research needs identified in the plan.
(b) Collaborative Research and Development Agreements.--The
Administrator may use the other transaction authority under
section 106(l)(6) of title 49, United States Code, and enter
into collaborative research and development agreements, to
direct research related to unmanned aircraft systems,
including at any test site under section 44802(a) of that
title, and in coordination with the Center of Excellence for
Unmanned Aircraft Systems.
(c) Use of Center of Excellence for Unmanned Aircraft
Systems.--The Administrator, in carrying out research
necessary to establish the consensus safety standards and
certification requirements in section 44803 of title 49,
United States Code, as added by section 2124, shall, to the
maximum extent practicable, leverage the research and testing
capacity and capabilities of the Center of Excellence for
Unmanned Aircraft Systems and the test sites (as defined in
44801 of such title, as added by section 2121).
SEC. 2124. SAFETY STANDARDS.
(a) In General.--Chapter 448, as amended by section 2122 of
this Act, is further amended by inserting after section 44802
the following:
``SEC. 44803. AIRCRAFT SAFETY STANDARDS.
``(a) Consensus Aircraft Safety Standards.--Not later than
60 days after the date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016, the Director of
the National Institute of Standards and Technology and the
Administrator of the Federal Aviation Administration, in
consultation with government and industry stakeholders and
appropriate standards-setting organizations, shall initiate a
collaborative process to develop risk-based, consensus
industry airworthiness standards related to the safe
integration of small unmanned aircraft systems into the
national airspace system.
``(b) Considerations.--In developing the consensus aircraft
safety standards, the Director and Administrator shall
consider the following:
``(1) Technologies or standards related to geographic
limitations, altitude limitations, and sense and avoid
capabilities.
``(2) Using performance-based standards.
``(3) Predetermined action to maintain safety in the event
that a communications link between a small unmanned aircraft
and its operator is lost or compromised.
``(4) Detectability and identifiability to pilots, the
Federal Aviation Administration, and air traffic controllers,
as appropriate.
``(5) Means to prevent tampering with or modification of
any system, limitation, or other safety mechanism or standard
under this section or any other provision of law, including a
means to identify any tampering or modification that has been
made.
``(6) Consensus identification standards under section
2105.
``(7) How to update or modify a small unmanned aircraft
system that was commercially distributed prior to the
development of the consensus aircraft safety standards so
that, to the greatest extent practicable, such systems meet
the consensus aircraft safety standards.
``(8) Any technology or standard related to small unmanned
aircraft systems that promotes aviation safety.
``(c) Consultation.--In developing the consensus aircraft
safety standards under subsection (a), the Director and
Administrator shall consult with--
``(1) the Administrator of the National Aeronautics and
Space Administration;
``(2) the President of RTCA, Inc.;
``(3) the Secretary of Defense;
``(4) each operator of a test site under section 44802;
``(5) the Center of Excellence for Unmanned Aircraft
Systems;
``(6) unmanned aircraft systems stakeholders; and
``(7) community-based aviation organizations.
``(d) FAA Approval.--Not later than 1 year after the date
of enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator of the Federal
Aviation Administration shall establish a process for the
approval of small unmanned aircraft systems make and models
based upon the consensus aircraft safety standards developed
under subsection (a). The consensus aircraft safety standards
developed under subsection (a) shall allow the Administrator
to approve small unmanned aircraft systems for operation
within the national airspace system without requiring the
type certification process in parts 21 and 23 of the Code of
Federal Regulations.
``(e) Eligibility.--The consensus aircraft safety standards
for approval of small unmanned aircraft systems developed
under this section shall set eligibility requirements for an
airworthiness approval of a small unmanned aircraft system
which shall include the following:
``(1) An applicant must provide the Federal Aviation
Administration with--
``(A) the aircraft's operating instructions; and
``(B) the manufacturer's statement of compliance as
described in subsection (f) of this section.
``(2) A sample aircraft must be inspected by the Federal
Aviation Administration and found to be in a condition for
safe operation and in compliance with the consensus aircraft
safety standards required by the Administrator in subsection
(d).
``(f) Manufacturer's Statement of Compliance for Small
UAS.--The manufacturer's statement of compliance shall--
``(1) identify the aircraft make and model, and consensus
aircraft safety standard used;
``(2) state that the aircraft make and model meets the
provisions of the standard identified in paragraph (1);
``(3) state that the aircraft make and model conforms to
the manufacturer's design data, using the manufacturer's
quality assurance system that meets the identified consensus
standard adopted by the Administrator in subsection (d), and
is manufactured in way that ensures consistency in the
production process so that every unit produced meets the
applicable consensus aircraft safety standards;
``(4) state that the manufacturer will make available to
any interested person--
``(A) the aircraft's operating instructions, that meet the
standard identified in paragraph (1); and
``(B) the aircraft's maintenance and inspection procedures,
that meet the standard identified in paragraph (1);
``(5) state that the manufacturer will monitor and correct
safety-of-flight issues through a continued airworthiness
system that meets the standard identified in paragraph (1);
``(6) state that at the request of the Administration, the
manufacturer will provide access by the Administration to its
facilities; and
``(7) state that the manufacturer, in accordance with a
production acceptance test procedure that meets an applicable
consensus aircraft safety standard has--
``(A) ground and flight tested random samples of the
aircraft;
``(B) found the sample aircraft performance acceptable; and
``(C) determined that the make and model of aircraft is
suitable for safe operation.
``(g) Prohibition.--It shall be unlawful for any person to
introduce or deliver for introduction into interstate
commerce any unmanned aircraft manufactured after the date
[[Page S1944]]
that the Administrator adopts consensus aircraft safety
standards under this section, unless the manufacturer has
received approval under subsection (d) for each make and
model.''.
(b) Table of Contents.--The table of contents for chapter
448, as amended by section 2122 of this Act, is further
amended by inserting after the item relating to section 44802
the following:
``44803. Aircraft safety standards.''.
SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN THE ARCTIC.
(a) In General.--Chapter 448, as amended by section 2124 of
this Act, is further amended by inserting after section 44803
the following:
``Sec. 44804. Unmanned aircraft systems in the Arctic
``(a) In General.--The Secretary of Transportation 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.
``(b) Plan Contents.--The plan under subsection (a) shall
include the development of processes to facilitate the safe
operation of unmanned aircraft beyond line of sight.
``(c) Requirements.--Each permanent area designated under
subsection (a) 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.
``(d) Agreements.--To implement the plan under subsection
(a), the Secretary may enter into an agreement with relevant
national and international communities.
``(e) Aircraft Approval.--Not later than 1 year after the
entry into force of an agreement necessary to effectuate the
purposes of this section, 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.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2124 of this Act, is further
amended by inserting after the item relating to section 44803
the following:
``44804. Unmanned aircraft systems in the Arctic.''.
(2) Expanding use of unmanned aircraft systems in arctic.--
Section 332 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note) is amended by striking subsection (d).
SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Chapter 448, as amended by section 2125 of
this Act, is further amended by inserting after section 44804
the following:
``Sec. 44805. Special authority for certain unmanned aircraft
systems
``(a) In General.--Notwithstanding any other requirement of
this chapter, the Secretary of Transportation shall use a
risk-based approach to determine if certain unmanned aircraft
systems may operate safely in the national airspace system
notwithstanding completion of the comprehensive plan and
rulemaking required by section 332 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) or the guidance
required by section 44807.
``(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 or beyond visual line of sight, or operation
during the day or night, do not create a hazard to users of
the national airspace system or the public; and
``(2) whether a certificate under section 44703 or section
44704 of this title, or a certificate of waiver or
certificate of authorization, is required for the operation
of unmanned aircraft systems identified under paragraph (1)
of this subsection.
``(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, including operation related to research, development,
and testing of proprietary systems.
``(d) Pilot Certification Exemption.--If the Secretary
proposes, under this section, to require an operator of an
unmanned aircraft system to hold an airman certificate, a
medical certificate, or to have a minimum number of hours
operating a manned aircraft, the Secretary shall set forth
the reasoning for such proposal and seek public notice and
comment before imposing any such requirements.
``(e) Sunset.--The authority under this section for the
Secretary to determine if certain unmanned aircraft systems
may operate safely in the national airspace system terminates
effective September 30, 2017.
``(f) Operation by Owners and Operators of Critical
Infrastructure.--
``(1) In general.--Any application process established
under subsection (a) shall allow for a covered person to
apply to the Administrator to operate an unmanned aircraft
system to conduct activities described in paragraph (2)--
``(A) beyond the visual line of sight of the individual
operating the unmanned aircraft system; and
``(B) operation during the day or at night.
``(2) Activities described.--The activities described in
this paragraph that a covered person may use an unmanned
aircraft system to conduct are the following:
``(A) Activities for which compliance with current law or
regulation can be accomplished by the use of manned aircraft,
including--
``(i) conducting activities to ensure compliance with
Federal or State regulatory, permit, or other requirements,
including to conduct surveys associated with applications for
permits for new pipeline or pipeline systems construction or
maintenance or rehabilitation of existing pipelines or
pipeline systems; or
``(ii) conducting activities relating to ensuring
compliance with--
``(I) the requirements of part 192 or 195 of title 49, Code
of Federal Regulations; or
``(II) any Federal, State, or local governmental or
regulatory body or industry best practice pertaining to the
construction, ownership, operation, maintenance, repair, or
replacement of covered facilities.
``(B) Activities to inspect, repair, construct, maintain,
or protect covered facilities, including to respond to a
pipeline, pipeline system, or electric energy infrastructure
incident, or in response to or in preparation for a natural
disaster, man-made disaster, severe weather event, or other
incident beyond the control of the covered person that may
cause material damage to a covered facility.
``(3) Definitions.--In this subsection:
``(A) Covered facility.--The term `covered facility' means
a pipeline, pipeline system, electric energy generation,
transmission, or distribution facility (including renewable
electric energy), oil or gas production, refining, or
processing facility, or other critical infrastructure.
``(B) Covered person.--The term `covered person' means a
person that--
``(i) owns or operates a covered facility;
``(ii) is the sponsor of a covered facility project;
``(iii) is an association of persons described by clause
(i) or (ii) and is seeking programmatic approval for an
activity in accordance with this subsection; or
``(iv) is an agent of any person described in clause (i),
(ii), or (iii).
``(C) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
2339D of title 18.
``(4) Deadline.--Within 90 days from the date of enactment
of the FAA Reauthorization of 2016 the Administrator must
certify to the appropriate committees of Congress that a
process has been established to facilitate applications for
operations provided for under this subsection. If the
Administrator cannot provide this certification, the
Administrator, within 180 days of from the due date of that
certification, shall update the process under (a) to provide
for such applications.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2125 of this Act, is further
amended by inserting after the item relating to section 44804
the following:
``44805. Special rules for certain unmanned aircraft systems.''.
(2) Special rules for certain unmanned aircraft systems.--
Section 333 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note) and the item relating to that section
in the table of contents under section 1(b) of that Act (126
Stat. 13) are repealed.
SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) beyond visual line of sight and nighttime operations of
unmanned aircraft systems have tremendous potential--
(A) to enhance research and development both commercially
and in academics;
(B) to spur economic growth and development through
innovative applications of this emerging technology; and
(C) to improve emergency response efforts as it relates to
assessing damage to critical infrastructure such as roads,
bridges, and utilities, including water and power, ultimately
speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have
increased economic opportunities for using unmanned aircraft
systems while reducing kinetic energy and risk compared to
unmanned aircraft that may weigh as much as 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight and
nighttime operations on a routine basis should remain a top
priority for the Federal Aviation Administration as it
pursues additional rulemakings under the amendments made by
this section.
[[Page S1945]]
(b) In General.--Chapter 448, as amended by section 2126 of
this Act, is further amended by inserting after section 44805
the following:
``Sec. 44806. Additional rulemaking authority
``(a) In General.--Notwithstanding the rulemaking required
by section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note) or the guidance required by
section 44807 of this title and subject to subsection (b)(2)
of this section and section 44808, the Administrator may
issue regulations under which a person may operate certain
unmanned aircraft systems (as determined by the
Administrator) in the United States--
``(1) without an airman certificate;
``(2) without an airworthiness certificate for the
associated unmanned aircraft; or
``(3) that are not registered with the Federal Aviation
Administration.
``(b) Micro Unmanned Aircraft Systems Operational Rules.--
``(1) In general.--Notwithstanding the rulemaking required
by section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note), the Administrator shall issue
regulations not later than 270 days after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016 under which any person may
operate a micro unmanned aircraft system classification of
unmanned aircraft systems, 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 of this title, part 61 of title 14, Code of
Federal Regulations, or any other rule or regulation relating
to airman certification.
``(2) Operational rules.--The rulemaking required by
paragraph (1) relating to micro unmanned aircraft systems
shall consider the following rules, or any appropriate
modifications thereof concerning altitude, airspeed,
geographic location, and time of day as the Administrator
considers appropriate, for operation of such systems:
``(A) Operation an altitude of less than 400 feet above
ground level.
``(B) Operation with an airspeed of not greater than 40
knots.
``(C) Operation within the visual line of sight of the
operator.
``(D) Operation during the hours between sunrise and
sunset.
``(E) Operation not less than 5 statute miles from the
geographic center of an airport with an operational air
traffic control tower or an airport denoted on a current
aeronautical chart published by the Federal Aviation
Administration, except that a micro unmanned aircraft system
may be operated within 5 statute miles of such an airport if
the operator of the system--
``(i) provides notice to the airport operator; and
``(ii) in the case of an airport with an operational air
traffic control tower, receives approval from the air traffic
control tower.
``(c) 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 (a), 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.
``(d) 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 (a) 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; and
``(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.''.
(c) Table of Contents.--The table of contents for chapter
448, as amended by section 2126 of this Act, is further
amended by inserting after the item relating to section 44805
the following:
``44806. Additional rulemaking authority.''.
SEC. 2128. GOVERNMENTAL UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448, as amended by section 2127 of
this Act, is further amended by inserting after section 44806
the following:
``Sec. 44807. Public unmanned aircraft systems
``(a) Guidance.--The Secretary of Transportation shall
issue guidance regarding the operation of a public unmanned
aircraft system--
``(1) to streamline the process for the issuance of a
certificate of authorization or a certificate of waiver;
``(2) to 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 analyses and data become available, and
until standards are completed and technology issues are
resolved;
``(3) to 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 public unmanned aircraft systems; and
``(4) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft without
a civil airworthiness certificate issued by the
Administration.
``(b) Standards for Operation and Certification.--The
Administrator of the Federal Aviation Administration shall
develop and implement operational and certification
requirements for the operation of a public unmanned aircraft
system in the national airspace system.
``(c) Agreements With Government Agencies.--
``(1) In general.--The Secretary shall enter into an
agreement with each appropriate public agency to simplify the
process for issuing a certificate of waiver or a certificate
of authorization with respect to an application for
authorization to operate a public unmanned aircraft system in
the national airspace system.
``(2) Contents.--An agreement under paragraph (1) 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 not later than 60 business days after the date
of submission of the application;
``(iii) allow for an expedited appeal if the application is
disapproved; and
``(iv) if applicable, include verification of the data
minimization policy required under subsection (d);
``(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 an
unmanned aircraft weighing 25 pounds or less if that unmanned
aircraft is operated--
``(i) within or beyond 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.
``(d) Data Minimization for Certain Public Unmanned
Aircraft System Operators.--Not later than 180 days after the
date of enactment of the Federal Aviation Administration
Reauthorization Act of 2016 each Federal agency authorized by
the Secretary to operate an unmanned aircraft system shall
develop and update a data minimization policy that requires,
at a minimum, that--
``(1) prior to the deployment of any new unmanned aircraft
system technology, and at least every 3 years, existing
policies and procedures relating to the collection, use,
retention, and dissemination of information obtained by an
unmanned aircraft system must be examined to ensure that
privacy, civil rights, and civil liberties are protected;
``(2) if the unmanned aircraft system is the platform for
information collection, information must be collected, used,
retained, and disseminated consistent with the Constitution,
Federal law, and other applicable regulations and policies,
such as the Privacy Act of 1974 (5 U.S.C. 552a);
``(3) the Federal agency or person operating on its behalf,
only collect information using the unmanned aircraft system,
or use unmanned aircraft system-collected information, to the
extent that the collection or use is consistent with and
relevant to an authorized purpose as determined by the head
of a Federal agency and consistent with the law;
``(4) any information collected, using an unmanned aircraft
or an unmanned aircraft system, that may contain personal
information will not be retained by any Federal agency for
more than 180 days after the date of collection unless--
``(A) the head of the Federal agency determines that
retention of the information is directly relevant and
necessary to accomplish the specific purpose for which the
Federal agency used the unmanned aircraft system;
``(B) that Federal agency maintains the information in a
system of records under section 552a of title 5; or
``(C) the information is required to be retained for a
longer period under other applicable law, including
regulations;
``(5) any information collected, using an unmanned aircraft
or unmanned aircraft system, that is not maintained in a
system of records under section 552a of title 5, will not be
disseminated outside of that Federal agency unless--
``(A) dissemination is required by law; or
``(B) dissemination satisfies an authorized purpose and
complies with that Federal agency's disclosure requirements;
``(6) to the extent it does not compromise law enforcement
or national security a Federal agency shall--
``(A) provide notice to the public regarding where in the
national airspace system the Federal agency is authorized to
operate the unmanned aircraft system;
``(B) keep the public informed about the Federal agency's
unmanned aircraft system program, including any changes to
that program that would significantly affect privacy, civil
rights, or civil liberties;
[[Page S1946]]
``(C) make available to the public, on an annual basis, a
general summary of the Federal agency's unmanned aircraft
system operations during the previous fiscal year,
including--
``(i) a brief description of types or categories of
missions flown; and
``(ii) the number of times the Federal agency provided
assistance to other agencies or to State, local, tribal, or
territorial governments; and
``(D) make available on a public and searchable Internet
website the data minimization policy of the Federal agency;
``(7) ensures oversight of the Federal agency's unmanned
aircraft system use, including--
``(A) the use of audits or assessments that comply with
existing Federal agency policies and regulations;
``(B) the verification of the existence of rules of conduct
and training for Federal Government personnel and contractors
who work on programs, and procedures for reporting suspected
cases of misuse or abuse of unmanned aircraft system
technologies;
``(C) the establishment of policies and procedures, or
confirmation that policies and procedures are in place, that
provide meaningful oversight of individuals who have access
to sensitive information, including personal information,
collected using an unmanned aircraft system;
``(D) ensuring that any data-sharing agreements or
policies, data use policies, and record management policies
applicable to an unmanned aircraft system conform to
applicable laws, regulations, and policies;
``(E) the establishment of policies and procedures, or
confirmation that policies and procedures are in place, to
authorize the use of an unmanned aircraft system in response
to a request for unmanned aircraft system assistance in
support of Federal, State, local, tribal, or territorial
government operations; and
``(F) a requirement that State, local, tribal, and
territorial government recipients of Federal grant funding
for the purchase or use of unmanned aircraft systems for
their own operations have in place policies and procedures to
safeguard individuals' privacy, civil rights, and civil
liberties prior to expending such funds; and
``(8) ensures the protection of civil rights and civil
liberties, including--
``(A) ensuring that policies are in place to prohibit the
collection, use, retention, or dissemination of data in any
manner that would violate the First Amendment or in any
manner that would discriminate against persons based upon
their ethnicity, race, gender, national origin, religion,
sexual orientation, or gender identity, in violation of law;
``(B) ensuring that unmanned aircraft system activities are
performed in a manner consistent with the Constitution and
applicable laws, Executive Orders, and other Presidential
directives; and
``(C) ensuring that adequate procedures are in place to
receive, investigate, and address, as appropriate, privacy,
civil rights, and civil liberties complaints.
``(e) Law Enforcement and National Security.--Each Federal
agency shall effectuate a requirement under subsection (d)
only to the extent it does not compromise law enforcement or
national security.
``(f) Definition of Federal Agency.--In subsections (d) and
(e), the term `Federal agency' has the meaning given the term
`agency' in section 552(f) of title 5, United States Code.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2127 of this Act, is further
amended by inserting after the item relating to section 44806
the following:
``44807. Public unmanned aircraft systems.''.
(2) Public unmanned aircraft systems.--Section 334 of the
FAA Modernization and reform Act of 2012 (49 U.S.C. 40101
note) and the item relating to that section in the table of
contents under section 1(b) of that Act (126 Stat. 13) are
repealed.
SEC. 2129. SPECIAL RULES FOR MODEL AIRCRAFT.
(a) In General.--Chapter 448, as amended by section 2128 of
this Act, is further amended by inserting after section 44807
the following:
``Sec. 44808. 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 chapter, the Administrator of the
Federal Aviation Administration may not promulgate any new
rule or regulation specific only to an unmanned aircraft
operating as a model aircraft 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 nationwide community-based organization;
``(3) not flown beyond visual line of sight of persons co-
located with the operator or in direct communication with the
operator;
``(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft;
``(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator, where
applicable, and the airport air traffic control tower (when
an air traffic facility is located at the airport) with prior
notice and receives approval from the tower, to the extent
practicable, for the operation from each (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));
``(6) the aircraft is flown from the surface to not more
than 400 feet in altitude, except under special conditions
and programs established by a community-based organization;
and
``(7) the operator has passed an aeronautical knowledge and
safety test administered by the Federal Aviation
Administration online for the operation of unmanned aircraft
systems subject to the requirements of section 44809 and
maintains proof of test passage to be made available to the
Administrator or law enforcement upon request.
``(b) Updates.--
``(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including nationwide
community-based organizations, shall initiate a process to
update the operational parameters under subsection (a), as
appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to mitigate
aviation safety risk and risk to the uninvolved public;
``(B) operations outside the membership, guidelines, and
programming of a nationwide community-based organization;
``(C) physical characteristics, technical standards, and
classes of aircraft operating under this section;
``(D) trends in use, enforcement, or incidents involving
unmanned aircraft systems; and
``(E) ensuring, to the greatest extent practicable, that
updates to the operational parameters correspond to, and
leverage, advances in technology.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require operators of model aircraft under the exemption of
this subsection to be required to seek permissive authority
of the Administrator prior to operation in the national
airspace system.
``(c) Statutory Construction.--Nothing in this section
shall be construed to limit the authority of the
Administrator to pursue enforcement action against persons
operating model aircraft.
``(d) Model Aircraft Defined.--In this section, the term
`model aircraft' means an unmanned aircraft that--
``(1) is capable of sustained flight in the atmosphere; and
``(2) is limited to weighing not more than 55 pounds,
including the weight of anything attached to or carried by
the aircraft, unless otherwise approved through a design,
construction, inspection, flight test, and operational safety
program administered by a community-based organization.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2128 of this Act, is further
amended by inserting after the item relating to section 44807
the following:
``44808. Special rules for model aircraft.''.
(2) Special rule for model aircraft.--Section 336 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note) and the item relating to that section in the table of
contents under section 1(b) of that Act (126 Stat. 13) are
repealed.
SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL KNOWLEDGE
AND SAFETY.
(a) In General.--Chapter 448, as amended by section 2129 of
this Act, is further amended by inserting after section 44808
the following:
``Sec. 44809. Aeronautical knowledge and safety test
``(a) In General.--An individual may not operate an
unmanned aircraft system unless--
``(1) the individual has successfully completed an
aeronautical knowledge and safety test under subsection (c);
``(2) the individual has authority to operate an unmanned
aircraft under other Federal law; or
``(3) the individual is a holder of an airmen certificate
issued under section 44703.
``(b) Exception.--This section shall not apply to the
operation of an unmanned aircraft system that has been
authorized by the Federal Aviation Administration under
section 44802, 44805, 44806, or 44807. The Administrator may
waive the requirements of this section for operators of
aircraft weighing less than 0.55 pounds or for operators
under the age of 13 operating the unmanned aircraft system
under the supervision of an adult as determined by the
Administrator.
``(c) Aeronautical Knowledge and Safety Test.--Not later
than 180 days after the date of enactment of the Federal
Aviation Administration Reauthorization Act of 2016, the
Administrator of the Federal Aviation Administration, in
consultation with manufacturers of unmanned aircraft systems,
other industry stakeholders, and community-based aviation
organizations, shall develop an aeronautical knowledge and
safety test that can be administered electronically.
``(d) Requirements.--The Administrator shall ensure that
the aeronautical knowledge
[[Page S1947]]
and safety test is designed to adequately demonstrate an
operator's--
``(1) understanding of aeronautical safety knowledge, as
applicable; and
``(2) knowledge of Federal Aviation Administration
regulations and requirements pertaining to the operation of
an unmanned aircraft system in the national airspace system.
``(e) Record of Compliance.--
``(1) In general.--Each operator of an unmanned aircraft
system described under subsection (a) shall maintain and make
available for inspection, upon request by the Administrator
or a Federal, State, or local law enforcement officer, a
record of compliance with this section through--
``(A) an identification number, issued by the Federal
Aviation Administration certifying passage of the
aeronautical knowledge and safety test;
``(B) if the individual has authority to operate an
unmanned aircraft system under other Federal law, the
requisite proof of authority under that law; or
``(C) an airmen certificate issued under section 44703.
``(2) Coordination.--The Administrator may coordinate the
identification number under paragraph (1)(A) with an
operator's registration number to the extent practicable.
``(3) Limitation.--No fine or penalty may be imposed for
the initial failure of an operator of an unmanned aircraft
system to comply with paragraph (1) unless the Administrator
finds that the conduct of the operator actually posed a risk
to the national airspace system.''.
(b) Table of Contents.--The table of contents for chapter
448, as amended by section 2129 of this Act, is further
amended by inserting after the item relating to section 44808
the following:
``44809. Aeronautical knowledge and safety test.''.
SEC. 2131. SAFETY STATEMENTS.
(a) In General.--Chapter 448, as amended by section 2130 of
this Act, is further amended by inserting after section 44809
the following:
``Sec. 44810. Safety statements
``(a) Prohibition.--Beginning on the date that is 1 year
after the date of publication of the guidance under
subsection (b)(1), it shall be unlawful for any person to
introduce or deliver for introduction into interstate
commerce any unmanned aircraft manufactured unless a safety
statement is attached to the unmanned aircraft or
accompanying the unmanned aircraft in its packaging.
``(b) Safety Statement.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator of the Federal
Aviation Administration shall issue guidance for implementing
this section.
``(2) Requirements.--A safety statement described in
subsection (a) shall include--
``(A) information about laws and regulations applicable to
unmanned aircraft systems;
``(B) recommendations for using unmanned aircraft in a
manner that promotes the safety of persons and property;
``(C) the date that the safety statement was created or
last modified; and
``(D) language approved by the Administrator regarding the
following:
``(i) A person may operate the unmanned aircraft as a model
aircraft (as defined in section 44808) or otherwise in
accordance with Federal Aviation Administration authorization
or regulation, including requirements for the completion of
the aeronautical knowledge and safety test under section
44809.
``(ii) The definition of a model aircraft under section
44808.
``(iii) The requirements regarding a model aircraft under
paragraphs (1) through (7) of section 44808(a).
``(iv) The Administrator of the Federal Aviation
Administration may pursue enforcement action against a person
operating model aircraft who endangers the safety of the
national airspace system.
``(c) Civil Penalty.--A person who violates subsection (a)
shall be liable for each violation to the United States
Government for a civil penalty described in section
46301(a).''.
(b) Table of Contents.--The table of contents for chapter
448, as amended by section 2130 of this Act, is further
amended by inserting after the item relating to section 44809
the following:
``44810. Safety statements.''.
SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT OPERATING
UNDERGROUND.
An unmanned aircraft system that is operated underground
for mining purposes shall not be subject to regulation or
enforcement by the Federal Aviation Administration under
chapter 448 of title 49, United States Code.
SEC. 2133. ENFORCEMENT.
(a) UAS Safety Enforcement.--The Administrator of the
Federal Aviation Administration shall establish a program to
utilize available remote detection and identification
technologies for safety oversight, including enforcement
actions against operators of unmanned aircraft systems that
are not in compliance with applicable Federal aviation laws,
including regulations.
(b) Civil Penalties.--
(1) In general.--Section 46301 is amended--
(A) in subsection (a)(1)(A), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-
44723),'';
(B) in subsection (a)(5), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717-44723),'';
(C) in subsection (d)(2), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-
44723),''; and
(D) in subsection (f), by inserting ``chapter 448,'' after
``chapter 447 (except 44717 and 44719-44723),''.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority of the Administrator to
pursue an enforcement action for a violation of this Act, a
regulation prescribed or order or authority issued under this
Act, or any other applicable provision of aviation safety law
or regulation.
(c) Reporting.--As part of the program, the Administrator
shall establish and publicize a mechanism for the public and
Federal, State, and local law enforcement to report a
suspected abuse or a violation of chapter 448 of title 49,
United States Code, for enforcement action.
(d) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $5,000,000
for each of the fiscal years 2016 through 2017.
SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERVICES
DISRUPTION.
(a) In General.--Chapter 463 is amended--
(1) in section 46301(d)(2), by inserting ``section 46320,''
after ``section 46319,''; and
(2) by adding at the end the following:
``Sec. 46320. Interference with firefighting, law
enforcement, or emergency response activities
``(a) Prohibition.--No person may operate an aircraft so as
to interfere with firefighting, law enforcement, or emergency
response activities.
``(b) Definition.--For purposes of this section, an
aircraft interferes with the activities specified in
subsection (a) when its operation prevents the initiation of,
interrupts, or endangers a person or property engaged in
those activities.
``(c) Civil Penalty.--A person violating subsection (a)
shall be liable for a civil penalty of not more than $20,000.
``(d) Compromise and Setoff.--The United States Government
may deduct the amount of a civil penalty imposed or
compromised under this section from the amounts the
Government owes the person liable for the penalty.''.
(b) Table of Contents.--The table of contents for chapter
463 is amended by inserting after the item relating to
section 46319 the following:
``46320. Interference with firefighting, law enforcement, or emergency
response activities.''.
SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE
HAZARD MITIGATION.
(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out a pilot program for airspace
hazard mitigation at airports and other critical
infrastructure.
(b) Consultation.--In carrying out the pilot program under
subsection (a), the Administrator shall work with the
Secretary of Defense, Secretary of Homeland Security, and the
heads of relevant Federal agencies for the purpose of
ensuring technologies that are developed, tested, or deployed
by those departments and agencies to mitigate threats posed
by errant or hostile unmanned aircraft system operations do
not adversely impact or interfere with safe airport
operations, navigation, and air traffic services.
(c) Authorization of Appropriations.--There is authorized
to be appropriated from the Airport and Airway Trust Fund to
carry out this section $6,000,000, to remain available until
expended.
SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY FUNCTIONS.
(a) In General.--Chapter 448, as amended by section 2131 of
this Act, is further amended by inserting after section 44810
the following:
``Sec. 44811. Regulatory and administrative fees
``(a) In General.--Subject to subsection (b), the
Administrator may assess and collect regulatory and
administrative fees to recover the costs of regulatory and
administrative activities under this chapter related to
authorization to operate unmanned aircraft systems for
compensation or hire, or in the furtherance of a business
enterprise.
``(b) Limitations.--Fees authorized under subsection (a)
shall be reasonable, cost-based relative to the regulatory or
administrative activity, and may not be discriminatory or a
deterrent to compliance.
``(c) Receipts Credited to Account.--Notwithstanding
section 3302 of title 31, all fees and amounts collected
under this section shall be credited to the separate account
established under section 45303(c). Section 41742 shall not
apply to fees and amounts collected under this section.
``(d) Regulations.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall issue
regulations to carry out this section.''.
(b) Table of Contents.--The table of contents for chapter
448, as amended by section 2131 of this Act, is further
amended by inserting after the item relating to section 44810
the following:
``44811. Regulatory and administrative fees.''.
SEC. 2137. SENSE OF CONGRESS REGARDING SMALL UAS RULEMAKING.
It is the sense of the Congress that the Administrator of
the Federal Aviation Administration and Secretary of
Transportation
[[Page S1948]]
should take every necessary action to expedite final action
on the notice of proposed rulemaking dated February 23, 2015
(80 Fed. Reg. 9544), entitled ``Operation and Certification
of Small Unmanned Aircraft Systems''.
SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
(a) Research Plan for UTM Development.--
(1) In general.--The Administrator of the Federal Aviation
Administration, in coordination with the Administrator of the
National Aeronautics and Space Administration, shall develop
a research plan for unmanned aircraft systems traffic
management (referred to in this section as ``UTM'')
development.
(2) Requirements.--In developing the research plan under
paragraph (1), the Administrator shall--
(A) identify research goals related to:
(i) operational parameters related to altitude, geographic
coverage, classes of airspace, and critical infrastructure;
(ii) avionics capability requirements or standards;
(iii) operator identification and authentication
requirements and capabilities;
(iv) communication protocols with air traffic control
facilities that will not interfere with existing
responsibility to deconflict manned aircraft in the national
airspace system;
(v) collision avoidance requirements;
(vi) separation standards for manned and unmanned aircraft;
and
(vii) spectrum needs;
(B) evaluate options for the administration and management
structure for the traffic management of low altitude
operations of small unmanned aircraft systems; and
(C) ensure the plan is consistent with the broader Federal
Aviation Administration regulatory and operational framework
encompassing all unmanned aircraft systems operations
expected to be authorized in the national airspace system.
(3) Assessment.--The research plan under paragraph (1)
shall include an assessment of--
(A) the ability to allow near-term small unmanned aircraft
system operations without need of an automated UTM system;
(B) the full range of operational capability any automated
UTM system should possess;
(C) the operational characteristics and metrics that would
drive incremental adoption of automated capability and
procedures consistent with a rising aggregate community
demand for service for low altitude operations of small
unmanned aircraft systems; and
(D) the integration points for small unmanned aircraft
system traffic management with the existing national airspace
system planning and traffic management systems.
(4) Deadlines.--The Administrator shall--
(A) initiate development of the research plan not later
than 90 days after the date of enactment of this Act; and
(B) not later than 180 days after the date of enactment of
this Act--
(i) complete the research plan;
(ii) submit the research plan to the appropriate committees
of Congress; and
(iii) publish the research plan on the Federal Aviation
Administration's Web site.
(b) Pilot Program.--
(1) In general.--Not later than 120 days after the date the
research plan under subsection (a) is submitted under
paragraph (4)(B) of that subsection, the Administrator of the
Federal Aviation Administration shall coordinate with the
Administrator of the National Aeronautics and Space
Administration and the small unmanned aircraft systems
industry to develop operational concepts and top-level system
requirements for a UTM system pilot program, consistent with
subsection (a).
(2) Solicitation.--The Administrator shall issue a
solicitation for operational prototype systems that meet the
necessary objectives for use in a pilot program to
demonstrate, validate, or modify, as appropriate, the
requirements developed under paragraph (1).
(c) Comprehensive Plan.--
(1) In general.--Not later than 270 days after the date the
pilot program under subsection (b) is complete, the
Administrator of the Federal Aviation Administration, in
coordination with the Administrator of the National
Aeronautics and Space Administration, and in consultation
with the head of each relevant Federal agency, shall develop
a comprehensive plan for the deployment of UTM systems in the
national airspace.
(2) System requirements.--The comprehensive plan under
paragraph (1) shall include requirements or standards
consistent with established or planned rulemaking for, at a
minimum--
(A) the flight of small unmanned aircraft systems in
controlled and uncontrolled airspace;
(B) communications, as applicable--
(i) among small unmanned aircraft systems;
(ii) between small unmanned aircraft systems and manned
aircraft operating in the same airspace; and
(iii) between small unmanned aircraft systems and air
traffic control as considered necessary; and
(C) air traffic management for small unmanned aircraft
systems operations.
(d) System Implementation.--Based on the comprehensive plan
under subsection (c), including the requirements under
paragraph (2) of that subsection, and the pilot program under
subsection (b), the Administrator shall determine the
operational need and implementation schedule for evolutionary
use of automation support systems to separate and deconflict
manned and unmanned aircraft systems.
SEC. 2139. EMERGENCY EXEMPTION PROCESS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish guidance for
applications for, and procedures for the processing of, on an
emergency basis, exemptions or certificates of authorization
or waiver for the use of unmanned aircraft systems by civil
or public operators in response to a catastrophe, disaster,
or other emergency to facilitate emergency response
operations, such as firefighting, search and rescue, and
utility and infrastructure restoration efforts. This guidance
shall outline procedures for operations under both sections
44805 and 44807, of title 49, United States Code, with
priority given to applications for public unmanned aircraft
systems engaged in emergency response activities.
(b) Requirements.--In providing guidance under subsection
(a), the Administrator shall--
(1) make explicit any safety requirements that must be met
for the consideration of applications that include requests
for beyond visual line of sight, nighttime operations, or the
suspension of otherwise applicable operating restrictions,
consistent with public interest and safety; and
(2) explicitly state the procedures for coordinating with
an incident commander, if any, to ensure operations granted
under procedures developed under subsection (a) do not
interfere with manned catastrophe, disaster, or other
emergency response operations or otherwise impact response
efforts.
(c) Review.--In processing applications on an emergency
basis for exemptions or certificates of authorization or
waiver for unmanned aircraft systems operations in response
to a catastrophe, disaster, or other emergency, the
Administrator of the Federal Aviation Administration shall
act on such applications as expeditiously as practicable and
without requiring public notice and comment.
SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) 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 consecutive 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) is amended by
striking ``or (D)'' and inserting ``(D), or (F)''.
SEC. 2141. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT
SYSTEMS FOR COMPENSATION OR HIRE.
(a) In General.--Chapter 448, as amended by section 2136 of
this Act, is further amended by adding after section 44811
the following:
``Sec. 44812. Carriage of property by small unmanned aircraft
systems for compensation or hire
``(a) In General.--Not later than 2 years 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 certificate (to be known as
a `small UAS air carrier certificate') for persons that
undertake directly, 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 operate under a small UAS air carrier
certificate shall--
``(A) consider the unique characteristics of highly
automated, small unmanned aircraft systems; and
``(B) include requirements for the safe operation of small
unmanned aircraft systems that, at a minimum, address--
``(i) airworthiness of small unmanned aircraft systems;
``(ii) qualifications for operators and the type and nature
of the operations; and
``(iii) operating specifications governing the type and
nature of the unmanned aircraft system air carrier
operations.
``(2) Small uas air carrier certification process.--The
Administrator, at the direction of the Secretary, shall
establish a process for the issuance of small UAS air carrier
certificates established pursuant to paragraph (1) that is
performance-based and ensures required safety levels are met.
Such certification process shall consider--
``(A) safety risks and the mitigation of those risks
associated with the operation of highly automated, small
unmanned aircraft around other manned and unmanned aircraft,
and over persons and property on the ground;
``(B) the competencies and compliance programs of
manufacturers, operators, and companies that manufacture,
operate, or both small unmanned aircraft systems and
components; and
[[Page S1949]]
``(C) compliance with the requirements established pursuant
to paragraph (1).
``(3) Small uas air carrier classification.--The Secretary
shall develop a classification system for persons issued
small UAS air carrier certificates pursuant to this
subsection 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 issued
pursuant to this subsection.''.
(b) Table of Contents.--The table of contents for chapter
448, as amended by section 2136 of this Act, is further
amended by adding after the item relating to section 44811
the following:
``44812. Carriage of property by small unmanned aircraft systems for
compensation or hire.''.
SEC. 2142. COLLEGIATE TRAINING INITIATIVE PROGRAM FOR
UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a Collegiate Training
Initiative program relating to unmanned aircraft systems by
making new agreements or continuing existing agreements with
institutions of higher education (as defined by the
Administrator) under which the institutions prepare students
for careers involving unmanned aircraft systems. The
Administrator may establish standards for the entry of such
institutions into the program and for their continued
participation in the program.
(b) Unmanned Aircraft System Defined.--In this section, the
term ``unmanned aircraft system'' has the meaning given that
term by section 44801 of title 49, United States Code, as
added by section 2121 of this Act.
SEC. 2143. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION
OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO
VETERANS EMPLOYMENT PROGRAMS OF THE
ADMINISTRATION.
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation
Administration, in consultation with the Secretary of
Veterans Affairs, the Secretary of Defense, and the Secretary
of Labor, shall determine whether occupations of the
Administration relating to unmanned aircraft systems
technology and regulations can be incorporated into the
Veterans Employment Program of the Administration,
particularly in the interaction between such program and the
New Sights Work Experience Program and the Vet-Link
Cooperative Education Program.
PART III--TRANSITION AND SAVINGS PROVISIONS
SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIRCRAFT SYSTEMS
INTEGRATION.
(a) In General.--There shall be in the Federal Aviation
Administration a Senior Advisor for Unmanned Aircraft Systems
Integration.
(b) Qualifications.--The Senior Advisor for Unmanned
Aircraft Systems Integration shall have a demonstrated
ability in management and knowledge of or experience in
aviation.
(c) Responsibilities.--Unless otherwise determined by the
Administrator of the Federal Aviation Administration--
(1) the Senior Advisor shall report directly to the Deputy
Administrator of the Federal Aviation Administration; and
(2) the responsibilities of the Senior Advisor shall
include the following:
(A) Providing advice to the Administrator and Deputy
Administrator related to the integration of unmanned aircraft
systems into the national airspace system.
(B) Reviewing and evaluating Federal Aviation
Administration policies, activities, and operations related
to unmanned aircraft systems.
(C) Facilitating coordination and collaboration among
components of the Federal Aviation Administration with
respect to activities related to unmanned aircraft systems
integration.
(D) Interacting with Congress, and Federal, State, or local
agencies, and stakeholder organizations whose operations and
interests are affected by the activities of the Federal
Aviation Administration on matters related to unmanned
aircraft systems integration.
SEC. 2152. EFFECT ON OTHER LAWS.
(a) Federal Preemption.--No State or political subdivision
of a State may enact or enforce any law, regulation, or other
provision having the force and effect of law relating to the
design, manufacture, testing, licensing, registration,
certification, operation, or maintenance of an unmanned
aircraft system, including airspace, altitude, flight paths,
equipment or technology requirements, purpose of operations,
and pilot, operator, and observer qualifications, training,
and certification.
(b) Preservation of State and Local Authority.--Nothing in
this subtitle shall be construed to limit a State or local
government's authority to enforce Federal, State, or local
laws relating to nuisance, voyeurism, privacy, data security,
harassment, reckless endangerment, wrongful death, personal
injury, property damage, or other illegal acts arising from
the use of unmanned aircraft systems if such laws are not
specifically related to the use of an unmanned aircraft
system.
(c) No Preemption of Common Law or Statutory Causes of
Action.--Nothing in this subtitle, nor any standard, rule,
requirement, standard of performance, safety determination,
or certification implemented pursuant to this subtitle, shall
be construed to preempt, displace, or supplant any State or
Federal common law rights or any State or Federal statute
creating a remedy for civil relief, including those for civil
damage, or a penalty for a criminal conduct. Notwithstanding
any other provision of this subtitle, nothing in this
subtitle, nor any amendments made by this subtitle, shall
preempt or preclude any cause of action for personal injury,
wrongful death, property damage, or other injury based on
negligence, strict liability, products liability, failure to
warn, or any other legal theory of liability under any State
law, maritime law, or Federal common law or statutory theory.
SEC. 2153. SPECTRUM.
(a) In General.--Small unmanned aircraft systems may
operate wireless control link, tracking, diagnostics, payload
communication, and collaborative-collision avoidance, such as
vehicle-to-vehicle communication, and other uses, if
permitted by and consistent with the Communications Act of
1934 (47 U.S.C. 151 et seq.), Federal Communications
Commission rules, and the safety-of-life determination made
by the Federal Aviation Administration, and with carrier
consent, whether they are operating within the UTM system
under section 2138 of this Act or outside such a system.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, the National Telecommunications and
Information Administration, and the Federal Communications
Commission, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives a report--
(1) on whether small unmanned aircraft systems operations
should be permitted to operate on spectrum designated for
aviation use, on an unlicensed, shared, or exclusive basis,
for operations within the UTM system or outside of such a
system;
(2) that addresses any technological, statutory,
regulatory, and operational barriers to the use of such
spectrum; and
(3) that, if it is determined that spectrum designated for
aviation use is not suitable for operations by small unmanned
aircraft systems, includes recommendations of other spectrum
frequencies that may be appropriate for such operations.
SEC. 2154. APPLICATIONS FOR DESIGNATION.
(a) Applications for Designation.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Transportation shall establish a process to allow applicants
to petition the Administrator of the Federal Aviation
Administration to prohibit or otherwise limit the operation
of an aircraft, including an unmanned aircraft, over, under,
or within a specified distance from a fixed site facility.
(b) Review Process.--
(1) Application procedures.--
(A) In general.--The Administrator shall establish the
procedures for the application for designation under
subsection (a).
(B) Requirements.--The procedures shall--
(i) allow individual fixed site facility applications; and
(ii) allow for a group of similar facilities to apply for a
collective designation.
(C) Considerations.--In establishing the procedures, the
Administrator shall consider how the process will apply to--
(i) critical infrastructure, such as energy production,
transmission, and distribution facilities and equipment;
(ii) oil refineries and chemical facilities;
(iii) amusement parks; and
(iv) other locations that may benefit from such
restrictions.
(2) Determination.--
(A) In general.--The Secretary shall provide for a
determination under the review process established under
subsection (a) not later than 90 days from the date of
application, unless the applicant is provided with written
notice describing the reason for the delay.
(B) Affirmative designations.--An affirmative designation
shall outline--
(i) the boundaries for unmanned aircraft operation near the
fixed site facility; and
(ii) such other limitations that the Administrator
determines may be appropriate.
(C) Considerations.--In making a determination whether to
grant or deny an application for a designation, the
Administrator may consider--
(i) aviation safety;
(ii) personal safety of the uninvolved public;
(iii) national security; or
(iv) homeland security.
(D) Opportunity for resubmission.--If an application is
denied and the applicant can reasonably address the reason
for the denial, the Administrator may allow the applicant to
reapply for designation.
(c) Public Information.--Designations under subsection (a)
shall be published by the Federal Aviation Administration on
a publicly accessible website.
SEC. 2155. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS
OF HIGHER EDUCATION.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the
[[Page S1950]]
Administrator of the Federal Aviation Administration shall
establish procedures and standards, as applicable, to
facilitate the safe operation of unmanned aircraft systems by
institutions of higher education, including faculty,
students, and staff.
(b) Standards.--The procedures and standards required under
subsection (a) shall outline risk-based operational
parameters to ensure the safety of the national airspace
system and the uninvolved public that facilitates the use of
unmanned aircraft systems for educational or research
purposes.
(c) Unmanned Aircraft System Approval.--The procedures
required under subsection (a) shall allow unmanned aircraft
systems operated under this section to be modified for
research purposes without iterative approval from the
Administrator.
(d) Additional Procedures.--The Administrator shall
establish a procedure to provide for streamlined, risk-based
operational approval for unmanned aircraft systems operated
by institutions of higher education, including faculty,
students, and staff, outside of the parameters or purposes
set forth in subsection (b).
(e) Deadlines.--
(1) In general.--If, by the date that is 270 days after the
date of enactment of this Act, the Administrator has not set
forth standards and procedures required under subsections
(a), (b), and (c), an institution of higher education may--
(A) without specific approval from the Federal Aviation
Administration, operate small unmanned aircraft at model
aircraft fields approved by the Academy of Model Aeronautics
and with the permission of the local club of the Academy of
Model Aeronautics; and
(B) submit to the Federal Aviation Administration
applications for approval of the institution's designation of
1 or more outdoor flight fields.
(2) Consequence of failure to approve.--If the
Administrator does not take action with respect to an
application submitted under paragraph (1)(B) within 30 days
of the submission of the application, the failure to do so
shall be treated as approval of the application.
(f) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term by section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code, as added by section 2121 of
this Act.
(3) Educational or research purposes.--The term
``educational or research purposes'', with respect to the
operation of an unmanned aircraft system by an institution of
higher education, includes--
(A) instruction of students at the institution;
(B) academic or research related use of unmanned aircraft
systems by student organizations recognized by the
institution, if such use has been approved by the
institution;
(C) activities undertaken by the institution as part of
research projects, including research projects sponsored by
the Federal Government; and
(D) other academic activities at the institution, including
general research, engineering, and robotics.
SEC. 2156. TRANSITION LANGUAGE.
(a) Regulations.--Notwithstanding the repeals under
sections 2122(b)(2), 2125(b)(2), 2126(b)(2), 2128(b)(2), and
2129(b)(2) of this Act, all orders, determinations, rules,
regulations, permits, grants, and contracts, which have been
issued under any law described under subsection (b) of this
section on or before the effective date of this Act shall
continue in effect until modified or revoked by the Secretary
of Transportation, acting through the Administrator of the
Federal Aviation Administration, as applicable, by a court of
competent jurisdiction, or by operation of law other than
this Act.
(b) Laws Described.--The laws described under this
subsection are as follows:
(1) Section 332(c) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note).
(2) Section 332(d) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note).
(3) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(4) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(5) Section 336 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(c) Effect on Pending Proceedings.--This Act shall not
affect administrative or judicial proceedings pending on the
effective date of this Act.
PART IV--OPERATOR SAFETY
SEC. 2161. SHORT TITLE.
This part may be cited as the ``Drone Operator Safety
Act''.
SEC. 2162. FINDINGS; SENSE OF CONGRESS.
(a) Finding.--Congress finds that educating operators of
unmanned aircraft about the laws and regulations that govern
such aircraft helps to ensure their safe operation.
(b) Sense of Congress.--It is the sense of Congress that
the Administrator of the Federal Aviation Administration
should continue to prioritize the education of operators of
unmanned aircraft through public outreach efforts like the
``Know Before You Fly'' campaign.
SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code,
is amended--
(1) in section 31--
(A) in subsection (a)--
(i) by redesignating paragraph (10) as paragraph (11); and
(ii) by inserting after paragraph (9) the following:
``(10) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given such term in section 44801 of title 49.'';
and
(B) in subsection (b), by inserting `` `airport','' before
`` `appliance' ''; and
(2) by inserting after section 39A the following:
``Sec. 39B. Unsafe operation of unmanned aircraft
``(a) Offense.--Any person who operates an unmanned
aircraft and, in so doing, knowingly or recklessly interferes
with, or disrupts the operation of, an aircraft carrying 1 or
more occupants operating in the special aircraft jurisdiction
of the United States, in a manner that poses an imminent
safety hazard to such occupants, shall be punished as
provided in subsection (b).
``(b) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsection (a) shall be a
fine under this title, imprisonment for not more than 1 year,
or both.
``(2) Serious bodily injury or death.--Any person who
attempts to cause, or knowingly or recklessly causes, serious
bodily injury or death during the commission of an offense
under subsection (a) shall be fined under this title,
imprisoned for any term of years or for life, or both.
``(c) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--The operation of an unmanned aircraft
within a runway exclusion zone shall be considered a
violation of subsection (a) unless such operation is approved
by the airport's air traffic control facility or is the
result of a circumstance, such as a malfunction, that could
not have been reasonably foreseen or prevented by the
operator.
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active runway of an
airport immediately around which the airspace is designated
as class B, class C, or class D airspace at the surface under
part 71 of title 14, Code of Federal Regulations; and
``(B) the length of which extends parallel to the runway's
centerline to points that are 1 statute mile from each end of
the runway and the width of which is \1/2\ statute mile.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of title 18, United States Code, is amended by inserting
after the item relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
Subtitle B--FAA Safety Certification Reform
PART I--GENERAL PROVISIONS
SEC. 2211. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the Safety Oversight and Certification Advisory
Committee established under section 2212.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) 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. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish a
Safety Oversight and Certification Advisory Committee in
accordance with this section.
(b) Duties.--The Advisory Committee shall provide advice to
the Secretary on policy-level issues facing the aviation
community that are related to FAA safety oversight and
certification programs and activities, including 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,
including organization designation authorization.
(5) Regulatory interpretation standardization efforts.
(6) Training programs.
(7) Expediting the rulemaking process and prioritizing
safety-related rules.
(8) Enhancing global competitiveness of U.S. manufactured
and FAA type-certificate aircraft products and services
throughout the world.
(c) Functions.--In carrying out its duties under subsection
(b) related to FAA safety oversight and certification
programs and activities, the Advisory Committee shall--
(1) foster aviation stakeholder collaboration in an open
and transparent manner;
[[Page S1951]]
(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, aerospace, and avionics manufacturing; and
(v) unmanned aircraft systems industry; and
(B) the public;
(3) recommend consensus national goals, strategic
objectives, and priorities for the most efficient,
streamlined, and cost-effective safety oversight and
certification processes in order to maintain the safety of
the aviation system while allowing the FAA to meet future
needs and ensure that aviation stakeholders remain
competitive in the global marketplace;
(4) provide policy recommendations for the FAA's safety
oversight and certification efforts;
(5) periodically review and provide recommendations
regarding the FAA's safety oversight and certification
efforts;
(6) periodically review and evaluate registration,
certification, and related fees;
(7) provide appropriate legislative, regulatory, and
guidance recommendations for the air transportation system
and the aviation safety regulatory environment;
(8) recommend performance objectives for the FAA and
aviation industry;
(9) recommend performance metrics for the FAA and the
aviation industry to be tracked and reviewed as streamlining
certification reform, flight standards reform, and regulation
standardization efforts progress;
(10) provide a venue for tracking progress toward national
goals and sustaining joint commitments;
(11) recommend recruiting, hiring, staffing levels,
training, and continuing education objectives for FAA
aviation safety engineers and aviation safety inspectors;
(12) provide advice and recommendations to the FAA on how
to prioritize safety rulemaking projects;
(13) improve the development of FAA regulations by
providing information, advice, and recommendations related to
aviation issues;
(14) encourage the validation of U.S. manufactured and FAA
type-certificate aircraft products and services throughout
the world; and
(15) any other functions as determined appropriate by the
chairperson of the Advisory Committee and the Administrator.
(d) Membership.--
(1) Voting members.--The Advisory Committee shall be
composed of the following voting members:
(A) The Administrator, or the Administrator's designee.
(B) At least 1 representative, appointed by the Secretary,
of each of the following:
(i) Aircraft and engine manufacturers.
(ii) Avionics and equipment manufacturers.
(iii) Aviation 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 experts.
(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.--A nonvoting member may--
(i) take part in deliberations of the Advisory Committee;
and
(ii) provide input with respect to any report or
recommendation of the Advisory Committee.
(C) Limitation.--A nonvoting member may not represent any
stakeholder interest other than that of an FAA safety
oversight program office.
(3) Terms.--Each voting member and nonvoting member of the
Advisory Committee shall be appointed for a term of 2 years.
(4) Rule of 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) Committee Characteristics.--The Advisory Committee
shall have the following characteristics:
(1) Each voting member under subsection (d)(1)(B) shall be
an executive that has decision authority within the member's
organization and can represent and enter into commitments on
behalf of that organization in a way that serves the entire
group of organizations that member represents under that
subsection.
(2) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(3) A membership size that enables the Advisory Committee
to have substantive discussions and reach consensus on issues
in an expeditious manner.
(4) Appropriate expertise, including expertise in
certification and risk-based safety oversight processes,
operations, policy, technology, labor relations, training,
and finance.
(f) Chairperson.--
(1) In general.--The chairperson of the Advisory Committee
shall be appointed by the Secretary from among the voting
members under subsection (d)(1)(B).
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 2 years as chairperson.
(g) Meetings.--
(1) Frequency.--The Advisory Committee shall convene at
least 2 meetings a year at the call of the chairperson.
(2) Public attendance.--Each meeting of the Advisory
Committee shall be open and accessible to the public.
(h) Special Committees.--
(1) Establishment.--The Advisory Committee may establish 1
or more special committees composed of private sector
representatives, members of the public, labor
representatives, and other relevant parties in complying with
consultation and participation requirements under subsection
(c)(2).
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations to the
Advisory Committee;
(B) provide the FAA additional opportunities to obtain
firsthand information and insight from those persons that are
most affected by existing and proposed regulations; and
(C) assist in expediting the development, revision, or
elimination of rules in accordance with, and without
circumventing, established public rulemaking processes and
procedures.
(3) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a special
committee under this subsection.
(i) Sunset.--The Advisory Committee shall cease to exist on
September 30, 2017.
PART II--AIRCRAFT CERTIFICATION REFORM
SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date the
Advisory Committee is established under section 2212, the
Administrator shall establish performance objectives and
apply and track performance 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 Advisory Committee and
update agency performance objectives and metrics after
considering the proposals recommended by the Advisory
Committee under paragraphs (8) and (9) of section 2212(c).
(c) Performance Objectives.--In establishing performance
objectives under subsection (a), the Administrator shall
ensure progress is made toward, at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both FAA and the aviation
industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authorization;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) increasing transparency;
(7) developing and providing training, including recurrent
training, in auditing and a systems safety approach to
certification oversight;
(8) improving the process for approving or accepting the
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers at staffing levels
to support the FAA's efforts to implement a systems safety
approach; and
(B) qualified systems safety 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--
(1) apply and track performance metrics for the FAA and the
aviation industry; and
(2) transmit to the appropriate committees of Congress an
annual report on tracking the progress toward full
implementation of the recommendations under section 2212.
(e) Data.--
(1) Baselines.--Not later than 1 year after the date the
Advisory Committee recommends initial performance metrics
under section 2212(c)(9), the Administrator shall generate
initial data with respect to each of the performance metrics
applied and tracked under this section.
(2) Benchmarks.--The Administrator shall use the
performance metrics applied and tracked under this section to
generate data on an ongoing basis and to measure progress
toward the consensus national goals, strategic objectives,
and priorities recommended under section 2212(c)(3).
(f) Publication.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make data generated using the performance
metrics applied and tracked under this section available in a
searchable, sortable, and downloadable format through the
Internet Web site of the FAA or other appropriate methods.
(2) Limitations.--The Administrator shall make the data
under paragraph (1) available in a manner that--
[[Page S1952]]
(A) protects from disclosure identifying information
regarding an individual or entity; and
(B) protects from inappropriate disclosure proprietary
information.
SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 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), in
the oversight of an ODA holder, the Administrator of the
Federal Aviation Administration, in accordance with Federal
Aviation Administration standards, 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 specified
functions to be performed by the ODA holder subject to
regulations prescribed by the Administrator;
``(B) delegate fully to the ODA holder each of the
functions 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 oversight activities, including 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 specified 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 the Federal
Aviation Administration Reauthorization Act of 2016, the
Administrator shall--
``(A) at the request of the ODA holder, and in an
expeditious manner, consider revisions to the ODA holder's
procedures manual;
``(B) delegate fully to the ODA holder each of the
functions 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 oversight activities, including by inspecting
the ODA holder's delegated functions and taking action based
on validated inspection findings.
``(b) ODA Office.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall
identify, within the Office of Aviation Safety, a centralized
policy office to be responsible for the organization
designation authorization (referred to in this subsection as
the ODA Office). The Director of the ODA Office shall report
to the Director of the Aircraft Certification Service.
``(2) Purpose.--The purpose of the ODA Office shall be to
provide oversight and ensure consistency of the Federal
Aviation Administration audit functions under the ODA program
across the agency.
``(3) Functions.--The ODA Office shall--
``(A)(i) at the request of an ODA holder, eliminate all
limitations specified in a procedures manual in place on the
date of enactment of the Federal Aviation Administration
Reauthorization Act of 2016 that are low and medium risk as
determined by a risk analysis using criteria established by
the ODA Office and disclosed to the ODA holder, except where
an ODA holder's performance warrants the retention of a
specific limitation due to documented concerns about
inadequate current performance in carrying out that
authorized function;
``(ii) require an ODA holder to establish a corrective
action plan to regain authority for any retained limitations;
``(iii) require an ODA holder to notify the ODA Office when
all corrective actions have been accomplished;
``(iv) make a reassessment to determine if subsequent
performance in carrying out any retained limitation warrants
continued retention and, if such reassessment determines
performance meets objectives, lift such limitation
immediately;
``(B) improve the Administration and the ODA holder
performance and ensure full use of the authorities delegated
under the ODA program;
``(C) develop a more consistent approach to audit
priorities, procedures, and training under the ODA program;
``(D) expeditiously review a random sample of limitations
on delegated authorities under the ODA program to determine
if the limitations are appropriate;
``(E) review and approve new limitations to ODA functions;
and
``(F) 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.
``(c) Definitions.--In this section:
``(1) ODA or organization designation authorization.--The
term `ODA' or `organization designation authorization' means
an authorization under section 44702(d) to perform approved
functions on behalf of the Administrator of the Federal
Aviation Administration under subpart D of part 183 of title
14, Code of Federal Regulations.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized under section 44702(d)--
``(A) to which the Administrator of the Federal Aviation
Administration issues an ODA letter of designation under
subpart D of part 183 of title 14, Code of Federal
Regulations (or any corresponding similar regulation or
ruling); and
``(B) that is responsible for administering 1 or more ODA
units.
``(3) ODA program.--The term `ODA program' means the
program to standardize Federal Aviation Administration
management and oversight of the organizations that are
approved to perform certain functions on behalf of the
Administration under section 44702(d).
``(4) ODA unit.--The term `ODA unit' means a group of 2 or
more individuals under the supervision of an ODA holder who
perform the specified functions under an ODA.
``(5) Organization.--The term `organization' means a firm,
a partnership, a corporation, a company, an association, a
joint-stock association, or a governmental entity.''.
(b) Technical and Conforming Amendments.--The table of
contents of chapter 447 is amended by adding after the item
relating to section 44735 the following:
``44736. Organization designation authorizations.''.
SEC. 2223. ODA REVIEW.
(a) Expert Review Panel.--
(1) Establishment.--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 (referred to
in this section as the ``Panel'').
(2) Composition.--
(A) In general.--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) include representatives of 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 survey ODA holders and ODA
program applicants to document FAA safety oversight and
certification programs and activities, including the FAA's
use of the ODA program and the speed and efficiency of the
certification process. In carrying out this subsection, the
Administrator shall consult with the appropriate survey
experts and the Panel to best design and conduct the survey.
(c) Assessment.--The Panel shall--
(1) conduct an assessment of--
(A) the FAA's processes and procedures under the ODA
program and whether the processes and procedures function as
intended;
(B) the best practices of and lessons learned by ODA
holders and the FAA personnel who provide oversight of ODA
holders;
(C) the performance incentive policies, related to the ODA
program for FAA personnel, that do not conflict with the
public interest;
(D) the training activities related to the ODA program for
FAA personnel and ODA holders; and
(E) 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
(2) make recommendations for improving FAA safety oversight
and certification programs and activities based on the
results of the survey under subsection (b) and each element
of the assessment under paragraph (1) of this subsection.
(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 Advisory Committee
established under section 2212, and the appropriate
committees of Congress a report on results of the survey
under subsection (b) and the assessment and recommendations
under subsection (c).
(e) Definitions.--The terms used in this section have the
meanings given the terms in section 44736 of title 49, United
States Code.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Panel.
(g) Sunset.--The Panel shall terminate on the date the
report is submitted under subsection (d).
SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) 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 Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall
establish an effective, expeditious, and milestone-based
issue resolution process for type
[[Page S1953]]
certification activities under this subsection.
``(B) Process requirements.--The resolution process shall
provide for--
``(i) the resolution of technical issues at preestablished
stages of the certification process, as agreed to by the
Administrator and the type certificate applicant;
``(ii) the automatic escalation 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) the resolution of a major certification process
milestone escalated under clause (ii) within a specific
period of time agreed to by the Administrator and the type
certificate applicant.
``(C) Definition of major certification process
milestone.--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 and Conforming Amendments.--Section 44704 is
amended in the heading by striking ``airworthiness
certificates,,'' and inserting ``airworthiness
certificates,''.
SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL GENERAL
AVIATION AIRPLANES.
(a) Policy.--In a manner consistent with the Small Airplane
Revitalization Act of 2013 (49 U.S.C. 44704 note), not later
than 180 days after the date of enactment of this Act, the
Administrator shall establish and begin implementing a risk-
based policy that streamlines the installation of safety
enhancing technologies for small general aviation airplanes
in a manner that reduces regulatory delays and significantly
improves safety.
(b) Inclusions.--The safety enhancing technologies for
small general aviation airplanes described in subsection (a)
shall include, at a minimum, the replacement or retrofit of
primary flight displays, auto pilots, engine monitors, and
navigation equipment.
(c) Collaboration.--In carrying out this section, the
Administrator shall collaborate with general aviation
operators, general aviation manufacturers, and appropriate
FAA labor organizations, including representatives of FAA
aviation safety inspectors and aviation safety engineers,
certified under section 7111 of title 5, United States Code.
(d) Definition of Small General Aviation Airplane.--In this
section, the term ``small general aviation airplane'' means
an airplane that--
(1) is certified to the standards of part 23 of title 14,
Code of Federal Regulations;
(2) has a seating capacity of not more than 9 passengers;
and
(3) is not used in scheduled passenger-carrying operations
under part 121 of title 14, Code of Federal Regulations.
SEC. 2226. STREAMLINING CERTIFICATION OF SMALL GENERAL
AVIATION AIRPLANES.
(a) Final Rulemaking.--Not later than December 31, 2016,
the Administrator shall issue a final rulemaking to comply
with section 3 of the Small Airplane Revitalization Act of
2013 (49 U.S.C. 44704 note).
(b) Government Review.--The Federal Government's review
process shall be streamlined to meet the deadline in
subsection (a).
PART III--FLIGHT STANDARDS REFORM
SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date the
Advisory Committee is established under section 2212, the
Administrator shall establish performance objectives and
apply and track performance 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 Advisory Committee and
update agency performance objectives and metrics after
considering the recommendations of the Advisory Committee
under paragraphs (8) and (9) of section 2212(c).
(c) Performance Objectives.--In carrying out subsection
(a), the Administrator shall ensure that progress is made
toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both FAA and the aviation
industry;
(3) fully implementing risk management principles and a
systems safety approach;
(4) reducing duplication of effort;
(5) promoting appropriate compliance activities and
eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(6) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(7) developing and allowing the use of a single master
source for guidance;
(8) providing and using a streamlined appeal process for
the resolution of regulatory interpretation questions;
(9) maintaining and improving safety; and
(10) increasing transparency.
(d) Performance Metrics.--In carrying out subsection (a),
the Administrator shall--
(1) apply and track performance metrics for the FAA and the
aviation industry; and
(2) transmit to the appropriate committees of Congress an
annual report tracking the progress toward full
implementation of the performance metrics under section 2212.
(e) Data.--
(1) Baselines.--Not later than 1 year after the date the
Advisory Committee recommends initial performance metrics
under section 2212(c)(9), the Administrator shall generate
initial data with respect to each of the performance metrics
applied and tracked that are approved based on the
recommendations required under this section.
(2) Benchmarks.--The Administrator shall use the
performance metrics applied and tracked under this section to
generate data on an ongoing basis and to measure progress
toward the consensus national goals, strategic objectives,
and priorities recommended under section 2212(c)(3).
(f) Publication.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make data generated using the performance
metrics applied and tracked under this section available in a
searchable, sortable, and downloadable format through the
Internet Web site of the FAA or other appropriate methods.
(2) Limitations.--The Administrator shall make the data
under paragraph (1) available in a manner that--
(A) protects from disclosure identifying information
regarding an individual or entity; and
(B) protects from inappropriate disclosure proprietary
information.
SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall establish
the FAA Task Force on Flight Standards Reform (referred to in
this section 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 those representing FAA aviation safety
engineers; and
(H) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at
a minimum, identifying cost-effective best practices and
providing recommendations with respect to--
(1) simplifying and streamlining flight standards
regulatory processes;
(2) reorganizing the Flight Standards Service 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
Administrator, Advisory Committee established under section
2212, and appropriate committees of Congress 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) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Task
Force.
(f) Sunset.--The Task Force shall cease to exist on the
date that the Task Force submits the report required under
subsection (d).
SEC. 2233. 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 for all of
the regulatory guidance issued by the FAA Office of Aviation
Safety regarding compliance with 1 or more aviation safety-
related provisions of the Code of Federal Regulations.
(b) Requirements.--The database under subsection (a)
shall--
(1) for each guidance, include a link to the specific
provision of the Code of Federal Regulations;
(2) subject to paragraph (3), be accessible to the public;
and
(3) be provided in a manner that--
(A) protects from disclosure identifying information
regarding an individual or entity; and
[[Page S1954]]
(B) protects from inappropriate disclosure proprietary
information.
(c) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date the database is established, the Administrator shall
have completed entering into the database any applicable
regulatory guidance that are in effect and were issued before
that date.
(2) New regulatory guidance and updates.--Beginning on the
date the database is established, the Administrator shall
ensure that any applicable regulatory guidance that are
issued on or after that date are entered into the database as
they are issued.
(d) 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,
FAA aviation safety engineers, and FAA aviation safety
inspectors) and aviation industry stakeholders.
(e) Definition of Regulatory Guidance.--In this section,
the term ``regulatory guidance'' 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, such as an order, manual,
circular, policy statement, legal interpretation memorandum,
and rulemaking documents.
SEC. 2234. 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
(referred to in this section 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 labor organizations representing FAA
aviation safety engineers) and aviation 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) Recommend, at a minimum, processes by which--
(A) FAA personnel and persons regulated by the FAA may
submit regulatory interpretation questions without fear of
retaliation;
(B) FAA personnel may submit written questions as to
whether a previous approval or regulatory interpretation
issued by FAA personnel in another office or region is
correct or incorrect; and
(C) any other person may submit anonymous regulatory
interpretation questions.
(2) Meet on a regular basis to discuss and resolve
questions submitted under paragraph (1) and the appropriate
application of regulations and policy with respect to each
question.
(3) Provide to a person that submitted a question under
subparagraph (A) or subparagraph (B) of paragraph (1) an
expeditious written response to the question.
(4) Recommend a process to make the resolution of common
regulatory interpretation questions publicly available to FAA
personnel and the public in a manner that--
(A) does not reveal any identifying data of the person that
submitted a question; and
(B) protects any proprietary information.
(5) Ensure that responses to questions under this
subsection are incorporated into regulatory guidance (as
defined in section 2233(e)).
(e) Performance Metrics, Timelines, and Goals.--Not later
than 180 days after the date that the Advisory Committee
recommends performance objectives and performance metrics for
the FAA and the aviation industry under paragraphs (8) and
(9) of section 2212(c), 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 under subsection (d)(1);
and
(2) implement a process for tracking the progress of the
Board in meeting the performance metrics, timelines, and
goals under paragraph (1).
SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT FEASIBILITY
REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation
with relevant industry stakeholders, shall--
(1) determine the feasibility of realigning flight
standards service regional field offices to specialized areas
of aviation safety oversight and technical expertise; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1).
(b) Considerations.--In making a determination under
subsection (a), the Administrator shall consider a flight
standards service regional field office providing support in
the area of its technical expertise to flight standards
district offices and certificate management offices.
SEC. 2236. ADDITIONAL CERTIFICATION RESOURCES.
(a) In General.--Notwithstanding any other provision of
law, and subject to the requirements of subsection (b), the
Administrator may enter into a reimbursable agreement with an
applicant or certificate holder for the reasonable travel and
per diem expenses of the FAA associated with official travel
to expedite the acceptance or validation by a foreign
authority of an FAA certificate or design approval.
(b) Conditions.--The Administrator may enter into an
agreement under subsection (a) only if--
(1) the travel covered under the agreement is determined to
be necessary, by both the Administrator and the applicant or
certificate holder, to expedite the acceptance or validation
of the relevant certificate or approval;
(2) the travel is conducted at the request of the applicant
or certificate holder;
(3) the travel plans and expenses are approved by the
applicant or certificate holder prior to travel; and
(4) the agreement requires payment in advance of FAA
services and is consistent with the processes under section
106(l)(6) of title 49, United States Code.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on--
(1) the number of occasions on which the Administrator
entered into reimbursable agreements under this section;
(2) the number of occasions on which the Administrator
declined a request by an applicant or certificate holder to
enter into a reimbursable agreement under this section;
(3) the amount of reimbursements collected in accordance
with agreements under this section; and
(4) the extent to which reimbursable agreements under this
section assisted in reducing the amount of time necessary for
foreign authorities' validations of FAA certificates and
design approvals.
(d) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a person that
has applied to a foreign authority for the acceptance or
validation of an FAA certificate or design approval.
(2) Certificate holder.--The term ``certificate holder''
means a person that holds a certificate issued by the
Administrator under part 21 of title 14, Code of Federal
Regulations.
PART IV--SAFETY WORKFORCE
SEC. 2241. 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 review and revise its safety
workforce training strategy to ensure that it--
(1) aligns with an effective risk-based approach to safety
oversight;
(2) best utilizes available resources;
(3) allows FAA employees participating in organization
management teams or conducting ODA program audits to
complete, expeditiously, appropriate training, including
recurrent training, in auditing and a systems safety approach
to oversight;
(4) seeks knowledge-sharing opportunities between the FAA
and the aviation industry in new technologies, best
practices, and other areas of interest related to safety
oversight;
(5) fosters an inspector and engineer workforce that has
the skills and training necessary to improve risk-based
approaches that focus on requirements management and auditing
skills; and
(6) includes, as appropriate, milestones and metrics for
meeting the requirements of paragraphs (1) through (5).
(b) Report.--Not later that 270 days after the date the
strategy is established under subsection (a), the
Administrator shall submit to the appropriate committees of
Congress a report on the implementation of the strategy and
progress in meeting any milestones or metrics included in the
strategy.
(c) Definitions.--In this section:
(1) ODA holder.--The term ``ODA holder'' has the meaning
given the term in section 44736 of title 49, United States
Code.
(2) ODA program.--The term ``ODA program'' has the meaning
given the term in section 44736(c)(3) of title 49, United
States Code, as added by this Act.
(3) Organization management team.--The term ``organization
management team'' means a group of FAA employees consisting
of FAA aviation safety engineers, flight test pilots, and
aviation safety inspectors overseeing an ODA holder and its
specified function delegated under section 44702 of title 49,
United States Code.
SEC. 2242. WORKFORCE STUDY.
(a) Workforce Study.--Not later than 90 days after the date
of enactment of this Act, the Comptroller General of the
United States shall conduct a study to assess the workforce
and training needs of the Office of Aviation Safety of the
Federal Aviation Administration and take into consideration
how those needs could be met.
(b) Contents.--The study under subsection (a) shall
include--
(1) a review of the current staffing levels and
requirements for hiring and training, including recurrent
training, of aviation safety inspectors and aviation safety
engineers;
(2) an analysis of the skills and qualifications required
of aviation safety inspectors and aviation safety engineers
for successful
[[Page S1955]]
performance in the current and future projected aviation
safety regulatory environment, including an analysis of the
need for a systems engineering discipline within the Federal
Aviation Administration to guide the engineering of complex
systems, with an emphasis on auditing an ODA holder (as
defined in section 44736(c) of title 49, United States Code);
(3) a review of current performance incentive policies of
the Federal Aviation Administration, as applied to the Office
of Aviation Safety, including awards for performance;
(4) an analysis of ways the Federal Aviation Administration
can work with the aviation industry and FAA labor force to
establish knowledge-sharing opportunities between the Federal
Aviation Administration and the aviation industry in new
technologies, best practices, and other areas that could
improve the aviation safety regulatory system; and
(5) recommendations on the best and most cost-effective
approaches to address the needs of the current and future
projected aviation safety regulatory system, including
qualifications, training programs, and performance incentives
for relevant agency personnel.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study required under subsection (a).
PART V--INTERNATIONAL AVIATION
SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
PRODUCTS, AND SERVICES ABROAD.
Section 40104 is amended by adding at the end the
following:
``(d) Promotion of United States Aerospace Standards,
Products, and Services Abroad.--The Secretary shall take
appropriate actions--
``(1) to promote United States aerospace-related safety
standards abroad;
``(2) to facilitate and vigorously defend approvals of
United States aerospace products and services abroad;
``(3) with respect to bilateral partners, to use bilateral
safety agreements and other mechanisms to improve validation
of United States type certificated aeronautical products and
services and enhance mutual acceptance in order to eliminate
redundancies and unnecessary costs; and
``(4) with respect to the aeronautical safety authorities
of a foreign country, to streamline that country's validation
of United States aerospace standards, products, and
services.''.
SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.
Section 44701(e) is amended by adding at the end the
following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--The Administrator shall accept an
airworthiness directive (as defined in section 39.3 of title
14, Code of Federal Regulations) issued by an aeronautical
safety authority of a foreign country, and leverage that
aeronautical safety 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 the
aeronautical safety authority has an aircraft certification
system relating to safety that produces a level of safety
equivalent to the level produced by the system of the Federal
Aviation Administration; and
``(iv) the aeronautical safety authority utilizes an open
and transparent public notice and comment process in the
issuance of airworthiness directives.
``(B) Alternative approval process.--Notwithstanding
subparagraph (A), the Administrator may issue a Federal
Aviation Administration airworthiness directive instead of
accepting the airworthiness directive issued by the
aeronautical safety authority of a foreign country 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 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 under
that subparagraph, the Administrator may approve an
alternative means of compliance with respect to the
airworthiness directive.''.
SEC. 2253. 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 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 who 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 shall submit to the
appropriate committees of Congress a report that--
(1) describes the Administrator'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 policy initiatives, regulatory initiatives,
or cost-effective 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. 2254. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 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.''.
Subtitle C--Airline Passenger Safety and Protections
SEC. 2301. PILOT RECORDS DATABASE DEADLINE.
Section 44703(i)(2) is amended by striking ``The
Administrator shall establish'' and inserting ``Not later
than April 30, 2017, the Administrator shall establish and
make available for use''.
SEC. 2302. ACCESS TO AIR CARRIER FLIGHT DECKS.
The Administrator of the Federal Aviation Administration
shall collaborate with other aviation authorities to advance
a global standard for access to air carrier flight decks and
redundancy requirements consistent with the flight deck
access and redundancy requirements in the United States.
SEC. 2303. AIRCRAFT TRACKING AND FLIGHT DATA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall assess current performance
standards, and as appropriate, conduct a rulemaking to revise
the standards to improve near-term and long-term aircraft
tracking and flight data recovery, including retrieval,
access, and protection of such data after an incident or
accident.
(b) Considerations.--In revising the performance standards
under subsection (a), the Administrator may consider--
(1) various methods for improving detection and retrieval
of flight data, including--
(A) low frequency underwater locating devices; and
(B) extended battery life for underwater locating devices;
(2) automatic deployable flight recorders;
(3) triggered transmission of flight data, and other
satellite-based solutions;
(4) distress-mode tracking; and
(5) protections against disabling flight recorder systems.
[[Page S1956]]
(c) Coordination.--If the performance standards under
subsection (a) are revised, the Administrator shall
coordinate with international regulatory authorities and the
International Civil Aviation Organization to ensure that any
new international standard for aircraft tracking and flight
data recovery is consistent with a performance-based approach
and is implemented in a globally harmonized manner.
SEC. 2304. AUTOMATION RELIANCE IMPROVEMENTS.
(a) Modernization of Training.--Not later than October 1,
2017, the Administrator of the Federal Aviation
Administration shall review, and update as necessary, recent
guidance regarding pilot flight deck monitoring that an air
carrier can use to train and evaluate its pilots to ensure
that air carrier pilots are trained to use and monitor
automation systems while also maintaining proficiency in
manual flight operations consistent with the final rule
entitled, ``Qualification, Service, and Use of Crewmembers
and Aircraft Dispatchers'', published on November 12, 2013
(78 Fed. Reg. 67799).
(b) Considerations.--In reviewing and updating the
guidance, the Administrator shall--
(1) consider casualty driven scenarios during initial and
recurrent simulator instruction that focus on automation
complacency during system failure, including flight segments
when automation is typically engaged and should result in
hand flying the aircraft into a safe position while employing
crew resource management principles;
(2) consider the development of metrics or measurable tasks
an air carrier may use to evaluate the ability of pilots to
appropriately monitor flight deck systems;
(3) consider the development of metrics an air carrier may
use to evaluate manual flying skills and improve related
training;
(4) convene an expert panel, including members with
expertise in human factors, training, and flight operations--
(A) to evaluate and develop methods for training flight
crews to understand the functionality of automated systems
for flight path management;
(B) to identify and recommend to the Administrator the most
effective training methods that ensure that pilots can apply
manual flying skills in the event of flight deck automation
failure or an unexpected event; and
(C) to identify and recommend to the Administrator revision
in the training guidance for flight crews to address the
needs identified in subparagraphs (A) and (B); and
(5) develop any additional standards to be used for
guidance the Administrator considers necessary to determine
whether air carrier pilots receive sufficient training
opportunities to develop, maintain, and demonstrate manual
flying skills.
(c) DOT IG Review.--Not later than 2 years after the date
the Administrator reviews the guidance under subsection (a),
the Inspector General of the Department of Transportation
shall review the air carriers implementation of the guidance
and the ongoing work of the expert panel.
SEC. 2305. ENHANCED MENTAL HEALTH SCREENING FOR PILOTS.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall consider the recommendations of the Pilot Fitness
Aviation Rulemaking Committee in determining whether to
implement, as part of a comprehensive medical certification
process for pilots with a first- or second-class airman
medical certificate, additional screening for mental health
conditions, including depression and suicidal thoughts or
tendencies, and assess treatments that would address any risk
associated with such conditions.
SEC. 2306. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST
REQUIREMENTS.
(a) Modification of Final Rule.--Not later than 1 year
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall revise the flight
attendant duty period limitations and rest requirements under
section 121.467 of title 14, Code of Federal Regulations.
(b) Contents.--Except as provided in subsection (c), in
revising the rule under subsection (a), the Administrator
shall ensure that 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.
(c) Exception.--The rest period required under subsection
(b) may be scheduled or reduced to 9 consecutive hours if the
flight attendant is provided a subsequent rest period of at
least 11 consecutive hours.
(d) 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 13, Code of
Federal Regulations (referred to in this subsection as a
``part 121 air carrier''), shall submit a fatigue risk
management plan for the carrier's flight attendants to the
Administrator for review and acceptance.
(2) Contents of plan.--Each fatigue risk management plan
submitted under paragraph (1) shall include--
(A) current flight time and duty period limitations;
(B) a rest scheme that is consistent with such limitations
and 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; and
(C) the development and use of 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--
(A) review each fatigue risk management plan submitted
under this subsection; and
(B)(i) accept the plan; or
(ii) reject the plan and provide the part 121 air carrier
with suggested modifications to be included when the plan is
resubmitted.
(4) Plan updates.--
(A) In general.--Not less frequently than once every 2
years, each part 121 air carrier shall--
(i) update the fatigue risk management plan submitted under
paragraph (1); and
(ii) submit the updated plan to the Administrator for
review and acceptance.
(B) Review.--Not later than 1 year after the date on which
an updated plan is submitted under subparagraph (A)(ii), the
Administrator shall--
(i) review the updated plan; and
(ii)(I) accept the updated plan; or
(II) reject the updated plan and provide the part 121 air
carrier with suggested modifications to be included when the
updated plan is resubmitted.
(5) Compliance.--Each part 121 air carrier shall comply
with its fatigue risk management plan after the plan 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 the purpose
of applying civil penalties under chapter 463 of such title.
SEC. 2307. TRAINING TO COMBAT HUMAN TRAFFICKING FOR CERTAIN
AIR CARRIER EMPLOYEES.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41725. Training to combat human trafficking
``(a) In General.--Each air carrier providing passenger air
transportation shall provide flight attendants who are
employees or contractors of the air carrier with training to
combat human trafficking in the course of carrying out their
duties as employees or contractors of the air carrier.
``(b) Elements of Training.--The training an air carrier is
required to provide under subsection (a) to flight attendants
shall include training with respect to--
``(1) common indicators of human trafficking; and
``(2) best practices for reporting suspected human
trafficking to law enforcement officers.
``(c) Materials.--An air carrier may provide the training
required by subsection (a) using modules and materials
developed by the Department of Transportation and the
Department of Homeland Security, including the training
module and associated materials of the Blue Lightning
Initiative and modules and materials subsequently developed
and recommended by such Departments with respect to combating
human trafficking.
``(d) Interagency Coordination.--The Administrator of the
Federal Aviation Administration shall coordinate with the
Secretary of Homeland Security to ensure that appropriate
training modules and materials are available for air carriers
to conduct the training required by subsection (a).
``(e) Human Trafficking Defined.--In this section, the term
`human trafficking' means 1 or more severe forms of
trafficking in persons (as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)).''.
(b) Conforming Amendment.--The table of contents for
chapter 417 is amended by inserting after the item relating
to section 41724 the following:
``41725. Training to combat human trafficking.''.
(c) Report Required.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report that includes--
(1) an assessment of the status of compliance of air
carriers with section 41725 of title 49, United States Code,
as added by subsection (a); and
(2) in collaboration with the Attorney General and the
Secretary of Homeland Security, recommendations for improving
the identification and reporting of human trafficking by air
carrier personnel while protecting the civil liberties of
passengers.
(d) Immunity for Reporting Human Trafficking.--Section
44941(a) is amended by striking ``or terrorism, as defined by
section 3077 of title 18, United States Code,'' and inserting
``human trafficking (as defined by section 41725), or
terrorism (as defined by section 3077 of title 18)''.
SEC. 2308. 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 appropriate
committees of Congress a report on the National Test
Equipment Program (referred to in this section as the
``Program'').
[[Page S1957]]
(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; and
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment to be developed
and all known and foreseeable manufacturer technological
advances.
SEC. 2309. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARNINGS OF
POTENTIAL RUNWAY INCURSIONS.
(a) In General.--Not later than June 30, 2016, the
Administrator of the Federal Aviation Administration shall--
(1) assess available technologies to determine whether it
is feasible, cost-effective, and appropriate to install and
deploy, at any airport, systems to provide a direct warning
capability to flight crews and air traffic controllers of
potential runway incursions; and
(2) submit to the appropriate committees of Congress a
report on the assessment under paragraph (1), including any
recommendations.
(b) Considerations.--In conducting the assessment under
subsection (a), the Administration shall consider National
Transportation Safety Board findings and relevant aviation
stakeholder views relating to runway incursions.
SEC. 2310. LASER POINTER INCIDENTS.
(a) In General.--Beginning 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the Director of
the Federal Bureau of Investigation, shall provide quarterly
updates to the appropriate committees of Congress regarding--
(1) the number of incidents involving the beam from a laser
pointer (as defined in section 39A of title 18, United States
Code) being aimed at, or in the flight path of, an aircraft
in the airspace jurisdiction of the United States;
(2) the number of civil or criminal enforcement actions
taken by the Federal Aviation Administration, Department of
Transportation, or Department of Justice with regard to the
incidents described in paragraph (1), including the amount of
the civil or criminal penalties imposed on violators;
(3) the resolution of any incidents that did not result in
a civil or criminal enforcement action; and
(4) any actions the Department of Transportation or
Department of Justice has taken on its own, or in conjunction
with other Federal agencies or local law enforcement
agencies, to deter the type of activity described in
paragraph (1).
(b) Civil Penalties.--The Administrator shall revise the
maximum civil penalty that may be imposed on an individual
who aims the beam of a laser pointer at an aircraft in the
airspace jurisdiction of the United States, or at the flight
path of such an aircraft, to be $25,000.
SEC. 2311. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND
REPORTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in collaboration with helicopter air
ambulance industry stakeholders, shall assess the
availability of information to the general public related to
the location of heliports and helipads used by helicopters
providing air ambulance services, including helipads and
helipads outside of those listed as part of any existing
databases of Airport Master Record (5010) forms.
(b) Requirements.--Based on the assessment under subsection
(a), the Administrator shall--
(1) update, as necessary, any existing guidance on what
information is included in the current databases of Airport
Master Record (5010) forms to include information related to
heliports and helipads used by helicopters providing air
ambulance services; or
(2) develop, as appropriate and in collaboration with
helicopter air ambulance industry stakeholders, a new
database of heliports and helipads used by helicopters
providing air ambulance services.
(c) Reports.--
(1) Assessment.--Not later than 30 days after the date the
assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress a report on the assessment, including any
recommendations on how to make information related to the
location of heliports and helipads used by helicopters
providing air ambulance services available to the general
public.
(2) Implementation.--Not later than 30 days after
completing action under paragraph (1) or paragraph (2) of
subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report on the
implementation of that action.
(d) Incident and Accident Data.--Section 44731 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``not later than 1 year after the date of enactment of this
section, and annually thereafter'' and inserting
``annually'';
(B) in paragraph (2), by striking ``flights and hours
flown, by registration number, during which helicopters
operated by the certificate holder were providing helicopter
air ambulance services'' and inserting ``hours flown by the
helicopters operated by the certificate holder'';
(C) in paragraph (3)--
(i) by striking ``of flight'' and inserting ``of patients
transported and the number of patient transport'';
(ii) by inserting ``or'' after ``interfacility
transport,''; and
(iii) by striking ``, or ferry or repositioning flight'';
(D) in paragraph (5)--
(i) by striking ``flights and''; and
(ii) by striking ``while providing air ambulance
services''; and
(E) by amending paragraph (6) to read as follows:
``(6) The number of hours flown at night by helicopters
operated by the certificate holder.'';
(2) in subsection (d)--
(A) by striking ``Not later than 2 years after the date of
enactment of this section, and annually thereafter, the
Administrator shall submit'' and inserting ``The
Administrator shall submit annually''; and
(B) by adding at the end the following: ``The report shall
include the number of accidents experienced by helicopter air
ambulance operations, the number of fatal accidents
experienced by helicopter air ambulance operations, and the
rate, per 100,000 flight hours, of accidents and fatal
accidents experienced by operators providing helicopter air
ambulance services.'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Implementation.--In carrying out this section, the
Administrator, in collaboration with part 135 certificate
holders providing helicopter air ambulance services, shall--
``(1) propose and develop a method to collect and store the
data submitted under subsection (a), including a method to
protect the confidentiality of any trade secret or
proprietary information submitted; and
``(2) ensure that the database under subsection (c) and the
report under subsection (d) include data and analysis that
will best inform efforts to improve the safety of helicopter
air ambulance operations.''.
SEC. 2312. PART 135 ACCIDENT AND INCIDENT DATA.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall--
(1) determine, in collaboration with the National
Transportation Safety Board and Part 135 industry
stakeholders, what, if any, additional data should be
reported as part of an accident or incident notice to more
accurately measure the safety of on-demand Part 135 aircraft
activity, to pinpoint safety problems, and to form the basis
for critical research and analysis of general aviation
issues; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including a
description of the additional data to be collected, a
timeframe for implementing the additional data collection,
and any potential obstacles to implementation.
SEC. 2313. DEFINITION OF HUMAN FACTORS.
Section 40102(a), as amended by section 2140 of this Act,
is further amended--
(1) by redesignating paragraphs (24) through (47) as
paragraphs (25) through (48), respectively; and
(2) by inserting after paragraph (23) the following:
``(24) `human factors' means a multidisciplinary field that
generates and compiles information about human capabilities
and limitations and applies it to design, development, and
evaluation of equipment, systems, facilities, procedures,
jobs, environments, staffing, organizations, and personnel
management for safe, efficient, and effective human
performance, including people's use of technology.''.
SEC. 2314. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.
It is the sense of Congress that the pilot in command of an
aircraft is directly responsible for, and is the final
authority as to, the operation of that aircraft, as set forth
in section 91.3(a) of title 14, Code of Federal Regulations
(or any successor regulation thereto).
SEC. 2315. ENHANCING ASIAS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in consultation with relevant
aviation industry stakeholders, shall assess what, if any,
improvements are needed to develop the predictive capability
of the Aviation Safety Information Analysis and Sharing
program (referred to in this section as ``ASIAS'') with
regard to identifying precursors to accidents.
(b) Contents.--In conducting the assessment under
subsection (a), the Administrator shall--
(1) determine what actions are necessary--
(A) to improve data quality and standardization; and
(B) to increase the data received from additional segments
of the aviation industry, such as small airplane, helicopter,
and business jet operations;
(2) consider how to prioritize the actions described in
paragraph (1); and
(3) review available methods for disseminating safety trend
data from ASIAS to the aviation safety community, including
the inspector workforce, to inform in their risk-based
decision making efforts.
(c) Report.--Not later than 60 days after the date the
assessment under subsection (a) is complete, the
Administrator shall submit
[[Page S1958]]
to the appropriate committees of Congress a report on the
assessment, including recommendations regarding paragraphs
(1) through (3) of subsection (b).
SEC. 2316. IMPROVING RUNWAY SAFETY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall expedite the development of metrics--
(1) to allow the Federal Aviation Administration to
determine whether runway incursions are increasing; and
(2) to assess the effectiveness of implemented runway
safety initiatives.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
in developing the metrics described in subsection (a).
SEC. 2317. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND
BATTERIES.
(a) Restrictions on Transportation of Lithium Batteries on
Aircraft.--
(1) Adoption of icao instructions.--
(A) In general.--Pursuant to section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note),
not later than 90 days after the date of enactment of this
Act, the Secretary of the Department of Transportation shall
conform United States regulations on the air transport of
lithium cells and batteries with the lithium cells and
battery requirements in the 2015-2016 edition of the
International Civil Aviation Organization's (referred to in
this subsection as ``ICAO'') Technical Instructions (to
include all addenda) including the revised standards adopted
by ICAO which became effective on April 1, 2016.
(B) Further proceedings.--Beginning on the date the revised
regulations under subparagraph (A) are published in the
Federal Register, any lithium cell and battery rulemaking
action or update commenced on or after that date shall
continue to comply with the requirements under section 828 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(2) Review of other regulations.--Pursuant to section 828
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44701 note), the Secretary of Transportation may initiate a
review of other existing regulations regarding the air
transportation, including passenger-carrying and cargo
aircraft, of lithium batteries and cells.
(3) Medical device batteries.--
(A) In general.--For United States applicants, the
Secretary of Transportation shall consider and either grant
or deny, within 45 days, applications submitted in compliance
with part 107 of title 49, Code of Federal Regulations for
special permits or approvals for air transportation of
lithium ion cells or batteries specifically used by medical
devices. Not later than 30 days after the date of
application, the Pipeline and Hazardous Materials Safety
Administration shall provide a draft special permit based on
the application to the Federal Aviation Administration. The
Federal Aviation Administration shall conduct an on-site
inspection for issuance of the special permit not later than
10 days after the date of receipt of the draft special permit
from the Pipeline and Hazardous Materials Safety
Administration.
(B) Definition of medical device.--In this paragraph, the
term ``medical device'' has the meaning given the term
``device'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(4) Savings clause.--Nothing in this section shall be
construed as expanding or constricting any other authority
the Secretary of Transportation has under section 828 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(b) Lithium Battery Safety Working Group.--Not later than
90 days after the date of enactment of this Act, the
President shall establish a lithium battery safety working
group to promote and coordinate efforts related to the
promotion of the safe manufacture, use, and transportation of
lithium batteries and cells.
(1) Composition.--
(A) In general.--The working group shall be composed of at
least 1 representative from each of the following:
(i) Consumer Product Safety Commission.
(ii) Department of Transportation.
(iii) National Institute on Standards and Technology.
(iv) Food and Drug Administration.
(B) Additional members.--The working group may include not
more than 4 additional members with expertise in the safe
manufacture, use, or transportation of lithium batteries and
cells.
(C) Subcommittees.--The President, or members of the
working group, may--
(i) establish working group subcommittees to focus on
specific issues related to the safe manufacture, use, or
transportation of lithium batteries and cells; and
(ii) include in a subcommittee the participation of
nonmember stakeholders with expertise in areas that the
President or members consider necessary.
(2) Report.--Not later than 1 year after the date it is
established under subsection (b), the working group shall--
(A) research--
(i) additional ways to decrease the risk of fires and
explosions from lithium batteries and cells;
(ii) additional ways to ensure uniform transportation
requirements for both bulk and individual batteries; and
(iii) new or existing technologies that could reduce the
fire and explosion risk of lithium batteries and cells; and
(B) transmit to the appropriate committees of Congress a
report on the research under subparagraph (A), including any
legislative recommendations to effectuate the safety
improvements described in clauses (i) through (iii) of that
subparagraph.
(3) Exemption from faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working group.
(4) Termination.--The working group, and any working group
subcommittees, shall terminate 90 days after the date the
report is transmitted under paragraph (2).
SEC. 2318. PROHIBITION ON IMPLEMENTATION OF POLICY CHANGE TO
PERMIT SMALL, NON-LOCKING KNIVES ON AIRCRAFT.
(a) In General.--Notwithstanding any other provision of
law, on and after the date of enactment of this Act, the
Secretary of Homeland Security may not implement any change
to the prohibited items list of the Transportation Security
Administration that would permit passengers to carry small,
non-locking knives through passenger screening checkpoints at
airports, into sterile areas at airports, or on board
passenger aircraft.
(b) Prohibited Items List Defined.--In this section, the
term ``prohibited items list'' means the list of items
passengers are prohibited from carrying as accessible
property or on their persons through passenger screening
checkpoints at airports, into sterile areas at airports, and
on board passenger aircraft pursuant to section 1540.111 of
title 49, Code of Federal Regulations.
SEC. 2319. AIRCRAFT CABIN EVACUATION PROCEDURES.
(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;
(C) any relevant changes to passenger demographics and
legal requirements, including the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), that affect emergency
evacuations; and
(D) any relevant changes to passenger seating
configurations, including changes to seat width, padding,
reclining, size, pitch, leg room, and aisle width; and
(2) recent accidents and incidents in which passengers
evacuated such aircraft.
(b) Consultation; Review of Data.--In conducting the review
under subsection (a), 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 crew members, 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 appropriate committees of Congress a report on the
results of the review under subsection (a) and related
recommendations, if any, including recommendations for
revisions to the assumptions and methods used for assessing
evacuation certification of transport-category aircraft.
SEC. 2320. GAO STUDY OF UNIVERSAL DEPLOYMENT OF ADVANCED
IMAGING TECHNOLOGIES.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the costs that would be incurred--
(1) to redesign airport security areas to fully deploy
advanced imaging technologies at all commercial airports at
which security screening operations are conducted by the
Transportation Security Administration or through the
Screening Partnership Program; and
(2) to fully deploy advanced imaging technologies at all
airports not described in paragraph (1).
(b) Cost Analysis.--As a part of the study conducted under
subsection (a), the Comptroller General shall identify the
costs that would be incurred--
(1) to purchase the equipment and other assets necessary to
deploy advanced imaging technologies at each airport;
(2) to install such equipment and assets in each airport;
and
(3) to maintain such equipment and assets.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall submit
the results of the study conducted under subsection (a) to
the appropriate committees of Congress.
Subtitle D--General Aviation Safety
SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) update automated weather observing systems standards to
maximize the use of new technologies that promote the
reduction of equipment or maintenance cost for non-Federal
automated weather observing systems, including the use of
remote monitoring and maintenance, unless demonstrated to be
ineffective;
[[Page S1959]]
(2) review, and if necessary update, existing policies in
accordance with the standards developed under paragraph (1);
and
(3) establish a process under which appropriate on site
airport personnel or an aviation official may, with
appropriate manufacturer training or alternative training as
determined by the Administrator, be permitted to conduct the
minimum tri-annual preventative maintenance checks under the
advisory circular for non-Federal automated weather observing
systems (AC 150/5220-16D).
(b) Permission.--Permission to conduct the minimum tri-
annual preventative maintenance checks described under
subsection (a)(3) shall not be withheld but for specific
cause.
(c) Standards.--In updating the standards under subsection
(a)(1), the Administrator shall--
(1) ensure the standards are performance-based;
(2) use risk analysis to determine the accuracy of the
automated weather observing systems outputs required for
pilots to perform safe aircraft operations; and
(3) provide a cost benefit analysis to determine whether
the benefits outweigh the cost for any requirement not
directly related to safety.
(d) Report.--Not later than September 30, 2017, the
Administrator shall provide a report to the appropriate
committees of Congress on the implementation of requirements
under this section.
SEC. 2402. TOWER MARKING.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations to require
the marking of covered towers.
(b) Marking Required.--The regulations under subsection (a)
shall require that a covered tower be clearly marked in a
manner that is consistent with applicable guidance under the
Federal Aviation Administration Advisory Circular issued
December 4, 2015 (AC 70/7460-1L) or other relevant safety
guidance, as determined by the Administrator.
(c) Application.--The regulations issued under subsection
(a) shall ensure that--
(1) all covered towers constructed on or after the date on
which such regulations take effect are marked in accordance
with subsection (b); and
(2) a covered tower constructed before the date on which
such regulations take effect is marked in accordance with
subsection (b) not later than 1 year after such effective
date.
(d) Definition of Covered Tower.--
(1) In general.--In this section, the term ``covered
tower'' means a structure that--
(A) is self-standing or supported by guy wires and ground
anchors;
(B) is 10 feet or less in diameter at the above-ground
base, excluding concrete footing;
(C) at the highest point of the structure is at least 50
feet above ground level;
(D) at the highest point of the structure is not more than
200 feet above ground level;
(E) has accessory facilities on which an antenna, sensor,
camera, meteorological instrument, or other equipment is
mounted; and
(F) is located--
(i) outside the boundaries of an incorporated city or town;
or
(ii) on land that is--
(I) undeveloped; or
(II) used for agricultural purposes.
(2) Exclusions.--The term ``covered tower'' does not
include any structure that--
(A) is adjacent to a house, barn, electric utility station,
or other building;
(B) is within the curtilage of a farmstead;
(C) supports electric utility transmission or distribution
lines;
(D) is a wind powered electrical generator with a rotor
blade radius that exceeds 6 feet; or
(E) is a street light erected or maintained by a Federal,
State, local, or tribal entity.
(e) Database.--The Administrator shall--
(1) develop a database that contains the location and
height of each covered tower;
(2) keep the database current to the extent practicable;
(3) ensure that any proprietary information in the database
is protected from disclosure in accordance with law; and
(4) ensure access to the database is limited to
individuals, such as airmen, who require the information for
aviation safety purposes only.
SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall evaluate and update, as necessary, standards for crash-
resistant fuel systems for civilian rotorcraft.
SEC. 2404. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN
DEFINING SCOPE AND REQUIREMENTS FOR FUTURE
FLIGHT SERVICE PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall consult with general aviation stakeholders in defining
the scope and requirements for any new Future Flight Service
Program of the Administration to be used in a competitive
source selection for the next flight service contract with
the Administration.
SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a review of heads-up
guidance system displays (in this section referred to as
``HGS'').
(b) Contents.--The review required by subsection (a)
shall--
(1) evaluate the impacts of single- and dual-installed HGS
technology on the safety and efficiency of aircraft
operations within the national airspace system;
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HGS technology
would have produced a better outcome in that accident or
incident; and
(3) update previous HGS studies performed by the Flight
Safety Foundation in 1991 and 2009.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the
results of the review required by subsection (a).
Subtitle E--General Provisions
SEC. 2501. DESIGNATED AGENCY SAFETY AND HEALTH OFFICER.
(a) In General.--Section 106 is amended by adding at the
end the following:
``(u) Designated Agency Safety and Health Officer.--
``(1) Appointment.--There shall be a Designated Agency
Safety and Health Officer appointed by the Administrator who
shall exclusively fulfill the duties prescribed in this
subsection.
``(2) Responsibilities.--The Designated Agency Safety and
Health Officer shall have responsibility and accountability
for--
``(A) auditing occupational safety and health issues across
the Administration;
``(B) overseeing Administration-wide compliance with
relevant Federal occupational safety and health statutes and
regulations, national industry and consensus standards, and
Administration policies; and
``(C) encouraging a culture of occupational safety and
health to complement the Administration's existing safety
culture.
``(3) Reporting structure.--The Designated Agency Safety
and Health Officer shall occupy a full-time, senior executive
position and shall report directly to the Assistant
Administrator for Human Resource Management.
``(4) Qualifications and removal.--
``(A) Qualifications.--The Designated Agency Safety and
Health Officer shall have demonstrated ability and experience
in the establishment and administration of comprehensive
occupational safety and health programs and knowledge of
relevant Federal occupational safety and health statutes and
regulations, national industry and consensus standards, and
Administration policies.
``(B) Removal.--The Designated Agency Safety and Health
Officer shall serve at the pleasure of the Administrator.''.
(b) Deadline for Appointment.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall appoint an
individual to serve as the Designated Agency Safety and
Health Officer under section 106(u) of title 49, United
States Code.
SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.
(a) Risk-based Oversight.--Section 44733 is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Risk-based Oversight.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall take
measures to ensure that the safety assessment system
established under subsection (a)--
``(A) places particular consideration on inspections of
part 145 repair stations located outside the United States
that conduct scheduled heavy maintenance work on part 121 air
carrier aircraft; and
``(B) accounts for the frequency and seriousness of any
corrective actions that part 121 air carriers must implement
to aircraft following such work at such repair stations.
``(2) International agreements.--The Administrator shall
take the measures required under paragraph (1)--
``(A) in accordance with the United States obligations
under applicable international agreements; and
``(B) in a manner consistent with the applicable laws of
the country in which a repair station is located.
``(3) Access to data.--The Administrator may access and
review such information or data in the possession of a part
121 air carrier as the Administrator may require in carrying
out paragraph (1)(B).''; and
(3) in subsection (g), as redesignated--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) Heavy maintenance work.--The term `heavy maintenance
work' means a C-check, a D-check, or equivalent maintenance
operation with respect to the airframe of a transport-
category aircraft.''.
(b) Alcohol and Controlled Substances Testing.--The
Administrator of the Federal Aviation Administration shall
ensure that--
(1) not later than 90 days after the date of enactment of
this Act, a notice of proposed rulemaking required pursuant
to section 44733(d)(2) of title 49, United States Code, is
published in the Federal Register; and
[[Page S1960]]
(2) not later than 1 year after the date on which the
notice of proposed rulemaking is published in the Federal
Register, the rulemaking is finalized.
(c) Background Investigations.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall ensure that each
employee of a repair station certificated under part 145 of
title 14, Code of Federal Regulations, who performs a safety-
sensitive function on an air carrier aircraft has undergone a
preemployment background investigation sufficient to
determine whether the individual presents a threat to
aviation safety, in a manner that is--
(1) determined acceptable by the Administrator;
(2) consistent with the applicable laws of the country in
which the repair station is located; and
(3) consistent with the United States obligations under
international agreements.
SEC. 2503. 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 covered FAA 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 assess and establish
or update 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:
(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. 2504. SAFETY CRITICAL STAFFING.
(a) Audit by DOT Inspector General.--Not later than 1 year
after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall conduct and
complete an audit of the staffing model used by the Federal
Aviation Administration to determine the number of aviation
safety inspectors that are needed to fulfill the mission of
the Federal Aviation Administration and adequately ensure
aviation safety.
(b) Contents.--The audit shall include, at a minimum--
(1) a review of the staffing model and an analysis of how
consistently the staffing model is applied throughout the
Federal Aviation Administration's aviation safety lines of
business;
(2) a review of the assumptions and methods used in
devising and implementing the staffing model to assess the
adequacy of the staffing model to predict the number of
aviation safety inspectors needed to properly fulfill the
mission of the Federal Aviation Administration and meet the
future growth of the aviation industry; and
(3) a determination on whether the current staffing model
takes into account the Federal Aviation Administration's
authority to fully utilize designees.
(c) Report.--Not later than 30 days after the date of
completion of the audit, the Inspector General shall submit
to the appropriate committees of Congress a report on the
results of the audit.
SEC. 2505. APPROACH CONTROL RADAR IN ALL AIR TRAFFIC CONTROL
TOWERS.
The Administrator of the Federal Aviation Administration
shall--
(1) identify airports that are currently served by Federal
Aviation Administration towers with non-radar approach and
departure control (Type 4 tower); and
(2) develop an implementation plan, including budgetary
considerations, to provide the facilities identified under
paragraph (1) with approach control radar.
SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall establish
an advisory committee to carry out the duties described in
subsection (b).
(b) Duties.--The advisory committee shall--
(1) conduct a review of the practices and procedures of the
Federal Aviation Administration for developing proposals with
respect to changes in regulations, policies, or guidance of
the Federal Aviation Administration relating to airspace that
affect airport operations, airport capacity, the environment,
or communities in the vicinity of airports, including--
(A) an assessment of the extent to which there is
consultation, or a lack of consultation, with respect to such
proposals--
(i) between and among the affected elements of the Federal
Aviation Administration, including the Air Traffic
Organization, the Office of Airports, the Flight Standards
Service, the Office of NextGen, and the Office of Energy and
Environment; and
(ii) between the Federal Aviation Administration and
affected entities, including airports, aircraft operators,
communities, and State and local governments;
(2) recommend revisions to such practices and procedures to
improve communications and coordination between and among
affected elements of the Federal Aviation Administration and
with other affected entities with respect to proposals
described in paragraph (1) and the potential effects of such
proposals;
(3) conduct a review of the management by the Federal
Aviation Administration of systems and information used to
evaluate data relating to obstructions to air navigation or
navigational facilities under part 77 of title 14, Code of
Federal Regulations; and
(4) make recommendations to ensure that the data described
in paragraph (3) is publicly accessible and streamlined to
ensure developers, airport operators, and other interested
parties may obtain relevant information concerning potential
obstructions when working to preserve and create a safe and
efficient navigable airspace.
(c) Membership.--The membership of the advisory committee
established under subsection (a) shall include
representatives of--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotocraft;
(3) airports of various sizes and types;
(4) air traffic controllers; and
(5) State aviation officials.
(d) Report Required.--Not later than one year after the
establishment of the advisory committee under subsection (a),
the advisory committee shall submit to Congress a report on
the actions taken by the advisory committee to carry out the
duties described in subsection (b).
Subtitle F--Third Class Medical Reform and General Aviation Pilot
Protections
SEC. 2601. SHORT TITLE.
This subtitle may be cited as the ``Pilot's Bill of Rights
2''.
SEC. 2602. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT
PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue or revise regulations to
ensure that an individual may operate as pilot in command of
a covered aircraft if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of enactment
of this Act, held such a certificate at any point during the
10-year period preceding such date of enactment, or obtains
such a certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is first, second, or
third class;
(B) may include authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation
Administration by the individual cannot have been completed
and denied;
(5) the individual has completed a medical education course
described in subsection (c) during the 24 calendar months
before acting as pilot in command of a covered aircraft and
demonstrates proof of completion of the course;
(6) the individual, when serving as a pilot in command, is
under the care and treatment of a physician if the individual
has been diagnosed with any medical condition that may impact
the ability of the individual to fly;
(7) the individual has received a comprehensive medical
examination from a State-licensed physician during the
previous 48 months and--
(A) prior to the examination, the individual--
(i) completed the individual's section of the checklist
described in subsection (b); and
(ii) provided the completed checklist to the physician
performing the examination; and
(B) the physician conducted the comprehensive medical
examination in accordance with the checklist described in
subsection (b), checking each item specified during the
examination and addressing, as medically appropriate, every
medical condition listed, and any medications the individual
is taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than 5
passengers.
[[Page S1961]]
(B) The individual is operating the covered aircraft under
visual flight rules or instrument flight rules.
(C) The flight, including each portion of that flight, is
not carried out--
(i) for compensation or hire, including that no passenger
or property on the flight is being carried for compensation
or hire;
(ii) at an altitude that is more than 18,000 feet above
mean sea level;
(iii) outside the United States, unless authorized by the
country in which the flight is conducted; or
(iv) at an indicated air speed exceeding 250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a
checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination
required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through 19 of the
Federal Aviation Administration Form 8500-8 (3-99);
(ii) a signature line for the individual to affirm that--
(I) the answers provided by the individual on that
checklist, including the individual's answers regarding
medical history, are true and complete;
(II) the individual understands that he or she is
prohibited under Federal Aviation Administration regulations
from acting as pilot in command, or any other capacity as a
required flight crew member, if he or she knows or has reason
to know of any medical deficiency or medically disqualifying
condition that would make the individual unable to operate
the aircraft in a safe manner; and
(III) the individual is aware of the regulations pertaining
to the prohibition on operations during medical deficiency
and has no medically disqualifying conditions in accordance
with applicable law;
(B) a section with instructions for the individual to
provide the completed checklist to the physician performing
the comprehensive medical examination required in subsection
(a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and throat;
(III) ears, general (internal and external canals), and
eardrums (perforation);
(IV) eyes (general), ophthalmoscopic, pupils (equality and
reaction), and ocular motility (associated parallel movement,
nystagmus);
(V) lungs and chest (not including breast examination);
(VI) heart (precordial activity, rhythm, sounds, and
murmurs);
(VII) vascular system (pulse, amplitude, and character, and
arms, legs, and others);
(VIII) abdomen and viscera (including hernia);
(IX) anus (not including digital examination);
(X) skin;
(XI) G-U system (not including pelvic examination);
(XII) upper and lower extremities (strength and range of
motion);
(XIII) spine and other musculoskeletal;
(XIV) identifying body marks, scars, and tattoos (size and
location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes, equilibrium, senses,
cranial nerves, and coordination, etc.);
(XVII) psychiatric (appearance, behavior, mood,
communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and intermediate vision, field
of vision, color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician, in his or her medical
judgment, considers necessary;
(ii) to exercise medical discretion to address, as
medically appropriate, any medical conditions identified, and
to exercise medical discretion in determining whether any
medical tests are warranted as part of the comprehensive
medical examination;
(iii) to discuss all drugs the individual reports taking
(prescription and nonprescription) and their potential to
interfere with the safe operation of an aircraft or motor
vehicle;
(iv) to sign the checklist, stating: ``I certify that I
discussed all items on this checklist with the individual
during my examination, discussed any medications the
individual is taking that could interfere with their ability
to safely operate an aircraft or motor vehicle, and performed
an examination that included all of the items on this
checklist. I certify that I am not aware of any medical
condition that, as presently treated, could interfere with
the individual's ability to safely operate an aircraft.'';
and
(v) to provide the date the comprehensive medical
examination was completed, and the physician's full name,
address, telephone number, and State medical license number.
(3) Logbook.--The completed checklist shall be retained in
the individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical
education course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical education
course, which shall be printed and retained in the
individual's logbook and made available upon request, and
shall contain the individual's name, address, and airman
certificate number;
(B) subject to subsection (d), a release authorizing the
National Driver Register through a designated State
Department of Motor Vehicles to furnish to the Federal
Aviation Administration information pertaining to the
individual's driving record;
(C) a certification by the individual that the individual
is under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that
may impact the ability of the individual to fly, as required
under (a)(6);
(D) a form that includes--
(i) the name, address, telephone number, and airman
certificate number of the individual;
(ii) the name, address, telephone number, and State medical
license number of the physician performing the comprehensive
medical examination required in subsection (a)(7);
(iii) the date of the comprehensive medical examination
required in subsection (a)(7); and
(iv) a certification by the individual that the checklist
described in subsection (b) was followed and signed by the
physician in the comprehensive medical examination required
in subsection (a)(7); and
(E) a statement, which shall be printed, and signed by the
individual certifying that the individual understands the
existing prohibition on operations during medical deficiency
by stating: ``I understand that I cannot act as pilot in
command, or any other capacity as a required flight crew
member, if I know or have reason to know of any medical
condition that would make me unable to operate the aircraft
in a safe manner.''.
(d) National Driver Register.--The authorization under
subsection (c)(10)(B) shall be an authorization for a single
access to the information contained in the National Driver
Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection
(a) and is seeking to serve as a pilot in command of a
covered aircraft shall be required to have completed the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate for each of the following:
(A) A mental health disorder, limited to an established
medical history or clinical diagnosis of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an individual--
(I) has manifested delusions, hallucinations, grossly
bizarre or disorganized behavior, or other commonly accepted
symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or
other commonly accepted symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the previous 2 years, as
defined in section 67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an established
medical history or clinical diagnosis of any of the
following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to a one-time
special issuance for each diagnosis of the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a
[[Page S1962]]
cardiovascular condition, the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
shall be satisfied with the successful completion of an
appropriate clinical evaluation without a mandatory wait
period.
(3) Special rule for mental health conditions.--
(A) In the case of an individual with a clinically
diagnosed mental health condition, the third-class medical
certificate exemption under subsection (a) shall not apply
if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform the
duties or exercise the airman privileges described in
subsection (a)(8); or
(II) may reasonably be expected to make the individual
unable to perform the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by the
issuing agency as a result of a clinically diagnosed mental
health condition.
(B) Subject to subparagraph (A), an individual clinically
diagnosed with a mental health condition shall certify every
2 years, in conjunction with the certification under
subsection (c)(10)(C), that the individual is under the care
of a State-licensed medical specialist for that mental health
condition.
(4) Special rule for neurological conditions.--
(A) In the case of an individual with a clinically
diagnosed neurological condition, the third-class medical
certificate exemption under subsection (a) shall not apply
if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform the
duties or exercise the airman privileges described in
subsection (a)(8); or
(II) may reasonably be expected to make the individual
unable to perform the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by the
issuing agency as a result of a clinically diagnosed
neurological condition.
(B) Subject to subparagraph (A), an individual clinically
diagnosed with a neurological condition shall certify every 2
years, in conjunction with the certification under subsection
(c)(10)(C), that the individual is under the care of a State-
licensed medical specialist for that neurological condition.
(f) Identification of Additional Medical Conditions for the
Caci Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and
identify additional medical conditions that could be added to
the program known as the Conditions AMEs Can Issue (CACI)
program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
listing the medical conditions that have been added to the
CACI program under paragraph (1).
(g) Expedited Authorization for Special Issuance of a
Medical Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
under section 67.401 of title 14, Code of Federal
Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing how the
procedures implemented under paragraph (1) will streamline
the process for obtaining an Authorization for Special
Issuance of a Medical Certificate and reduce the amount of
time needed to review and decide special issuance cases.
(h) Report Required.--Not later than 5 years after the date
of enactment of this Act, the Administrator, in coordination
with the National Transportation Safety Board, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes the effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to
changes in small aircraft activity and safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the
date that is 1 year after the date of enactment of this Act,
the Administrator may not take an enforcement action for not
holding a valid third-class medical certificate against a
pilot of a covered aircraft for a flight, through a good
faith effort, if the pilot and the flight meet the applicable
requirements under subsection (a), except paragraph (5) of
that subsection, unless the Administrator has published final
regulations in the Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(k) Operations Covered.--The provisions and requirements
covered in this section do not apply to pilots who elect to
operate under the medical requirements under subsection (b)
or subsection (c) of section 61.23 of title 14, Code of
Federal Regulations.
(l) Authority to Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver
Register or the Administrator's Safety Hotline, that reflects
on an individual's ability to safely operate a covered
aircraft under the third-class medical certificate exemption
in subsection (a), the Administrator may require the
individual to provide additional information or history so
that the Administrator may determine whether the individual
is safe to continue operating a covered aircraft.
(2) Use of information.--The Administrator may use credible
or urgent information received under paragraph (1) to request
an individual to provide additional information or to take
actions under section 44709(b) of title 49, United States
Code.
SEC. 2603. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Appeals of Suspended and Revoked Airman Certificates.--
Section 2(d)(1) of the Pilot's Bill of Rights (Public Law
112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by
striking ``or imposing a punitive civil action or an
emergency order of revocation under subsections (d) and (e)
of section 44709 of such title'' and inserting ``suspending
or revoking an airman certificate under section 44709(d) of
such title, or imposing an emergency order of revocation
under subsections (d) and (e) of section 44709 of such
title''.
(b) De Novo Review by District Court; Burden of Proof.--
Section 2(e) of the Pilot's Bill of Rights (Public Law 112-
153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--In an appeal filed under subsection (d)
in a United States district court with respect to a denial,
suspension, or revocation of an airman certificate by the
Administrator--
``(A) the district court shall review the denial,
suspension, or revocation de novo, including by--
``(i) conducting a full independent review of the complete
administrative record of the denial, suspension, or
revocation;
``(ii) permitting additional discovery and the taking of
additional evidence; and
``(iii) making the findings of fact and conclusions of law
required by Rule 52 of the Federal Rules of Civil Procedure
without being bound to any findings of fact of the
Administrator or the National Transportation Safety Board.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Burden of proof.--In an appeal filed under subsection
(d) in a United States district court after an exhaustion of
administrative remedies, the burden of proof shall be as
follows:
``(A) In an appeal of the denial of an application for the
issuance or renewal of an airman certificate under section
44703 of title 49, United States Code, the burden of proof
shall be upon the applicant denied an airman certificate by
the Administrator.
``(B) In an appeal of an order issued by the Administrator
under section 44709 of title 49, United States Code, the
burden of proof shall be upon the Administrator.''; and
(4) by adding at the end the following:
``(4) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) of this subsection or
subsection (a)(1) of section 554 of title 5, United States
Code, section 554 of such title shall apply to adjudications
of the Administrator and the National Transportation Safety
Board to the same extent as that section applied to such
adjudications before the date of enactment of the Pilot's
Bill of Rights 2.''.
(c) Notification of Investigation.--Subsection (b) of
section 2 of the Pilot's Bill of Rights (Public Law 112-153;
126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature
of the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(d) Release of Investigative Reports.--Section 2 of the
Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159;
49 U.S.C. 44703 note) is further amended by inserting after
subsection (e) the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding conducted under
part 821 of title 49, Code of Federal Regulations, relating
to the amendment, modification, suspension, or revocation of
an airman certificate, in which the Administrator issues an
emergency order under subsections (d) and (e) of section
44709, section 44710, or section 46105(c) of title 49, United
States Code, or another order that
[[Page S1963]]
takes effect immediately, the Administrator shall provide to
the individual holding the airman certificate the releasable
portion of the investigative report at the time the
Administrator issues the order. If the complete Report of
Investigation is not available at the time the Emergency
Order is issued, the Administrator shall issue all portions
of the report that are available at the time and shall
provide the full report within 5 days of its completion.
``(B) Other orders.--In any non-emergency proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in which
the Administrator notifies the certificate holder of a
proposed certificate action under subsections (b) and (c) of
section 44709 or section 44710 of title 49, United States
Code, the Administrator shall, upon the written request of
the covered certificate holder and at any time after that
notification, provide to the covered certificate holder the
releasable portion of the investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report
to the individual holding the airman certificate subject to
the proceeding referred to in paragraph (1) by the time
required by that paragraph, the individual may move to
dismiss the complaint of the Administrator or for other
relief and, unless the Administrator establishes good cause
for the failure to provide the investigative report or for a
lack of timeliness, the administrative law judge shall order
such relief as the judge considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or reflects
internal deliberative process.
``(C) Information that would disclose the identity of a
confidential source.
``(D) Information the disclosure of which is prohibited by
any other provision of law.
``(E) Information that is not relevant to the subject
matter of the proceeding.
``(F) Information the Administrator can demonstrate is
withheld for good cause.
``(G) Sensitive security information, as defined in section
15.5 of title 49, Code of Federal Regulations (or any
corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from
releasing to an individual subject to an investigation
described in subsection (b)(1)--
``(A) information in addition to the information included
in the releasable portion of the investigative report; or
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 2604. LIMITATIONS ON REEXAMINATION OF CERTIFICATE
HOLDERS.
(a) In General.--Section 44709(a) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by striking ``reexamine'' and inserting ``, except as
provided in paragraph (2), reexamine''; and
(3) by adding at the end the following:
``(2) Limitation on the reexamination of airman
certificates.--
``(A) In general.--The Administrator may not reexamine an
airman holding a student, sport, recreational, or private
pilot certificate issued under section 44703 of this title if
the reexamination is ordered as a result of an event
involving the fault of the Federal Aviation Administration or
its designee, unless the Administrator has reasonable
grounds--
``(i) to establish that the airman may not be qualified to
exercise the privileges of a particular certificate or
rating, based upon an act or omission committed by the airman
while exercising those privileges, after the certificate or
rating was issued by the Federal Aviation Administration or
its designee; or
``(ii) to demonstrate that the airman obtained the
certificate or the rating through fraudulent means or through
an examination that was substantially and demonstrably
inadequate to establish the airman's qualifications.
``(B) Notification requirements.--Before taking any action
to reexamine an airman under subparagraph (A), the
Administrator shall provide to the airman--
``(i) a reasonable basis, described in detail, for
requesting the reexamination; and
``(ii) any information gathered by the Federal Aviation
Administration, that the Administrator determines is
appropriate to provide, such as the scope and nature of the
requested reexamination, that formed the basis for that
justification.''.
(b) Amendment, Modification, Suspension, or Revocation of
Airman Certificates After Reexamination.--Section 44709(b) is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A), as
redesignated, by striking ``The Administrator'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2), the
Administrator''; and
(4) by adding at the end the following:
``(2) Amendments, modifications, suspensions, and
revocations of airman certificates after reexamination.--
``(A) In general.--The Administrator may not issue an order
to amend, modify, suspend, or revoke an airman certificate
held by a student, sport, recreational, or private pilot and
issued under section 44703 of this title after a
reexamination of the airman holding the certificate unless
the Administrator determines that the airman--
``(i) lacks the technical skills and competency, or care,
judgment, and responsibility, necessary to hold and safely
exercise the privileges of the certificate; or
``(ii) materially contributed to the issuance of the
certificate by fraudulent means.
``(B) Standard of review.--Any order of the Administrator
under this paragraph shall be subject to the standard of
review provided for under section 2 of the Pilot's Bill of
Rights (49 U.S.C. 44703 note).''.
(c) Conforming Amendments.--Section 44709(d)(1) is
amended--
(1) in subparagraph (A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.
SEC. 2605. EXPEDITING UPDATES TO NOTAM PROGRAM.
(a) In General.--
(1) Beginning on the date that is 180 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration may not take any enforcement action
against any individual for a violation of a NOTAM (as defined
in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701
note)) until the Administrator certifies to the appropriate
congressional committees that the Administrator has complied
with the requirements of section 3 of the Pilot's Bill of
Rights, as amended by this section.
(2) In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights
(Public Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is
amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting ``the Pilot's
Bill of Rights 2''; and
(ii) by striking ``begin'' and inserting ``complete the
implementation of'';
(B) by amending subparagraph (B) to read as follows:
``(B) to continue developing and modernizing the NOTAM
repository, in a public central location, to maintain and
archive all NOTAMs, including the original content and form
of the notices, the original date of publication, and any
amendments to such notices with the date of each amendment,
in a manner that is Internet-accessible, machine-readable,
and searchable;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary flight
restrictions are in effect and the duration of a designation
of special use airspace in a specific area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for
Notams.--
``(1) In general.--The Administrator--
``(A) shall consider the repository for NOTAMs under
subsection (a)(2)(B) to be the sole location for airmen to
check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or published
until the NOTAM is included in the repository for NOTAMs
under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in subparagraph (B),
beginning on the date that the repository under subsection
(a)(2)(B) is final and published, the Administrator may not
take any enforcement action against an airman for a violation
of a NOTAM during a flight if--
``(i) that NOTAM is not available through the repository
before the commencement of the flight; and
``(ii) that NOTAM is not reasonably accessible and
identifiable to the airman.
``(B) Exception for national security.--Subparagraph (A)
shall not apply in the case of an enforcement action for a
violation of a NOTAM that directly relates to national
security.''.
SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47124 the following:
``Sec. 47124a. Accessibility of certain flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual
[[Page S1964]]
who is the subject of an investigation initiated by the
Administrator related to a covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control
services pursuant to a contract with the Administration under
the contract air traffic control tower program under section
47124(b)(3).
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
note)), created, maintained, or controlled by any program of
the Administration, including any program of the
Administration carried out by employees or contractors of the
Administration, such as contract towers, flight service
stations, and controller training programs.
``(b) Provision of Covered Flight Record to
Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an
applicable individual and the covered flight record is not in
the possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains
covered flight records shall be provided to the
Administration if the Administration requests the record
pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in
the covered flight record and the individual who is the
subject of an investigation has requested the record, the
Administrator shall promptly produce the record and extend
the time the individual has to respond to the Notice of
Proposed Certificate Action until the covered flight record
is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Pilot's Bill of Rights 2, the
Administrator shall promulgate regulations or guidance to
ensure compliance with this section.
``(2) Compliance by contractors.--
``(A) Compliance with this section by a contract tower or
other contractor of the Administration that maintains covered
flight records shall be included as a material term in any
contract between the Administration and the contract tower or
contractor entered into or renewed on or after the date of
enactment of the Pilot's Bill of Rights 2.
``(B) Subparagraph (A) shall not apply to any contract or
agreement in effect on the date of enactment of the Pilot's
Bill of Rights 2 unless the contract or agreement is
renegotiated, renewed, or modified after that date.''.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 471 is amended by inserting after the
item relating to section 47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 2607. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN
NOTICES.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall revise section 13.11 of title 14, Code of Federal
Regulations, to authorize legal counsel of the Federal
Aviation Administration to close enforcement actions covered
by that section with a warning notice, letter of correction,
or other administrative action.
TITLE III--AIR SERVICE IMPROVEMENTS
SEC. 3001. DEFINITIONS.
In this title:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(2) Online service.--The term ``online service'' means any
service available over the Internet, or that connects to the
Internet or a wide-area network.
(3) Ticket agent.--The term ``ticket agent'' has the
meaning given the term in section 40102 of title 49, United
States Code.
Subtitle A--Passenger Air Service Improvements
SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review the categorization of delays and cancellations with
respect to air carriers that are required to report such
data.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall consider, at a minimum--
(A) whether delays and cancellations attributed by an air
carrier to weather were unavoidable due to an operational or
air traffic control issue, or due to the air carrier's
preference in determining which flights to delay or cancel
during a weather event;
(B) whether and to what extent delays and cancellations
attributed by an air carrier to weather disproportionately
impact service to smaller airports and communities; and
(C) whether it is an unfair or deceptive practice in
violation of section 41712 of title 49, United States Code,
for an air carrier to inform a passenger that a flight is
delayed or cancelled due to weather, without any other
context or explanation for the delay or cancellation, when
the air carrier has discretion as to which flights to delay
or cancel.
(3) Advisory committee for aviation consumer protection.--
The Secretary may use the Advisory Committee for Aviation
Consumer Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the
review under subsection (a) is complete, the Secretary shall
submit to the appropriate committees of Congress a report on
the review under subsection (a), including any
recommendations.
(c) Savings Provision.--Nothing in this section shall be
construed as affecting the decision of an air carrier to
maximize its system capacity during weather-related events to
accommodate the greatest number of passengers.
SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review whether it is an unfair or deceptive practice in
violation of section 41712 of title 49, United States Code,
for an air carrier to change the itinerary of a passenger,
more than 24 hours before departure, if the new itinerary
involves additional stops or departs 3 hours earlier or later
and compensation or other more suitable air transportation is
not offered.
(2) Advisory committee for aviation consumer protection.--
The Secretary may use the Advisory Committee for Aviation
Consumer Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the
review under subsection (a) is complete, the Secretary shall
submit to appropriate committees of Congress a report on the
review under subsection (a), including any recommendations.
SEC. 3103. ADDITIONAL CONSUMER PROTECTIONS.
Not later than 180 days after the date that the reviews
under sections 3101 and 3102 of this Act are complete, the
Secretary of Transportation shall issue a supplemental notice
of proposed rulemaking to its notice of proposed rulemaking
published in the Federal Register on May 23, 2014 (DOT-OST-
2014-0056) (relating to the transparency of airline ancillary
fees and other consumer protection issues) to consider the
following:
(1) Requiring an air carrier to provide notification and
refunds or other consideration to a consumer who is impacted
by delays or cancellations when an air carrier has a choice
as to which flights to cancel or delay during a weather-
related event.
(2) Requiring an air carrier to provide notification and
refunds or other consideration to a consumer who is impacted
by involuntary changes to the consumer's itinerary.
SEC. 3104. ADDRESSING THE NEEDS OF FAMILIES OF PASSENGERS
INVOLVED IN AIRCRAFT ACCIDENTS.
(a) Air Carriers Holding Certificates of Public Convenience
and Necessity.--Section 41113 is amended--
(1) in subsection (a), by striking ``a major'' and
inserting ``any'';
(2) in subsection (b)--
(A) in paragraph (9), by striking ``(and any other victim
of the accident)'' and inserting ``(and any other victim of
the accident, including any victim on the ground)'';
(B) in paragraph (16), by striking ``major'' and inserting
``any''; and
(C) in paragraph (17)(A), by striking ``significant'' and
inserting ``any''; and
(3) by amending subsection (e) to read as follows:
``(e) Definitions.--In this section:
``(1) `Aircraft accident' means any aviation disaster,
regardless of its cause or suspected cause, for which the
National Transportation Safety Board is the lead
investigative agency.
``(2) `Passenger' has the meaning given the term in section
1136.''.
(b) Foreign Air Carriers Providing Foreign Air
Transportation.--Section 41313 is amended--
(1) in subsection (b), by striking ``a major'' and
inserting ``any''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a significant'' and
inserting ``any'';
(B) in paragraph (2), by striking ``a significant'' and
inserting ``any'';
(C) in paragraph (16), by striking ``major'' and inserting
``any''; and
(D) in paragraph (17)(A), by striking ``significant'' and
inserting ``any''.
(c) National Transportation Safety Board.--Section 1136(a)
is amended by striking ``aircraft accident within the United
States involving an air carrier or foreign air carrier and
resulting in a major loss of life'' and inserting ``aircraft
accident involving an air carrier or foreign air carrier,
resulting in any loss of life, and for which the National
Transportation Safety Board will serve as the lead
investigative agency''.
SEC. 3105. EMERGENCY MEDICAL KITS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the
[[Page S1965]]
Administrator of the Federal Aviation Administration shall
evaluate and revise, as appropriate, the regulations under
part 121 of title 14, Code of Federal Regulations, regarding
the emergency medical equipment requirements, including the
contents of the first-aid kit, applicable to all certificate
holders operating passenger-carrying airplanes under that
part.
(b) Considerations.--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, including
consideration of an epinephrine auto-injector, as
appropriate.
SEC. 3106. TRAVELERS WITH DISABILITIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a study of airport accessibility best practices
for individuals with disabilities; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings, conclusions, and recommendations.
(b) Contents.--The study under subsection (a) shall include
accessibility best practices beyond those recommended under
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.), Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
Air Carrier Access Act of 1986 (100 Stat. 1080; Public Law
99-435), or Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), that improve infrastructure and
communications, such as with regard to wayfinding, amenities,
and passenger care.
SEC. 3107. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION
CONSUMER PROTECTION.
(a) Termination.--Section 411(h) of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 42301
prec. note) is amended by striking ``July 15, 2016'' and
inserting ``September 30, 2017''.
(b) Financial Disclosure.--Section 411 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 42301 prec. note) is further amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting before subsection (i), the following:
``(h) Conflict of Interest Disclosure.--Beginning on the
date of enactment of the Federal Aviation Administration
Reauthorization Act of 2016, each member of the advisory
committee who is not a government employee shall disclose, on
an annual basis, any potential conflicts of interest,
including financial conflicts of interest, to the Secretary
in such form and manner as prescribed by the Secretary.''.
(c) Recommendations.--Section 411(g) of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 42301 prec. note) is amended--
(1) by striking ``of the first 2 calendar years beginning
after the date of enactment of this Act'' and inserting
``calendar year''; and
(2) by inserting ``and post on the Department of
Transportation Web site'' after ``Congress''.
SEC. 3108. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(r)(3) is amended by striking ``July 16,
2016'' and inserting ``October 1, 2017''.
SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations to require a covered air carrier to
promptly provide an automatic refund to a passenger in the
amount of any applicable ancillary fees paid if the covered
air carrier has charged the passenger an ancillary fee for
checked baggage but the covered air carrier fails to deliver
the checked baggage to the passenger not later than 6 hours
after the arrival of a domestic flight or 12 hours after the
arrival of an international flight.
(b) Exception.--If as part of the rulemaking the Secretary
makes a determination on the record that a requirement under
subsection (a) is unfeasible and will negatively affect
consumers in certain cases, the Secretary may modify 1 or
both of the deadlines in that subsection for such cases,
except that--
(1) the deadline relating to a domestic flight may not
exceed 12 hours after the arrival of the domestic flight; and
(2) the deadline relating to an international flight may
not exceed 24 hours after the arrival of the international
flight.
SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A
COVERED AIR CARRIER.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall promulgate
regulations that require each covered air carrier to promptly
provide an automatic refund to a passenger of any ancillary
fees paid for services that the passenger does not receive,
including on the passenger's scheduled flight, on a
subsequent replacement itinerary if there has been a
rescheduling, or for a flight not taken by the passenger.
SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations requiring--
(1) each covered air carrier to disclose to a consumer the
baggage fee, cancellation fee, change fee, ticketing fee, and
seat selection fee of that covered air carrier in a
standardized format; and
(2) notwithstanding the manner in which information
regarding the fees described in paragraph (1) is collected,
each ticket agent to disclose to a consumer such fees of a
covered air carrier in the standardized format described in
paragraph (1).
(b) Requirements.--The regulations under subsection (a)
shall require that each disclosure--
(1) if ticketing is done on an Internet Web site or other
online service--
(A) be prominently displayed to the consumer prior to the
point of purchase; and
(B) set forth the fees described in subsection (a)(1) in
clear and plain language and a font of easily readable size;
and
(2) if ticketing is done on the telephone, be expressly
stated to the consumer during the telephone call and prior to
the point of purchase.
SEC. 3112. SEAT ASSIGNMENTS.
(a) In General.--Not later than 15 months after the date of
enactment of this Act, the Secretary of Transportation shall
complete such actions as may be necessary to require each
covered air carrier and ticket agent to disclose to a
consumer that seat selection for which a fee is charged is an
optional service, and that if a consumer does not pay for a
seat assignment, a seat will be assigned to the consumer from
available inventory at the time the consumer checks in for
the flight or prior to departure.
(b) Requirements.--The disclosure under subsection (a)
shall--
(1) if ticketing is done on an Internet Web site or other
online service, be prominently displayed to the consumer on
that Internet Web site or online service during the selection
of seating or prior to the point of purchase; and
(2) if ticketing is done on the telephone, be expressly
stated to the consumer during the telephone call and prior to
the point of purchase.
SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL.
(a) Short Title.--This section may be cited as the
``Lasting Improvements to Family Travel Act'' or the ``LIFT
Act''.
(b) Accompanying Minors for Security Screening.--The
Administrator of the Transportation Security Administration
shall formalize security screening procedures that allow for
one adult family caregiver to accompany a minor child
throughout the entirety of the security screening process.
(c) Special Accommodations for Pregnant Women.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Transportation shall review and, if
appropriate, prescribe regulations that direct all air
carriers to include pregnant women in their policies with
respect to preboarding or advance boarding of aircraft.
(d) Family Seating.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall review and,
if appropriate, establish a policy directing all air carriers
to ensure that, if a family is traveling on a reservation
with a child under the age of 13, that child is able to sit
in a seat adjacent to the seat of an accompanying family
member over the age of 13, to the maximum extent practicable,
at no additional cost.
SEC. 3114. CONSUMER COMPLAINT PROCESS IMPROVEMENT.
(a) In General.--Section 42302 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a), the following:
``(b) Point of Sale.--Each air carrier, foreign air
carrier, and ticket agent shall inform each consumer of a
carrier service, at the point of sale, that the consumer can
file a complaint about that service with the carrier and with
the Aviation Consumer Protection Division of the Department
of Transportation.'';
(3) by amending subsection (c), as redesignated, to read as
follows:
``(c) Internet Web Site or Other Online Service Notice.--
Each air carrier and foreign air carrier shall include on its
Internet Web site, any related mobile device application, and
online service--
``(1) the hotline telephone number established under
subsection (a) or for the Aviation Consumer Protection
Division of the Department of Transportation;
``(2) an active link and the email address, telephone
number, and mailing address of the air carrier or foreign air
carrier, as applicable, for a consumer to submit a complaint
to the carrier about the quality of service;
``(3) notice that the consumer can file a complaint with
the Aviation Consumer Protection Division of the Department
of Transportation;
``(4) an active link to the Internet Web site of the
Aviation Consumer Protection Division of the Department of
Transportation for a consumer to file a complaint; and
``(5) the active link described in paragraph (2) on the
same Internet Web site page as the active link described in
paragraph (4).''; and
(4) in subsection (d), as redesignated--
(A) in the matter preceding paragraph (1), by striking ``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'' and
inserting ``Each air carrier and foreign air carrier'';
[[Page S1966]]
(B) in paragraph (1), by striking ``air carrier'' and
inserting ``carrier''; and
(C) in paragraph (2), by striking ``air carrier'' and
inserting ``carrier''.
(b) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
promulgate regulations to implement the requirements of
section 42302 of title 49, United States Code, as amended.
SEC. 3115. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION
INFORMATION.
(a) Internet Web Site.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation shall--
(1) complete an evaluation of the aviation consumer
protection portion of the Department of Transportation's
public Internet Web site to identify any changes to the user
interface that will improve usability, accessibility,
consumer satisfaction, and Web site performance;
(2) in completing the evaluation under paragraph (1)--
(A) consider the best practices of other Federal agencies
with effective Web sites; and
(B) consult with the Federal Web Managers Council;
(3) develop a plan, including an implementation timeline,
for--
(A) making the changes identified under paragraph (1); and
(B) making any necessary changes to that portion of the Web
site that will enable a consumer--
(i) to access information regarding each complaint filed
with the Aviation Consumer Protection Division of the
Department of Transportation;
(ii) to search the complaints described in clause (i) by
the name of the air carrier, the dates of departure and
arrival, the airports of origin and departure, and the type
of complaint; and
(iii) to determine the date a complaint was filed and the
date a complaint was resolved; and
(4) submit the evaluation and plan to appropriate
committees of Congress.
(b) Mobile Application Software.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall--
(1) implement a program to develop application software for
wireless devices that will enable a user to access
information and perform activities related to aviation
consumer protection, such as--
(A) information regarding airline passenger protections,
including protections related to lost baggage and baggage
fees, disclosure of additional fees, bumping, cancelled or
delayed flights, damaged or lost baggage, and tarmac delays;
and
(B) file an aviation consumer complaint, including a safety
and security, airline service, disability and discrimination,
or privacy complaint, with the Aviation Consumer Protection
Division of the Department of Transportation; and
(2) make the application software available to the public
at no cost.
SEC. 3116. STUDY ON IN CABIN WHEELCHAIR RESTRAINT SYSTEMS.
Not later than 2 years after the date of enactment of this
Act, the Architectural and Transportation Barriers Compliance
Board, in consultation with the Secretary of Transportation,
shall conduct a study to determine the ways in which
particular individuals with significant disabilities who use
wheelchairs, including power wheelchairs, can be accommodated
through in cabin wheelchair restraint systems.
SEC. 3117. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS
WITH DISABILITIES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing--
(1) each air carrier's training policy for its personnel
and contractors regarding assistance for persons with
disabilities, as required by Department of Transportation
regulations;
(2) any variations among the air carriers in the policies
described in paragraph (1);
(3) how the training policies are implemented to meet the
Department of Transportation regulations;
(4) how frequently an air carrier must train new employees
and contractors due to turnover in positions that require
such training;
(5) how frequently, in the prior 10 years, the Department
of Transportation has requested, after reviewing a training
policy, that an air carrier take corrective action; and
(6) the action taken by an air carrier under paragraph (5).
(b) Best Practices.--After the date the report is submitted
under subsection (a), the Secretary of Transportation, based
on the findings of the report, shall develop and disseminate
to air carriers such best practices as the Secretary
considers necessary to improve the training policies.
SEC. 3118. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF
PASSENGERS WITH DISABILITIES.
(a) Establishment.--The Secretary of Transportation shall
establish an advisory committee for the air travel needs of
passengers with disabilities (referred to in this section as
the ``Advisory Committee'').
(b) Duties.--The Advisory Committee shall advise the
Secretary with regard to the implementation of the Air
Carrier Access Act of 1986 (Public Law 99-435; 100 Stat.
1080), including--
(1) assessing the disability-related access barriers
encountered by passengers with disabilities;
(2) determining the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers described in paragraph (1);
(3) recommending improvements to the air travel experience
of passengers with disabilities; and
(4) such activities as the Secretary considers necessary to
carry out this section.
(c) Membership.--
(1) In general.--The Advisory Committee shall be comprised
of at least 1 representative of each of the following groups:
(A) Passengers with disabilities.
(B) National disability organizations.
(C) Air carriers.
(D) Airport operators.
(E) Contractor service providers.
(2) Appointment.--The Secretary of Transportation shall
appoint each member of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee shall
be filled in the manner in which the original appointment was
made.
(d) Chairperson.--The Secretary of Transportation shall
designate, from among the members appointed under subsection
(c), an individual to serve as chairperson of the Advisory
Committee.
(e) Travel Expenses.--Members of the advisory committee
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(f) Reports.--
(1) In general.--Not later than February 1 of each year,
the Advisory Committee shall submit to the Secretary of
Transportation a report on the needs of passengers with
disabilities in air travel, including--
(A) an assessment of disability-related access barriers,
both those that were evident in the preceding year and those
that will likely be an issue in the next 5 years;
(B) an evaluation of the extent to which the Department of
Transportation's programs and activities are eliminating
disability-related access barriers;
(C) a description of the Advisory Committee's actions
during the prior calendar year;
(D) a description of activities that the Advisory Committee
proposed to undertake in the succeeding calendar year; and
(E) any recommendations for legislation, administrative
action, or other action that the Advisory Committee considers
appropriate.
(2) Report to congress.--Not later than 60 days after the
date 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.
(g) Termination.--The Advisory Committee shall terminate 2
years after the date of enactment of this Act.
SEC. 3119. REPORT ON COVERED AIR CARRIER CHANGE,
CANCELLATION, AND BAGGAGE FEES.
(a) In General.--The Comptroller General of the United
States shall conduct a study of existing airline industry
change, cancellation, and bag fees and the current industry
practice for handling changes to or cancellation of ticketed
travel on covered air carriers.
(b) Considerations.--In conducting the study, the
Comptroller General shall consider, at a minimum--
(1) whether and how each covered air carrier calculates its
change fees, cancellation fees, and bag fees; and
(2) the relationship between the cost of the ticket and the
date of change or cancellation as compared to the date of
travel.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.
(a) In General.--The Comptroller General of the United
States shall conduct a study to consider and evaluate
Department of Transportation enforcement of aviation consumer
protection rules.
(b) Contents.--The study under subsection (a) shall include
an evaluation of--
(1) available enforcement mechanisms;
(2) any obstacles to enforcement; and
(3) trends in Department of Transportation enforcement
actions.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 3121. DIMENSIONS FOR PASSENGER SEATS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a proceeding to study the minimum seat pitch for
passenger seats on aircraft operated by air carriers (as
defined in section 40102 of title 49, United States Code).
(b) Considerations.--In reviewing any minimum seat pitch
under subsection (a),
[[Page S1967]]
the Secretary shall consider the safety of passengers,
including passengers with disabilities.
SEC. 3122. CELL PHONE VOICE COMMUNICATIONS.
(a) In General.--Subchapter I of chapter 417, as amended by
section 2307 of this Act, is further amended by adding at the
end the following:
``Sec. 41726. Cell phone voice communications
``(a) Prohibition Authority.--The Secretary of
Transportation may 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)--
``(A) any member of the flight crew on duty on an aircraft;
``(B) any flight attendant on duty on an aircraft; and
``(C) any Federal law enforcement officer acting in an
official capacity.
``(b) Definitions.--In this section:
``(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) Table of Contents.--The table of contents at the
beginning of chapter 417, as amended by section 2307 of this
Act, is further amended by inserting after the item relating
to section 41725 the following:
``41726. Cell phone voice communications.''.
SEC. 3123. AVAILABILITY OF SLOTS FOR NEW ENTRANT AIR CARRIERS
AT NEWARK LIBERTY INTERNATIONAL AIRPORT.
(a) Definitions.--The terms ``new entrant air carrier'' and
``slot'' have the meanings given those terms in section
41714(h) of title 49, United States Code.
(b) Slots for New Entrant Air Carriers.--The Secretary
shall, annually, by granting exemptions from the requirements
under part 93 of title 14, Code of Federal Regulations, or by
other means, make not less than 8 slots at Newark Liberty
International Airport available to enable new entrant air
carriers to provide air transportation.
(c) Applicability.--Subsection (a) shall not apply in any
year--
(1) new entrant air carriers operate 5 percent or more of
the total number of slots at Newark Liberty International
Airport; or
(2) the Secretary makes a determination that making slots
available to enable new entrant air carriers to provide air
transportation at that airport is not in the public interest
and doing so would significantly increase operational delays.
(d) Report to Congress.--The Secretary shall notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives not later than 14 calendar
days after the date a determination is made under subsection
(c)(2), including the reasons for that determination.
Subtitle B--Essential Air Service
SEC. 3201. ESSENTIAL AIR SERVICE.
(a) Authorization Extension.--Section 41742(a) is amended--
(1) in paragraph (2), by striking ``$150,000,000'' and all
that follows though ``July 15, 2016'' and inserting
``$155,000,000 for each of fiscal years 2016 through 2017'';
and
(2) by striking paragraph (3).
(b) Definitions.--Section 41731(a)(1)(A) is amended by
striking clause (ii) and inserting the following:
``(ii) was determined, on or after October 1, 1988, and
before December 1, 2012, under this subchapter by the
Secretary of Transportation to be eligible to receive
subsidized small community air service under section
41736(a);''.
(c) Seasonal Service.--The Secretary of Transportation may
consider the flexibility of current operational dates and
airport accessibility to meet local community needs when
issuing requests for proposal of essential air service at
seasonal airports.
SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM.
(a) Extension of Authorization.--Section 41743(e)(2) 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 2016 through 2017 to carry out this section.
Such sums shall remain available until expended.''.
(b) Eligibility.--Section 41743(c)(1) is amended to read as
follows:
``(1) Size.--On the date of the most recent notice of order
soliciting community proposals issued by the Secretary under
this section, the airport serving the community or
consortium--
``(A) was not larger than a small hub airport, as
determined using the Department of Transportation's most
recent published classification; and
``(B)(i) had insufficient air carrier service; or
``(ii) had unreasonably high air fares.''.
SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS.
(a) In General.--Section 41743(c)(4) is amended--
(1) by inserting ``(B) Same projects.--'' before the second
sentence and indenting appropriately;
(2) by inserting ``(A) In general.--'' before the first
sentence and indenting appropriately;
(3) in subparagraph (B), as designated by this subsection,
by striking ``No community'' and inserting ``Except as
provided in subparagraph (C)''; and
(4) by adding at the end the following:
``(C) Exception.--The Secretary may waive the limitation
under subparagraph (B) related to projects that are the same
if the Secretary determines that the community or consortium
spent little or no money on its previous project or
encountered industry or environmental challenges, due to
circumstances that were reasonably beyond the control of the
community or consortium.''.
(b) Authority to Make Agreements.--Section 41743(e)(1) is
amended by adding at the end the following: ``The Secretary
may amend the scope of a grant agreement at the request of
the community or consortium and any participating air
carrier, and may limit the scope of a grant agreement to only
the elements using grant assistance or to only the elements
achieved, if the Secretary determines that the amendment is
reasonably consistent with the original purpose of the
project.''.
SEC. 3204. WAIVERS.
Section 41732 is amended by adding at the end the
following:
``(c) Waivers.--Notwithstanding section 41733(e), upon
request by an eligible place, the Secretary may waive, in
whole or in part, subsections (a) and (b) of this section or
subsections (a) through (c) of section 41734. A waiver issued
under this subsection shall remain in effect for a limited
period of time, as determined by the Secretary.''.
SEC. 3205. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL
COMMUNITIES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation and
the Administrator of the Federal Aviation Administration
shall establish a working group--
(1) to identify obstacles to attracting and maintaining air
transportation service to and from small communities; and
(2) to develop recommendations for maintaining and
improving air transportation service to and from small
communities.
(b) Outreach.--In carrying out the requirements under
paragraphs (1) and (2) of subsection (a), the working group
shall consult with--
(1) interested Governors;
(2) representatives of State and local agencies, and other
officials and groups, representing rural States and other
rural areas;
(3) other representatives of relevant State and local
agencies; and
(4) members of the public with experience in aviation
safety, pilot training, economic development, and related
issues.
(c) Considerations.--In carrying out the requirements under
paragraphs (1) and (2) of subsection (a), the working group
shall--
(1) consider whether funding for, and terms of, current or
potential new programs is sufficient to help ensure
continuation of or improvement to air transportation service
to small communities, including the Essential Air Service
Program and the Small Community Air Service Development
Program;
(2) identify initiatives to help support pilot training to
provide air transportation service to small communities;
(3) consider whether Federal funding for airports serving
small communities, including airports that have lost air
transportation services or had decreased enplanements in
recent years, is adequate to ensure that small communities
have access to quality, affordable air transportation
service;
(4) consider potential improvements in pilot training and
any constraints affecting pilot career pathways that, if
addressed, would increase both aviation safety and pilot
supply;
(5) identify innovative State or local efforts that have
established public-private partnerships that are successful
in attracting and retaining air transportation service in
small communities; and
(6) consider such other issues as the Secretary and
Administrator consider appropriate.
(d) Composition.--
(1) In general.--The working group shall be facilitated
through the Administrator or the Administrator's designee.
(2) Membership.--Members of the working group shall be
appointed by the Administrator and shall include
representatives of--
(A) State and local government, including State and local
aviation officials;
(B) State Governors;
(C) aviation safety experts;
(D) economic development officials; and
(E) the traveling public from small communities.
(e) Report and Recommendations.--Not later than 1 year
after the date of enactment of this Act, the Secretary and
the Administrator shall submit to the appropriate committees
of Congress a report, including--
(1) a summary of the views expressed by the participants in
the outreach under subsection (b);
(2) a description of the working group's findings,
including the identification of any areas of general
consensus among the non-
[[Page S1968]]
Federal participants in the outreach under subsection (b);
and
(3) any recommendations for legislative or regulatory
action that would assist in maintaining and improving air
transportation service to and from small communities.
TITLE IV--NEXTGEN AND FAA ORGANIZATION
SEC. 4001. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(4) ADS-B out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(5) Nextgen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
Subtitle A--Next Generation Air Transportation System
SEC. 4101. RETURN ON INVESTMENT ASSESSMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the
Administrator's assessment of each NextGen program.
(b) Contents.--The report under subsection (a) shall
include--
(1) an estimate of the date that each NextGen program will
have a positive return on investment;
(2) an assessment of the impacts of each such program for--
(A) the Federal Government; and
(B) the users of the national airspace system;
(3) a description of how each such program directly
contributes to a more safe and efficient air traffic control
system; and
(4) the status of NextGen programs and of the projected
return on investment for each such program.
(c) NextGen Priority List.--Based on the assessment under
subsection (a) the Administrator shall--
(1) develop, in coordination with the NextGen Advisory
Committee and considering the need for a balance between
long-term and near-term user benefits, a prioritization of
each NextGen program;
(2) include the priority list in the report under
subsection (b); and
(3) prepare budget submissions to reflect the current
status of NextGen programs and projected returns on
investment for each program.
(d) Definitions.--In this section:
(1) Key milestones.--The term ``key milestones'' includes
cost and deployment schedule, and benefits anticipated in the
most recent baseline.
(2) Return on investment.--The term ``return on
investment'' means the cost associated with technologies that
are required by law or policy as compared to the benefits
derived from such technologies by a government or a user of
airspace.
(e) Repeal of NextGen Priorities.--Section 202 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note) and the item relating to that section in
the table of contents under section 1(b) of that Act are
repealed.
SEC. 4102. ENSURING FAA READINESS TO USE NEW TECHNOLOGY.
(a) In General.--Not later than December 31, 2017, the
Administrator shall--
(1) ensure the capability of the Administration to receive
space-based ADS-B data; and
(2) use the data described under paragraph (1) to provide
positive air traffic control, including separation of
aircraft over the oceans and other specific regions not
covered by radar.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, and biannually thereafter until the
date that the Administrator certifies that the Administration
has the capability to receive space-based ADS-B data, the
Administrator shall submit to the appropriate committees of
Congress a report that--
(1) details the actions the Administrator has taken to
ensure 2018 readiness and usage;
(2) details the actions that remain to be taken to
implement such capability;
(3) includes a schedule for expected completion of each
outstanding action described in paragraph (2); and
(4) includes a detailed description of the investment
decisions and requests for funding made by the Administrator
that are consistent with the terrestrial ADS-B implementation
to ensure a sustained program beyond 2018.
SEC. 4103. NEXTGEN ANNUAL PERFORMANCE GOALS.
(a) Annual Performance Goals.--Section 214 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Annual Performance Goals.--The Administrator shall
establish annual NextGen performance goals for each of the
performance metrics set forth in subsection (a) to meet the
performance metric baselines identified under subsection (b).
Such goals shall be consistent with the annual performance
objectives established by the senior policy committee
(commonly known as the `NextGen Advisory Committee')
established under section 710 of the Vision 100--Century of
Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C.
40101 note).''.
(b) NextGen Metrics Report.--Section 710(e)(2) of the
Vision 100--Century of Aviation Reauthorization Act (Public
Law 108-176; 49 U.S.C. 40101 note) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) a description of the progress made in meeting the
annual NextGen performance goals relative to the performance
metrics established under section 214 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
(c) Chief NextGen Officer.--Section 106(s)(3) is amended--
(1) in paragraph (2)(B), by adding at the end the
following: ``In evaluating the performance of the Chief
NextGen Officer for the purpose of awarding a bonus under
this subparagraph, the Administrator shall consider the
progress toward meeting the NextGen performance goals
established pursuant to section 214(d) of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''; and
(2) in paragraph (3), by adding at the end the following:
``The annual performance goals set forth in the agreement
shall include quantifiable NextGen airspace performance
objectives regarding efficiency, productivity, capacity, and
safety, which shall be established by the senior policy
committee (commonly known as the `NextGen Advisory
Committee') established under section 710 of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176;
49 U.S.C. 40101 note).''.
SEC. 4104. FACILITY OUTAGE CONTINGENCY PLANS.
(a) Findings.--Congress makes the following findings:
(1) On September 26, 2014, an Administration contract
employee deliberately started a fire that destroyed critical
equipment at the Administration's Chicago Air Route Traffic
Control Center (referred to in this section as the ``Chicago
Center'') in Aurora, Illinois.
(2) As a result of the damage, Chicago Center was unable to
control air traffic for more than 2 weeks, thousands of
flights were delayed or cancelled into and out of O'Hare
International Airport and Midway Airport in Chicago, and
aviation stakeholders and airlines reportedly lost over
$350,000,000.
(3) According to the Office of the Inspector General of the
Department of Transportation, the fire at Chicago Center
demonstrated that the Administration's contingency plans for
the Chicago Center and the airspace it controls do not ensure
redundancy and resiliency for sustained operations.
(4) Further, the Inspector General found that Chicago
Center incident highlighted the limited flexibility and lack
of resiliency in critical elements of the Administration's
current air traffic control infrastructure, including limited
communication capacity and the inability to easily transfer
control of airspace and flight plans.
(b) Comprehensive Contingency Plan.--Not later than 180
days after the date of enactment of this Act, the
Administrator shall update the Administration's comprehensive
contingency plan to address potential air traffic facility
outages that could have a major impact on operation of the
national airspace system.
(c) Report.--Not later than 60 days after the date the plan
is updated under subsection (b), the Administrator shall
submit to the appropriate committees of Congress a report on
the update, including any recommendations for ensuring air
traffic facility outages do not have a major impact on
operation of the national airspace system.
SEC. 4105. ADS-B MANDATE ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) The Administration's ADS-B program is expected to be
the centerpiece of the NextGen effort at the Administration,
but the satellite-based system faces uncertainty and
controversy.
(2) In May 2010, the Administration published a final rule
that mandated airspace users be equipped with ADS-B Out
avionics by January 1, 2020.
(3) Subsequently, in April 2015, the Administration
announced completion of the ADS-B ground-based radio
infrastructure. However, the ADS-B program faces considerable
uncertainty and unanswered questions about whether or not the
2020 mandate is still meaningful.
(4) In 2014, the Office of the Inspector General found that
while ADS-B is providing benefits where radar is limited or
nonexistent in places such as the Gulf of Mexico, the system
is providing only limited initial services to pilots and air
traffic controllers in domestic airspace.
(5) The Office of the Inspector General also found, in
2014, that all elements of the system, such as avionics, the
ground infrastructure, and controller automation systems, had
not yet been tested in combination to determine if the
overall system can be used in congested airspace and perform
as well as existing radar, much less allow aircraft to fly
closer together. This is referred to as ``end-to-end
testing.''
[[Page S1969]]
(6) When this report was issued, commercial and general
aviation stakeholders voiced serious concerns that equipping
with new avionics for the 2020 mandate will be difficult due
to the cost and limited availability of avionics, and
capacity of certified repair stations to install avionics.
(b) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall assess--
(1) Administration and industry readiness to meet the ADS-B
mandate by 2020;
(2) changes to ADS-B program since May 2010; and
(3) additional options to comply with the mandate and
consequences, both for individual system users and for the
overall safety and efficiency of the national airspace
system, for noncompliance.
(c) Report.--Not later than 60 days after the date the
assessment under subsection (b) is complete, the Inspector
General of the Department of Transportation shall submit to
the appropriate committees of Congress a report on the
progress made toward meeting the ADS-B mandate by 2020,
including any recommendations of the Inspector General to
carry out such mandate.
SEC. 4106. NEXTGEN INTEROPERABILITY.
(a) In General.--To implement a more effective
international strategy for achieving NextGen interoperability
with foreign countries, the Administrator shall take the
following actions:
(1) Conduct a gap analysis to identify potential risks to
NextGen interoperability with other Air Navigation Service
Providers and establish a schedule for periodically
reevaluating such risks.
(2) Develop a plan that identifies and documents actions
the Administrator will undertake to mitigate such risks,
using information from the gap analysis as a basis for making
management decisions about how to allocate resources for such
actions.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the analysis
conducted under paragraph (1) of subsection (a) and on the
actions the Administrator has taken under paragraph (2) of
such subsection.
SEC. 4107. NEXTGEN TRANSITION MANAGEMENT.
(a) In General.--The Administrator shall--
(1) identify and analyze technical and operational maturity
gaps in NextGen transition and implementation plans; and
(2) develop a plan to mitigate the gaps identified in
paragraph (1).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the actions
taken to carry out the plan required by subsection (a)(2).
SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL
IMPROVEMENTS.
(a) In General.--To help ensure that NextGen operational
improvements are fully implemented in the midterm, the
Administrator shall--
(1) work with airlines and other users of the national
airspace system (referred to in this section as ``NAS'') to
develop and implement a system to systematically track the
use of existing performance based navigation (referred to in
this section as ``PBN'') procedures;
(2) require consideration of other key operational
improvements in planning for NextGen improvements, including
identifying additional metroplexes for PBN projects, non-
metroplex PBN procedures, as well as the identification of
unused flight routes for decommissioning;
(3) develop and implement guidelines for ensuring timely
inclusion of appropriate stakeholders, including airport
representatives, in the planning and implementation of
NextGen improvement efforts; and
(4) assure that NextGen planning documents provide
stakeholders information on how and when operational
improvements are expected to achieve NextGen goals and
targets.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements of subsection (a),
and on the schedule and process that will be used to
implement PBN at additional airports, including information
on how the Administration will partner and coordinate with
private industry to ensure expeditious implementation of
performance based navigation.
SEC. 4109. CYBERSECURITY.
(a) In General.--The Administrator shall--
(1) identify and implement ways to better incorporate
cybersecurity measures as a systems characteristic at all
levels and phases of the architecture and design of air
traffic control programs, including NextGen programs;
(2) develop a threat model that will identify
vulnerabilities to better focus resources to mitigate
cybersecurity risks;
(3) develop an appropriate plan to mitigate cybersecurity
risk, to respond to an attack, intrusion, or otherwise
unauthorized access and to adapt to evolving cybersecurity
threats; and
(4) foster a cybersecurity culture throughout the
Administration, including air traffic control programs and
relevant contractors.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4110. SECURING AIRCRAFT AVIONICS SYSTEMS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall consider revising Federal Aviation
Administration regulations regarding airworthiness
certification--
(1) to address cybersecurity for avionics systems,
including software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--The Administrator's consideration and
any action taken under subsection (a) shall be in accordance
with the recommendations of the Aircraft Systems Information
Security Protection Working Group under section 5029(d) of
this Act.
SEC. 4111. DEFINING NEXTGEN.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) assess how the line items included in the
Administration's NextGen budget request relate to the goals
and expected outcomes of NextGen, including how NextGen
programs directly contribute to a measurably safer and more
efficient air traffic control system; and
(2) submit to the appropriate committees of Congress a
report on the results of the assessment under paragraph (1),
including any recommendations for the removal of line items
that do not pertain to the overall vision for NextGen.
SEC. 4112. HUMAN FACTORS.
(a) In General.--In order to avoid having to subsequently
modify products and services developed as a part of NextGen,
the Administrator shall--
(1) recognize and incorporate, in early design phases of
all relevant NextGen programs, the human factors and
procedural and airspace implications of stated goals and
associated technical changes; and
(2) ensure that a human factors specialist, separate from
the research and certification groups, is directly involved
with the NextGen approval process.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4113. MAJOR ACQUISITION REPORTS.
(a) In General.--The Administrator shall evaluate the
current acquisition practices of the Administration to ensure
that such practices--
(1) identify the current estimated costs for each
acquisition system, including all segments;
(2) separately identify cumulative amounts for acquisition
costs, technical refresh, and other enhancements in order to
identify the total baselined and re-baselined costs for each
system; and
(3) account for the way funds are being used when reporting
to managers, Congress, and other stakeholders.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4114. EQUIPAGE MANDATES.
(a) In General.--Before NextGen-related equipage mandates
are imposed on users of the national airspace system, the
Administrator, in collaboration with all relevant
stakeholders, shall--
(1) provide a statement of estimated cost and benefits that
is based upon mature and stable technical specifications; and
(2) create a schedule for Administration deliverables and
investments by both users and the Administration, including
for procedure and airspace design, infrastructure deployment,
and training.
SEC. 4115. WORKFORCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) identify and assess barriers to attracting, developing,
training, and retaining a talented workforce in the areas of
systems engineering, architecture, systems integration,
digital communications, and cybersecurity;
(2) develop a comprehensive plan to attract, develop,
train, and retain talented individuals; and
(3) identify the resources needed to attract, develop, and
retain this talent.
(b) Report.--The Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4116. ARCHITECTURAL LEADERSHIP.
(a) In General.--In order to provide an adequate technical
foundation for steering NextGen's technical governance and
managing inevitable changes in technology and operations, the
Administrator shall--
(1) develop a plan that--
(A) uses an architecture leadership community and an
effective governance approach to assure a proper balance
between documents and artifacts and to provide high-level
guidance;
[[Page S1970]]
(B) enables effective management and communication of
dependencies;
(C) provides flexibility and the ability to evolve to
ensure accommodation of future needs; and
(D) communicates changing circumstances in order to align
agency and airspace user expectations;
(2) determine the feasibility of conducting a small number
of experiments among the Administration's system integration
partners to prototype candidate solutions for establishing
and managing a vibrant architectural community; and
(3) develop a method to initiate, grow, and engage a
capable architecture community, from both within and outside
of the Administration, who will expand the breadth and depth
of expertise that is steering architectural changes.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4117. PROGRAMMATIC RISK MANAGEMENT.
(a) In General.--To better inform the Administration's
decisions regarding the prioritization of efforts and
allocation of resources for NextGen, the Administrator
shall--
(1) solicit input from specialists in probability and
statistics to identify and prioritize the programmatic and
implementation risks to NextGen; and
(2) develop a method to manage and mitigate the risks
identified in paragraph (1).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4118. NEXTGEN PRIORITIZATION.
The Administrator shall consider expediting NextGen
modernization implementation projects at public use airports
that share airspace with active military training ranges and
do not have radar coverage where such implementation would
improve the safety of aviation operations.
Subtitle B--Administration Organization and Employees
SEC. 4201. COST-SAVING INITIATIVES.
(a) In General.--To ensure that Administration initiatives
are being implemented in a timely and fiscally responsible
manner, the Administrator shall--
(1) identify and implement agencywide cost-saving
initiatives; and
(2) develop appropriate schedules and metrics to measure
whether the initiatives are successful in reducing costs.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 4202. TREATMENT OF ESSENTIAL EMPLOYEES DURING FURLOUGHS.
(a) Definition of Essential Employee.--In this section, the
term ``essential employee'' means an employee of the
Administration who performs work involving the safety of
human life or the protection of property, as determined by
the Administrator.
(b) In General.--In implementing spending reductions under
Federal law, the Administrator may furlough 1 or more
employees of the Administration, except an essential
employee, if the Administrator determines the furlough is
necessary to achieve the required spending reductions.
(c) Transfer of Budgetary Resources.--The Administrator may
transfer budgetary resources within the Administration to
carry out subsection (b), except that the transfer may only
be made to maintain essential employees.
SEC. 4203. CONTROLLER CANDIDATE INTERVIEWS.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall require that
an in-person interview be conducted with each individual
applying for an air traffic control specialist position
before that individual may be hired to fill that position.
(b) Guidance.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall establish
guidelines regarding the in-person interview process
described in subsection (a).
SEC. 4204. HIRING OF AIR TRAFFIC CONTROLLERS.
(a) In General.--Section 44506 is amended by adding at the
end the following:
``(f) Hiring of Certain Air Traffic Control Specialists.--
``(1) Consideration of applicants.--
``(A) Ensuring selection of most qualified applicants.--In
appointing individuals to the position of air traffic
controllers, the Administrator shall give preferential
consideration to qualified individuals maintaining 52
consecutive weeks of air traffic control experience involving
the full-time active separation of air traffic after receipt
of an air traffic certification or air traffic control
facility rating within 5 years of application while serving
at--
``(i) a Federal Aviation Administration air traffic control
facility;
``(ii) a civilian or military air traffic control facility
of the Department of Defense; or
``(iii) a tower operating under contract with the Federal
Aviation Administration under section 47124 of this title.
``(B) Consideration of additional applicants.--The
Administrator shall consider additional applicants for the
position of air traffic controller by referring an
approximately equal number of employees for appointment among
the 2 applicant pools. The number of employees referred for
consideration from each group shall not differ by more than
10 percent.
``(i) Pool one.--Applicants who:
``(I) have successfully completed air traffic controller
training and graduated from an institution participating in
the Collegiate Training Initiative program maintained under
subsection (c)(1) who have received from the institution--
``(aa) an appropriate recommendation; or
``(bb) an endorsement certifying that the individual would
have met the requirements in effect as of December 31, 2013,
for an appropriate recommendation;
``(II) are eligible for a veterans recruitment appointment
pursuant to section 4214 of title 38, United States Code, and
provide a Certificate of Release or Discharge from Active
Duty within 120 days of the announcement closing;
``(III) are eligible veterans (as defined in section 4211
of title 38, United States Code) maintaining aviation
experience obtained in the course of the individual's
military experience; or
``(IV) are preference eligible veterans (as defined in
section 2108 of title 5, United States Code).
``(ii) Pool two.--Applicants who apply under a vacancy
announcement recruiting from all United States citizens.
``(2) Use of biographical assessments.--
``(A) Biographical assessments.--The Administration shall
not use any biographical assessment when hiring under
subparagraph (A) or subparagraph (B)(i) of paragraph (1).
``(B) Reconsideration of applicants disqualified on the
basis of biographical assessments.--
``(i) In general.--If an individual described in
subparagraph (A) or subparagraph (B)(i) of paragraph (1) who
applied for the position of air traffic controller with the
Administration in response to Vacancy Announcement FAA-AMC-
14-ALLSRCE-33537 (issued on February 10, 2014) and was
disqualified from the position as the result of a
biographical assessment, the Administrator shall provide the
applicant an opportunity to reapply as soon as practicable
for the position under the revised hiring practices.
``(ii) Waiver of age restriction.--The Administrator shall
waive any maximum age restriction for the position of air
traffic controller with the Administration that would
otherwise disqualify an individual from the position if the
individual--
``(I) is reapplying for the position pursuant to clause (i)
on or before December 31, 2017; and
``(II) met the maximum age requirement on the date of the
individual's previous application for the position during the
interim hiring process.
``(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, United States Code,
the maximum limit of age for an original appointment to a
position as an air traffic controller shall be 35 years of
age for those maintaining 52 weeks of air traffic control
experience involving the full-time active separation of air
traffic after receipt of an air traffic certification or air
traffic control facility rating in a civilian or military air
traffic control facility.''.
(b) Notification of Vacancies.--The Administrator shall
consider directly notifying secondary schools and institutes
of higher learning, including Historically Black Colleges and
Universities, Hispanic-serving institutions, Minority
Institutions, and Tribal Colleges and Universities, of the
vacancy announcement under section 44506(f)(1)(B)(ii) of
title 49, United States Code.
SEC. 4205. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR
TRAFFIC CONTROLLERS.
(a) In General.--Section 8415(f) of title 5, United States
Code, is amended to read as follows:
``(f) The annuity of an air traffic controller or former
air traffic controller retiring under section 8412(a) is
computed under subsection (a), except that if the individual
has at least 5 years of service in any combination as:
``(1) an air traffic controller as defined by section
2109(1)(A)(i);
``(2) a first level supervisor of an air traffic controller
as defined by section 2109(1)(A)(i); or
``(3) a second level supervisor of an air traffic
controller as defined by section 2109(1)(A)(i);
so much of the annuity as is computed with respect to such
type of service shall be computed by multiplying 1 7/10
percent of the individual's average pay by the years of such
service.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be deemed to be effective on December 12, 2003.
(c) Procedures Required.--The Director of the Office of
Personnel Management shall establish such procedures as are
necessary to provide for--
(1) notification to each annuitant affected by the
amendments made by this section;
(2) recalculation of the benefits of affected annuitants;
(3) an adjustment to applicable monthly benefit amounts
pursuant to such recalculation, to begin as soon as is
practicable; and
[[Page S1971]]
(4) a lump sum payment to each affected annuitant equal to
the additional total benefit amount that such annuitant would
have received had the amendment made by subsection (a) been
in effect on December 12, 2003.
SEC. 4206. 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. 4207. FULL ANNUITY SUPPLEMENT FOR CERTAIN AIR TRAFFIC
CONTROLLERS.
Section 8421a of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``The amount'' and
inserting ``Except as provided in subsection (c), the
amount'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) This section shall not apply to an individual
described in section 8412(e) during any period in which the
individual, after separating from the service as described in
that section, is employed full-time as an air traffic control
instructor under contract with the Federal Aviation
Administration, including an instructor working at an on-site
facility (such as an airport).''.
SEC. 4208. INCLUSION OF DISABLED VETERAN LEAVE IN FEDERAL
AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
(a) In General.--Section 40122(g)(2) is amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(J) subject to paragraph (4), section 6329, relating to
disabled veteran leave.''.
(b) Certification of Leave.--Section 40122(g) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Certification of disabled veteran leave.--In order to
verify that leave credited to an employee pursuant to
paragraph (2)(J) is used for treating a service-connected
disability, that employee shall, notwithstanding section
6329(c) of title 5, submit to the Assistant Administrator for
Human Resource Management of the Federal Aviation
Administration certification, in such form and manner as the
Administrator of the Federal Aviation Administration may
prescribe, that the employee used that leave for purposes of
being furnished treatment for that disability by a health
care provider.''.
(c) Application.--The amendments made by this section shall
apply with respect to any employee of the Federal Aviation
Administration hired on or after the date that is 1 year
after the date of enactment of this Act.
(d) Policies and Procedures.--Not later than 270 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall prescribe policies and
procedures to carry out the amendments made by this section
that are comparable, to the maximum extent practicable, to
the regulations prescribed by the Office of Personnel
Management under section 6329 of title 5, United States Code.
(e) Annual Report.--Not later than 1 year after the date of
enactment of this Act and not less frequently than once each
year thereafter until the date that is 5 years after the date
of enactment of this Act, the Administrator shall publish on
a publicly accessible Internet Web site a report on--
(1) the effect carrying out this section and the amendments
made by this section has had on the workforce; and
(2) the number of veterans benefitting from carrying out
this section and the amendments made by this section.
TITLE V--MISCELLANEOUS
SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD INVESTIGATIVE
OFFICERS.
Section 1113 is amended by striking subsection (h).
SEC. 5002. PERFORMANCE-BASED NAVIGATION.
Section 213(c) of the FAA Modernization and Reform Act of
2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by
adding at the end the following:
``(3) Notifications and consultations.--Not later than 90
days before applying a categorical exclusion under this
subsection to a new procedure at an OEP airport, the
Administrator shall--
``(A) notify and consult with the operator of the airport
at which the procedure would be implemented; and
``(B) consider consultations or other engagement with the
community in the which the airport is located to inform the
public of the procedure.
``(4) Review of certain categorical exclusions.--
``(A) In general.--The Administrator shall review any
decision of the Administrator made on or after February 14,
2012, and before the date of enactment of this paragraph to
grant a categorical exclusion under this subsection with
respect to a procedure to be implemented at an OEP airport
that was a material change from procedures previously in
effect at the airport to determine if the implementation of
the procedure had a significant effect on the human
environment in the community in which the airport is located
if the operator of that airport--
``(i) requests such a review; and
``(ii) demonstrates that there is good cause to believe
that the implementation of the procedure had such an effect.
``(B) Content of review.--If, in conducting a review under
subparagraph (A) with respect to a procedure implemented at
an OEP airport, the Administrator, in consultation with the
operator of the airport, determines that implementing the
procedure had a significant effect on the human environment
in the community in which the airport is located, the
Administrator shall--
``(i) consult with the operator of the airport to identify
measures to mitigate the effect of the procedure on the human
environment; and
``(ii) in conducting such consultations, consider the use
of alternative flight paths that do not substantially degrade
the efficiencies achieved by the implementation of the
procedure being reviewed.
``(C) Human environment defined.--In this paragraph, the
term `human environment' has the meaning given such term in
section 1508.14 of title 40, Code of Federal Regulations (as
in effect on the day before the date of enactment of this
paragraph).''.
SEC. 5003. OVERFLIGHTS OF NATIONAL PARKS.
Section 40128 is amended--
(1) in subsection (a)(3), by striking ``the'' before
``title 14''; and
(2) by amending subsection (f) to read as follows:
``(f) Transportation Routes.--
``(1) In general.--This section shall not apply to any air
tour operator while flying over or near any Federal land
managed by the Director of the National Park Service,
including Lake Mead National Recreation Area, solely as a
transportation route, to conduct an air tour over the Grand
Canyon National Park.
``(2) En route.--For purposes of this subsection, an air
tour operator flying over the Hoover Dam in the Lake Mead
National Recreation Area en route to the Grand Canyon
National Park shall be deemed to be flying solely as a
transportation route.''.
SEC. 5004. NAVIGABLE AIRSPACE ANALYSIS FOR COMMERCIAL SPACE
LAUNCH SITE RUNWAYS.
(a) In General.--Section 44718(b)(1) is amended-
(1) by striking ``air navigation facilities and equipment''
and inserting ``air or space navigation facilities and
equipment'';
(2) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) 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.''.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking to
implement the amendments made by subsection (a).
SEC. 5005. SURVEY AND REPORT ON SPACEPORT DEVELOPMENT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report on
the existing system of spaceports licensed by the Federal
Aviation Administration that includes recommendations
regarding--
(1) the extent to which, and the manner in which, the
Federal Government could participate in the construction,
improvement, development, or maintenance of such spaceports;
and
(2) potential funding sources.
SEC. 5006. 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 the 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 on which the Administration completes the
Piston Aviation Fuels Initiative; or
[[Page S1972]]
(2) the date on which the American Society for Testing and
Materials publishes a production specification for an
unleaded aviation gasoline.
SEC. 5007. COMPREHENSIVE AVIATION PREPAREDNESS PLAN.
(a) In General.--No later than 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Health and Human Services, in coordination
with the Secretary of Homeland Security, the Secretary of
Labor, the Secretary of State, the Secretary of Defense, and
representatives of other Federal departments and agencies, as
necessary, shall develop a comprehensive national aviation
communicable disease preparedness plan.
(b) Minimum Components.--The plan developed under
subsection (a) shall--
(1) be developed in consultation with other relevant
stakeholders, including State, local, tribal, and territorial
governments, air carriers, first responders, and the general
public;
(2) provide for the development of a communications system
or protocols for providing comprehensive, appropriate, and
up-to-date information regarding communicable disease threats
and preparedness between all relevant stakeholders;
(3) document the roles and responsibilities of relevant
Federal department and agencies, including coordination
requirements;
(4) provide guidance to air carriers, airports, and other
appropriate aviation stakeholders on how to develop
comprehensive communicable disease preparedness plans for
their respective organizations, in accordance with the plan
to be developed under subsection (a);
(5) be scalable and adaptable so that the plan can be used
to address the full range of communicable disease threats and
incidents;
(6) provide information on communicable threats and
response training resources for all relevant stakeholders,
including Federal, State, local, tribal, and territorial
government employees, airport officials, aviation industry
employees and contractors, first responders, and health
officials;
(7) develop protocols for the dissemination of
comprehensive, up-to-date, and appropriate information to the
traveling public concerning communicable disease threats and
preparedness;
(8) be updated periodically to incorporate lessons learned
with supplemental information; and
(9) be provided in writing, electronically, and accessible
via the Internet.
(c) Interagency Framework.--The plan developed under
subsection (a) shall--
(1) be conducted under the existing interagency framework
for national level all hazards emergency preparedness
planning or another appropriate framework; and
(2) be consistent with the obligations of the United States
under international agreements.
SEC. 5008. ADVANCED MATERIALS CENTER OF EXCELLENCE.
(a) In General.--Chapter 445 is amended by adding at the
end the following:
``Sec. 44518. Advanced Materials Center of Excellence
``(a) In General.--The Administrator of the Federal
Aviation Administration shall continue operation of the
Advanced Materials Center of Excellence (referred to in this
section as the `Center') under its structure as in effect on
March 1, 2016, which shall focus on applied research and
training on the durability and maintainability of advanced
materials in transport airframe structures.
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among academia,
the Transportation Division of the Federal Aviation
Administration, and the commercial aircraft industry,
including manufacturers, commercial air carriers, and
suppliers; and
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator $500,000 for each of
the fiscal years 2016 and 2017 to carry out this section.''.
(b) Table of Contents.--The table of contents for chapter
445 is amended by adding at the end the following:
``44518. Advanced Materials Center of Excellence.''.
SEC. 5009. INTERFERENCE WITH AIRLINE EMPLOYEES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) complete a study of crimes of violence (as defined in
section 16 of title 18, United States Code) committed against
airline customer service representatives while they are
performing their duties and on airport property; and
(2) submit the findings of the study, including any
recommendations, to Congress.
(b) Gap Analysis.--The study shall include a gap analysis
to determine if State and local laws and resources are
adequate to deter or otherwise address the crimes of violence
described in subsection (a) and recommendations on how to
address any identified gaps.
SEC. 5010. SECONDARY COCKPIT BARRIERS.
(a) Short Title.--This section may be cited as the
``Saracini Aviation Safety Act of 2016''.
(b) Requirement.--Not later than one year after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue an order requiring
installation of a secondary cockpit barrier on each new
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. 5011. GAO EVALUATION AND AUDIT.
Section 15(a)(1) of the Railway Labor Act (45 U.S.C.
165(a)(1)) is amended by striking ``2 years'' and inserting
``4 years''.
SEC. 5012. FEDERAL AVIATION ADMINISTRATION PERFORMANCE
MEASURES AND TARGETS.
(a) Performance Measures.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
Transportation shall establish performance measures relating
to the administration of the Federal Aviation Administration,
which shall, at a minimum, include measures to assess--
(1) the reduction of delays in the completion of projects;
and
(2) the effectiveness of the Administration in achieving
the goals described in section 47171 of title 49, United
States Code.
(b) Performance Targets.--Not later than 180 days after the
date on which the Secretary establishes performance measures
in accordance with subsection (a), the Secretary shall
establish performance targets relating to each of the
measures described in that subsection.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall submit to Congress a
report describing the progress of the Secretary in meeting
the performance targets established under subsection (b).
SEC. 5013. STAFFING OF CERTAIN AIR TRAFFIC CONTROL TOWERS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure appropriate staffing at the Core
30 air traffic control towers and associated terminal radar
approach control facilities and air route traffic control
centers and ensure, as appropriate, staffing levels at those
control towers, facilities, and centers are not below the
average number of air traffic controllers between the
``high'' and ``low'' staffing ranges, as specified in the
document of the Federal Aviation Administration entitled, ``A
Plan for the Future: 10-Year Strategy for Air Traffic Control
Workforce 2015-2024''.
(b) Retention.--The Administrator shall review strategies
to improve retention of experienced certified professional
controllers at the control towers, facilities, and centers
described in subsection (a)(1).
SEC. 5014. 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 12-month period at no fewer than 2
primary airports in varying weather conditions to measure the
retroflectivity levels of such markings on a quarterly basis;
and
(2) a study at 2 other airports carried out by applying
Type III beads on one 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 6-month period.
SEC. 5015. RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD
PAVEMENT TECHNOLOGIES.
Using amounts made available under section 48102(a) of
title 49, United States Code, the Administrator of the
Federal Aviation Administration shall carry out a program for
the research and deployment of aircraft pavement technologies
under which the Administrator makes grants to, and enters
into cooperative agreements with, institutions of higher
education and nonprofit organizations that--
(1) research concrete and asphalt airfield pavement
technologies that extend the life of airfield pavements;
(2) develop and conduct training;
(3) provide for demonstration projects; and
(4) promote the latest airfield pavement technologies to
aid in the development of safer, more cost effective, and
more durable airfield pavements.
SEC. 5016. REPORT ON GENERAL AVIATION FLIGHT SHARING.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a
report assessing the feasibility of flight sharing for
general aviation. The report shall include an assessment of
any regulations that may need to be updated to allow for safe
and efficient flight sharing, including regulations imposing
limitations on the forms of communication persons who hold
private pilot certificates may use.
SEC. 5017. INCREASE IN DURATION OF GENERAL AVIATION 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 5 years.
[[Page S1973]]
SEC. 5018. MODIFICATION OF LIMITATION OF LIABILITY RELATING
TO AIRCRAFT.
Section 44112(b) is amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 5019. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF ILLEGAL
DRUGS SEIZED AT INTERNATIONAL AIRPORTS IN THE
UNITED STATES.
(a) In General.--The Comptroller General of the United
States shall conduct a study of illegal drugs, including
heroin, fentanyl, and cocaine, seized by Federal authorities
at international airports in the United States.
(b) Elements.--In conducting the study required by
subsection (a), the Comptroller General shall address, at a
minimum--
(1) the types and quantities of drugs seized;
(2) the origin of the drugs seized;
(3) the airport at which the drugs were seized;
(4) the manner in which the drugs were seized; and
(5) the manner in which the drugs were transported.
(c) Use of Data; Recommendations for Additional Data
Collection.--In conducting the study required by subsection
(a), the Comptroller General shall use all available data. If
the Comptroller General determines that additional data is
needed to fully understand the extent to which illegal drugs
enter the United States through international airports in the
United States, the Comptroller General shall develop
recommendations for the collection of that data.
(d) Submission to Congress.--Not later than 180 days after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the study conducted
under subsection (a) that includes any recommendations
developed under subsection (c).
SEC. 5020. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION
OF DISEASE-CARRYING MOSQUITOES AND OTHER
INSECTS ON COMMERCIAL AIRCRAFT.
It is the sense of Congress that the Secretary of
Transportation and the Secretary of Agriculture should, in
coordination and consultation with the World Health
Organization, develop a framework and guidance for the use of
safe, effective, and nontoxic means of preventing the
transportation of disease-carrying mosquitoes and other
insects on commercial aircraft.
SEC. 5021. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
METROPLEX PROGRAM.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall develop and publish in the Federal Register a work plan
for the New York/New Jersey/Philadelphia metroplex program.
SEC. 5022. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES
IN THE NEW YORK CITY AND NEWARK REGION.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a
report on the Federal Aviation Administration's staffing and
scheduling plans for air traffic control facilities in the
New York City and Newark region for the 1-year period
beginning on such date of enactment.
SEC. 5023. GAO STUDY OF INTERNATIONAL AIRLINE ALLIANCES.
(a) In General.--The Comptroller General of the United
States shall conduct a study of certain cooperative
agreements between United States air carriers and non-United
States air carriers (referred to in this section as
``alliances''), which--
(1) have been created pursuant to section 41309 of title
49, United States Code; and
(2) have been exempted from antitrust laws (as defined in
the first section of the Clayton Act (15 U.S.C. 12)) pursuant
to section 41308 of title 49, United States Code.
(b) Scope.--The study conducted under subsection (a) shall
assess--
(1) the consequences of alliances, including reduced
competition, stifling new entrants into markets, increasing
prices in markets, and other adverse consequences;
(2) the representations made by air carriers to the
Secretary of Transportation for the necessity of an antitrust
exemption;
(3) the Department of Transportation's expectations of
public benefits resulting from alliances, including whether
such expected benefits were actually achieved;
(4) the adequacy of the Department of Transportation's
efforts in the approval and monitoring of alliances,
including possessing relevant experience and expertise in the
fields of antitrust and consumer protection;
(5) whether there has been sufficient transparency in the
approval of alliances, including opportunities for public
review and feedback;
(6) the role of the Department of Justice in the oversight
of alliances;
(7) whether there are alternatives to antitrust immunity
that could be conferred that would also produce public
benefits;
(8) whether alliances should be required to expire;
(9) the level of competition between air carriers who are
members of the same alliance;
(10) the level of competition between alliances;
(11) whether the Department of Transportation should amend,
modify, or revoke any exemption from the antitrust laws
granted by the Secretary of Transportation in connection with
an alliance; and
(12) the effect of alliances on the number and quality of
jobs for United States air carrier flight crew employees,
including the share of alliance flying done by such
employees.
(c) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General shall
submit to Congress the results of the study conducted under
subsection (a), which shall include recommendations on the
reforms needed to improve competition and enhance choices for
consumers, including--
(1) whether oversight of alliances should be exercised by
the Department of Justice rather than by the Department of
Transportation; and
(2) whether antitrust immunity for alliances should expire.
SEC. 5024. TREATMENT OF MULTI-YEAR LESSEES OF LARGE AND
TURBINE-POWERED MULTIENGINE AIRCRAFT.
The Secretary of Transportation shall revise such
regulations as may be necessary to ensure that multi-year
lessees and owners of large and turbine-powered multiengine
aircraft are treated equally for purposes of joint ownership
policies of the Federal Aviation Administration.
SEC. 5025. EVALUATION OF EMERGING TECHNOLOGIES.
(a) Study.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the
aviation community and institutions of higher education (as
defined in section 101(a) of the Higher Education Act of 1964
(20 U.S.C. 1001(a))), shall conduct a study to evaluate the
potential impact of emerging technologies, such as electric
propulsion and autonomous control, on the current state of
aircraft design, operations, maintenance, and licensing.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit a
report to the appropriate committees of Congress that
summarizes the results of the study conducted under
subsection (a).
SEC. 5026. STUDENT OUTREACH REPORT.
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall submit a report to the appropriate committees of
Congress that describes the Administration's existing
outreach efforts, such as the STEM Aviation and Space
Education Outreach Program, to elementary and secondary
students who are interested in careers in science,
technology, engineering, art, and mathematics--
(1) to prepare and inspire such students for aeronautical
careers; and
(2) to mitigate an anticipated shortage of pilots and other
aviation professionals.
SEC. 5027. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL
SYSTEM.
Notwithstanding any other provision of law, the Federal
Aviation Administration, as appropriate, 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. 5028. CONDUCT OF SECURITY SCREENING BY THE
TRANSPORTATION SECURITY ADMINISTRATION AT
CERTAIN AIRPORTS.
(a) In General.--The Administrator of the Transportation
Security Administration shall provide for security screening
to be conducted by the Transportation Security Administration
at, and provide all necessary staff and equipment to, any
airport--
(1) that lost commercial air service on or after January 1,
2013; and
(2) the operator of which, following the loss described in
paragraph (1), submits to the Administrator--
(A) a request for security screening to be conducted at the
airport by the Transportation Security Administration; and
(B) written confirmation of a commitment from a commercial
air carrier--
(i) that the air carrier wants to provide commercial air
service at the airport; and
(ii) that such service will commence not later than 1 year
after the date of the submission of the request under
subparagraph (A).
(b) Deadline.--The Administrator of the Transportation
Security Administration shall ensure that the process of
implementing security screening by the Transportation
Security Administration at an airport described in subsection
(a) is complete not later than the later of--
(1) the date that is 90 days after the date on which the
operator of the airport submits to the Administrator a
request for such screening under paragraph (2)(A) of that
subsection; or
(2) the date on which the air carrier intends to provide
commercial air service at the airport.
(c) Effect on Other Airports.--The Administrator of the
Transportation Security Administration shall carry out this
section in a manner that does not negatively affect
operations at airports that are provided security screening
by the Transportation Security Administration.
SEC. 5029. AVIATION CYBERSECURITY.
(a) Comprehensive Aviation Framework.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall facilitate and support the
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development of a comprehensive framework of principles and
policies to reduce cybersecurity risks to the national
airspace system, civil aviation, and agency information
systems.
(2) Scope.--As part of the principles and policies under
paragraph (1), the Administrator shall--
(A) clarify cybersecurity roles and responsibilities of
offices and employees, including governance structures of any
advisory committees addressing cybersecurity at the Federal
Aviation Administration;
(B) recognize the interactions of different components of
the national airspace system and the interdependent and
interconnected nature of aircraft and air traffic control
systems;
(C) identify and implement objectives and actions to reduce
cybersecurity risks to the air traffic control information
systems, including actions to improve implementation of
information security standards and best practices of the
National Institute of Standards and Technology, and policies
and guidance issued by the Office of Management and Budget
for agency systems;
(D) support voluntary efforts by industry, RTCA, Inc., or
standards-setting organizations to develop and identify
consensus standards, best practices, and guidance on aviation
systems information security protection, consistent with the
activities described in section 2(e) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(e));
and
(E) establish guidelines for the voluntary sharing of
information between and among aviation stakeholders
pertaining to aviation-related cybersecurity incidents,
threats, and vulnerabilities.
(3) Limitations.--In carrying out the activities under this
section, the Administrator shall--
(A) coordinate with aviation stakeholders, including
industry, airlines, manufacturers, airports, RTCA, Inc., and
unions;
(B) consult with the Secretary of Defense, Secretary of
Homeland Security, Director of National Institute of
Standards and Technology, the heads of other relevant
agencies, and international regulatory authorities; and
(C) evaluate on a periodic basis, but not less than once
every 2 years, the effectiveness of the principles
established under this subsection.
(b) Threat Model.--The Secretary of Transportation, in
coordination with the Administrator of the Federal Aviation
Administration, shall implement the open recommendation
issued in 2015 by the Government Accountability Office to
assess the potential cost and timetable of developing and
maintaining an agency-wide threat model to strengthen
cybersecurity across the Federal Aviation Administration.
(c) Secure Access to Facilities and Systems.--
(1) Identity management requirements.--Not later than 1
year after the date of enactment of this Act, the Secretary
of Transportation shall implement open recommendations issued
in 2014 by the Inspector General of the Department of
Transportation--
(A) to work with the Federal Aviation Administration to
revise its plan to effectively transition remaining users to
require personal identity verification, including create a
plan of actions and milestones with a planned completion date
to monitor and track progress; and
(B) to work with the Director of the Office of Security of
the Department of Transportation to develop or revise plans
to effectively transition remaining facilities to require
personal identity verification cards at the Federal Aviation
Administration.
(2) Identity management assessment.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
prepare a plan to implement the use of identity management,
including personal identity verification, at the Federal
Aviation Administration, consistent with section 504 of the
Cybersecurity Enhancement Act of 2014 (Public Law 113-274; 15
U.S.C. 7464) and section 225 of title II of division N of the
Cybersecurity Act of 2015 (Public Law 114-113; 129 Stat.
2242).
(B) Contents.--The plan shall include--
(i) an assessment of the current implementation and use of
identity management, including personal identity
verification, at the Federal Aviation Administration for
secure access to government facilities and information
systems, including a breakdown of requirements for use and
identification of which systems and facilities are enabled to
use personal identity verification; and
(ii) the actions to be taken, including specified
deadlines, by the Chief Information Officers of the
Department of Transportation and the Federal Aviation
Administration to increase the implementation and use of such
measures, with the goal of 100 percent implementation across
the agency.
(3) Report.--The Secretary shall submit the plan to the
appropriate committees of Congress.
(4) Classified information.--The report submitted under
paragraph (3) shall be in unclassified form, but may include
a classified annex.
(d) Aircraft Security.--
(1) In general.--The Aircraft Systems Information Security
Protection Working Group shall periodically review
rulemaking, policy, and guidance for certification of
avionics software and hardware (including any system on board
an aircraft) and continued airworthiness in order to reduce
cybersecurity risks to aircraft systems.
(2) Requirements.--In conducting the reviews, the working
group--
(A) shall assess the cybersecurity risks to aircraft
systems, including recognizing the interactions of different
components of the national airspace system and the
interdependent and interconnected nature of aircraft and air
traffic control systems;
(B) shall assess the extent to which existing rulemaking,
policy, and guidance to promote safety also promote aircraft
systems information security protection; and
(C) based on the results of subparagraphs (A) and (B), may
make recommendations to the Administrator of the Federal
Aviation Administration if separate or additional rulemaking,
policy, or guidance is needed to address aircraft systems
information security protection.
(3) In-flight entertainment systems review.--As part of its
review under subparagraphs (A) and (B) of paragraph (2), the
working group shall review the cybersecurity risks of in-
flight entertainment systems to consider whether such systems
can and should be isolated and separate from systems required
for safe flight and operations, including reviewing standards
for air gaps or other means determined appropriate.
(4) Recommendations.--In any recommendation under paragraph
(2)(C), the working group shall identify a cost-effective and
technology-neutral approach and incorporate voluntary
consensus standards and best practices and international
practices to the fullest extent possible.
(5) Report.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, and periodically thereafter, the
working group shall provide a report to the Administrator of
the Federal Aviation Administration on the findings of the
review and any recommendations.
(B) Congress.--The Administrator shall submit to the
appropriate committees of Congress a copy of each report
provided by the working group.
(6) Classified information.--Each report submitted under
this subsection shall be in unclassified form, but may
include a classified annex.
(e) Cybersecurity Implementation Progress.--The
Administrator of the Federal Aviation Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion
date, provide to the appropriate committees of Congress a
briefing on the actions the Administrator has taken to
improve information security management, including the steps
taken to implement subsections (a), (b) and (c) and all of
the issues and open recommendations identified in
cybersecurity audit reports issued in 2014 and 2015 by the
Inspector General of the Department of Transportation and the
Government Accountability Office; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees
of Congress on the steps taken to improve information
security management, including implementation of subsections
(a), (b) and (c) and all of the issues and open
recommendations identified in the cybersecurity audit reports
issued in 2014 and 2015 by the Inspector General of the
Department of Transportation and the Government
Accountability Office.
SEC. 5030. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 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 or other substances to a user of the device in the
form of a vapor that is inhaled to simulate the experience of
smoking.''.
SEC. 5031. NATIONAL MULTIMODAL FREIGHT ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation shall
establish a national multimodal freight advisory committee
(referred to in this section as the ``Committee'') in the
Department of Transportation, which shall consist of a
balanced cross-section of public and private freight
stakeholders representative of all freight transportation
modes, including--
(1) airports, highways, ports and waterways, rail, and
pipelines;
(2) shippers;
(3) carriers;
(4) freight-related associations;
(5) the freight industry workforce;
(6) State departments of transportation;
(7) local governments;
(8) metropolitan planning organizations;
(9) regional or local transportation authorities, such as
port authorities;
(10) freight safety organizations; and
(11) university research centers.
(b) Purpose.--The purpose of the Committee shall be to
promote a safe, economically efficient, and environmentally
sustainable national freight system.
(c) Duties.--The Committee, in consultation with State
departments of transportation and metropolitan planning
organizations, shall provide advice and recommendations to
the Secretary of Transportation on
[[Page S1975]]
matters related to freight transportation in the United
States, including--
(1) the implementation of freight transportation
requirements;
(2) the establishment of a National Multimodal Freight
Network under section 70103 of title 49, United States Code;
(3) the development of the national freight strategic plan
under section 70102 of such title;
(4) the development of measures of conditions and
performance in freight transportation;
(5) the development of freight transportation investment,
data, and planning tools; and
(6) recommendations for Federal legislation.
(d) Qualifications.--Each member of the Committee shall be
sufficiently qualified to represent the interests of the
member's specific stakeholder group, such as--
(1) general business and financial experience;
(2) experience or qualifications in the areas of freight
transportation and logistics;
(3) experience in transportation planning, safety,
technology, or workforce issues;
(4) experience representing employees of the freight
industry;
(5) experience representing State or local governments or
metropolitan planning organizations in transportation-related
issues; or
(6) experience in trade economics relating to freight
flows.
(e) Support Staff, Information, and Services.--The
Secretary of Transportation shall provide support staff for
the Committee. Upon the request of the Committee, the
Secretary shall provide such information, administrative
services, and supplies as the Secretary considers necessary
for the Committee to carry out its duties under this section.
SEC. 5032. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Airport Capacity Enhancement Projects at Congested
Airports.--Section 40104(c) is amended by striking ``47176''
and inserting ``47175''.
(b) Consultation on Carrier Response Not Covered by Plan.--
Section 41313(c)(16), as amended by section 3104 of this Act,
is further amended by striking ``the foreign air carrier will
consult'' and inserting ``will consult''.
(c) Weighing Mail.--Section 41907 is amended by striking
``and -administrative'' and inserting ``and administrative''.
(d) Flight Attendant Certification.--Section 44728 is
amended--
(1) in subsection (c), by striking ``chapter'' and
inserting ``title''; and
(2) in subsection (d)(3), by striking ``is'' and inserting
``be''.
(e) Schedule of Fees.--Section 45301(a)(1) is amended by
striking ``United States government'' and inserting ``United
States Government''.
(f) Classified Evidence.--Section 46111(g)(2)(A) is amended
by striking ``(18 U.S.C. App.)'' and inserting ``(18 U.S.C.
App.))''.
(g) Allowable Cost Standards.--Section 47110(b)(2) is
amended--
(1) in subparagraph (B), by striking ``compatability'' and
inserting ``compatibility''; and
(2) in subparagraph (D)(i), by striking ``climactic'' and
inserting ``climatic''.
(h) Definition of Qualified HUBZone Small Business
Concern.--Section 47113(a)(3) is amended by striking ``(15
U.S.C. 632(o))'' and inserting ``(15 U.S.C. 632(p))''.
(i) Discretionary Fund.--Section 47115, as amended by
section 1006 of this Act, is further amended--
(1) by striking subsection (i); and
(2) by redesignating subsection (j) as subsection (i).
(j) Special Apportionment Categories.--Section
47117(e)(1)(B) is amended by striking ``at least'' and
inserting ``At least''.
(k) Solicitation and Consideration of Comments.--Section
47171(l) is amended by striking ``4371'' and inserting
``4321''.
(l) Operations and Maintenance.--Section 48104 is amended
by striking ``(a) Authorization of Appropriations.--the'' and
inserting ``The''.
(m) Expenditures From Airport and Airway Trust Fund.--
Section 9502(d)(2) of the Internal Revenue Code of 1986 is
amended by striking ``farms'' and inserting ``farms)''.
SEC. 5033. VISIBLE DETERRENT.
Section 1303 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1112) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) if the VIPR team is deployed to an airport, shall
require, as appropriate based on risk, that the VIPR team
conduct operations--
``(A) in the sterile area and any other areas to which only
individuals issued security credentials have unescorted
access; and
``(B) in non-sterile areas.''; and
(2) in subsection (b), by striking ``such sums as necessary
for fiscal years 2007 through 2011'' and inserting ``such
sums as necessary, including funds to develop not more than
60 VIPR teams, for fiscal years 2016 through 2017''.
SEC. 5034. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND
ACTIVE SHOOTER INCIDENTS.
Section 2006(a)(2) of the Homeland Security Act of 2002 (6
U.S.C. 607(a)(2)) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) training exercises to enhance preparedness for and
response to mass casualty and active shooter incidents and
security events at public locations, including airports and
mass transit systems;''.
SEC. 5035. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION
SYSTEMS.
Section 2008(a) of the Homeland Security Act of 2002 (6
U.S.C. 609(a)) is amended--
(1) by redesigning paragraphs (9) through (13) as
paragraphs (10) through (14), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) enhancing the security and preparedness of secure and
non-secure areas of eligible airports and surface
transportation systems.''.
SEC. 5036. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2
AIRPLANES.
(a) In General.--Notwithstanding section 47534 of title 49,
United States Code, not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a pilot program to
permit the operator of a Stage 2 airplane to operate that
airplane in nonrevenue service into not more than four medium
hub airports or nonhub airports if--
(1) the airport--
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that--
(i) is longer than 8,000 feet and not less than 200 feet
wide; and
(ii) is load bearing with a pavement classification number
of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the Stage 2 airplane operates not more
than 10 flights per month using that airplane.
(b) Termination.--The regulations required by subsection
(a) shall terminate on the earlier of--
(1) the date that is 10 years after the date of the
enactment of this Act; or
(2) the date on which the Administrator determines that no
Stage 2 airplanes remain in service.
(c) Definitions.--In this section:
(1) Medium hub airport; nonhub airport.--The terms ``medium
hub airport'' and ``nonhub airport'' have the meanings given
those terms in section 40102 of title 49, United States Code.
(2) Stage 2 airplane.--The term ``Stage 2 airplane'' has
the meaning given that term in section 91.851 of title 14,
Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act).
TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION
Subtitle A--Airport Security Enhancement and Oversight Act
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Airport Security
Enhancement and Oversight Act''.
SEC. 6102. FINDINGS.
Congress makes the following findings:
(1) A number of recent airport security breaches in the
United States have involved the use of Secure Identification
Display Area (referred to in this section as ``SIDA'')
badges, the credentials used by airport and airline workers
to access the secure areas of an airport.
(2) In December 2014, a Delta ramp agent at Hartsfield-
Jackson Atlanta International Airport was charged with using
his SIDA badge to bypass airport security checkpoints and
facilitate an interstate gun smuggling operation over a
number of months via commercial aircraft.
(3) In January 2015, an Atlanta-based Aviation Safety
Inspector of the Federal Aviation Administration used his
SIDA badge to bypass airport security checkpoints and
transport a firearm in his carry-on luggage.
(4) In February 2015, a local news investigation found that
over 1,000 SIDA badges at Hartsfield-Jackson Atlanta
International Airport were lost or missing.
(5) In March 2015, and again in May 2015, Transportation
Security Administration contractors were indicted for
participating in a drug smuggling ring using luggage passed
through the secure area of the San Francisco International
Airport.
(6) The Administration has indicated that it does not
maintain a list of lost or missing SIDA badges, and instead
relies on airport operators to track airport worker
credentials.
(7) The Administration rarely uses its enforcement
authority to fine airport operators that reach a certain
threshold of missing SIDA badges.
(8) In April 2015, the Aviation Security Advisory Committee
issued 28 recommendations for improvements to airport access
control.
(9) In June 2015, the Inspector General of the Department
of Homeland Security reported that the Administration did not
have all relevant information regarding 73 airport workers
who had records in United States intelligence-related
databases because the Administration was not authorized to
receive all terrorism-related information under current
interagency watchlisting policy.
(10) The Inspector General also found that the
Administration did not have appropriate
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checks in place to reject incomplete or inaccurate airport
worker employment investigations, including criminal history
record checks and work authorization verifications, and had
limited oversight over the airport operators that the
Administration relies on to perform criminal history and work
authorization checks for airport workers.
(11) There is growing concern about the potential insider
threat at airports in light of recent terrorist activities.
SEC. 6103. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(4) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title
49, United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) SIDA.--The term ``SIDA'' means Secure Identification
Display Area as defined in section 1540.5 of title 49, Code
of Federal Regulations, or any successor regulation to such
section.
SEC. 6104. THREAT ASSESSMENT.
(a) Insider Threats.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct or
update an assessment to determine the level of risk posed to
the domestic air transportation system by individuals with
unescorted access to a secure area of an airport (as defined
in section 44903(j)(2)(H)) in light of recent international
terrorist activity.
(2) Considerations.--In conducting or updating the
assessment under paragraph (1), the Administrator shall
consider--
(A) domestic intelligence;
(B) international intelligence;
(C) the vulnerabilities associated with unescorted access
authority granted to domestic airport operators and air
carriers, and their employees;
(D) the vulnerabilities associated with unescorted access
authority granted to foreign airport operators and air
carriers, and their employees;
(E) the processes and practices designed to mitigate the
vulnerabilities associated with unescorted access privileges
granted to airport operators and air carriers, and their
employees;
(F) the recent security breaches at domestic and foreign
airports; and
(G) the recent security improvements at domestic airports,
including the implementation of recommendations made by
relevant advisory committees.
(b) Reports to Congress.--The Administrator shall submit to
the appropriate committees of Congress--
(1) a report on the results of the assessment under
subsection (a), including any recommendations for improving
aviation security;
(2) a report on the implementation status of any
recommendations made by the ASAC; and
(3) regular updates about the insider threat environment as
new information becomes available and as needed.
SEC. 6105. OVERSIGHT.
(a) Enhanced Requirements.--
(1) In general.--Subject to public notice and comment, and
in consultation with airport operators, the Administrator
shall update the rules on access controls issued by the
Secretary under chapter 449 of title 49, United States Code.
(2) Considerations.--As part of the update under paragraph
(1), the Administrator shall consider--
(A) increased fines and advanced oversight for airport
operators that report missing more than 5 percent of
credentials for unescorted access to any SIDA of an airport;
(B) best practices for Category X airport operators that
report missing more than 3 percent of credentials for
unescorted access to any SIDA of an airport;
(C) additional audits and status checks for airport
operators that report missing more than 3 percent of
credentials for unescorted access to any SIDA of an airport;
(D) review and analysis of the prior 5 years of audits for
airport operators that report missing more than 3 percent of
credentials for unescorted access to any SIDA of an airport;
(E) increased fines and direct enforcement requirements for
both airport workers and their employers that fail to report
within 24 hours an employment termination or a missing
credential for unescorted access to any SIDA of an airport;
and
(F) a method for termination by the employer of any airport
worker that fails to report in a timely manner missing
credentials for unescorted access to any SIDA of an airport.
(b) Temporary Credentials.--The Administrator may encourage
the issuance by airport and aircraft operators of free one-
time, 24-hour temporary credentials for workers who have
reported their credentials missing, but not permanently lost,
stolen, or destroyed, in a timely manner, until replacement
of credentials under section 1542.211 of title 49 Code of
Federal Regulations is necessary.
(c) Notification and Report to Congress.--The Administrator
shall--
(1) notify the appropriate committees of Congress each time
an airport operator reports that more than 3 percent of
credentials for unescorted access to any SIDA at a Category X
airport are missing or more than 5 percent of credentials to
access any SIDA at any other airport are missing; and
(2) submit to the appropriate committees of Congress an
annual report on the number of violations and fines related
to unescorted access to the SIDA of an airport collected in
the preceding fiscal year.
SEC. 6106. CREDENTIALS.
(a) Lawful Status.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall issue
guidance to airport operators regarding placement of an
expiration date on each airport credential issued to a non-
United States citizen no longer than the period of time
during which that non-United States citizen is lawfully
authorized to work in the United States.
(b) Review of Procedures.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall--
(A) issue guidance for transportation security inspectors
to annually review the procedures of airport operators and
air carriers for applicants seeking unescorted access to any
SIDA of an airport; and
(B) make available to airport operators and air carriers
information on identifying suspicious or fraudulent
identification materials.
(2) Inclusions.--The guidance shall require a comprehensive
review of background checks and employment authorization
documents issued by the Citizenship and Immigration Services
during the course of a review of procedures under paragraph
(1).
SEC. 6107. VETTING.
(a) Eligibility Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and subject to public notice and
comment, the Administrator shall revise the regulations
issued under section 44936 of title 49, United States Code,
in accordance with this section and current knowledge of
insider threats and intelligence, to enhance the eligibility
requirements and disqualifying criminal offenses for
individuals seeking or having unescorted access to a SIDA of
an airport.
(2) Disqualifying criminal offenses.--In revising the
regulations under paragraph (1), the Administrator shall
consider adding to the list of disqualifying criminal
offenses and criteria the offenses and criteria listed in
section 122.183(a)(4) of title 19, Code of Federal
Regulations and section 1572.103 of title 49, Code of Federal
Regulations.
(3) Waiver process for denied credentials.--Notwithstanding
section 44936(b) of title 49, United States Code, in revising
the regulations under paragraph (1) of this subsection, the
Administrator shall--
(A) ensure there exists or is developed a waiver process
for approving the issuance of credentials for unescorted
access to the SIDA, for an individual found to be otherwise
ineligible for such credentials; and
(B) consider, as appropriate and practicable--
(i) the circumstances of any disqualifying act or offense,
restitution made by the individual, Federal and State
mitigation remedies, and other factors from which it may be
concluded that the individual does not pose a terrorism risk
or a risk to aviation security warranting denial of the
credential; and
(ii) the elements of the appeals and waiver process
established under section 70105(c) of title 46, United States
Code.
(4) Look back.--In revising the regulations under paragraph
(1), the Administrator shall propose that an individual be
disqualified if the individual was convicted, or found not
guilty by reason of insanity, of a disqualifying criminal
offense within 15 years before the date of an individual's
application, or if the individual was incarcerated for that
crime and released from incarceration within 5 years before
the date of the individual's application.
(5) Certifications.--The Administrator shall require an
airport or aircraft operator, as applicable, to certify for
each individual who receives unescorted access to any SIDA of
an airport that--
(A) a specific need exists for providing that individual
with unescorted access authority; and
(B) the individual has certified to the airport or aircraft
operator that the individual understands the requirements for
possessing a SIDA badge.
(6) Report to congress.--Not later than 90 days after the
date of enactment, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
the revision to the regulations issued under section 44936 of
title 49, United States Code, in accordance with this
section.
(7) Rule of construction.--Nothing in this subsection may
be construed to affect existing aviation worker vetting fees
imposed by the Administration.
(b) Recurrent Vetting.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator and the Director of
the Federal Bureau of Investigation shall fully implement the
Rap Back service for recurrent
[[Page S1977]]
vetting of eligible Administration-regulated populations of
individuals with unescorted access to any SIDA of an airport.
(2) Requirements.--As part of the requirement in paragraph
(1), the Administrator shall ensure that--
(A) any status notifications the Administration receives
through the Rap Back service about criminal offenses be
limited to only disqualifying criminal offenses in accordance
with the regulations promulgated by the Administration under
section 44903 of title 49, United States Code, or other
Federal law; and
(B) any information received by the Administration through
the Rap Back service is provided directly and immediately to
the relevant airport and aircraft operators.
(3) Report to congress.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
implementation status of the Rap Back service.
(c) Access to Terrorism-Related Data.--Not later than 30
days after the date of enactment of this Act, the
Administrator and the Director of National Intelligence shall
coordinate to ensure that the Administrator is authorized to
receive automated, real-time access to additional Terrorist
Identities Datamart Environment (TIDE) data and any other
terrorism related category codes to improve the effectiveness
of the Administration's credential vetting program for
individuals that are seeking or have unescorted access to a
SIDA of an airport.
(d) Access to E-Verify and SAVE Programs.--Not later than
90 days after the date of enactment of this Act, the
Secretary shall authorize each airport operator to have
direct access to the E-Verify program and the Systematic
Alien Verification for Entitlements (SAVE) automated system
to determine the eligibility of individuals seeking
unescorted access to a SIDA of an airport.
SEC. 6108. METRICS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
implement performance metrics to measure the effectiveness of
security for the SIDAs of airports.
(b) Considerations.--In developing the performance metrics
under subsection (a), the Administrator may consider--
(1) adherence to access point procedures;
(2) proper use of credentials;
(3) differences in access point requirements between
airport workers performing functions on the airside of an
airport and airport workers performing functions in other
areas of an airport;
(4) differences in access point characteristics and
requirements at airports; and
(5) any additional factors the Administrator considers
necessary to measure performance.
SEC. 6109. INSPECTIONS AND ASSESSMENTS.
(a) Model and Best Practices.--Not later than 180 days
after the date of enactment of this Act, the Administrator,
in consultation with the ASAC, shall develop a model and best
practices for unescorted access security that--
(1) use intelligence, scientific algorithms, and risk-based
factors;
(2) ensure integrity, accountability, and control;
(3) subject airport workers to random physical security
inspections conducted by Administration representatives in
accordance with this section;
(4) appropriately manage the number of SIDA access points
to improve supervision of and reduce unauthorized access to
these areas; and
(5) include validation of identification materials, such as
with biometrics.
(b) Inspections.--Consistent with a risk-based security
approach, the Administrator shall expand the use of
transportation security officers and inspectors to conduct
enhanced, random and unpredictable, data-driven, and
operationally dynamic physical inspections of airport workers
in each SIDA of an airport and at each SIDA access point--
(1) to verify the credentials of airport workers;
(2) to determine whether airport workers possess prohibited
items, except for those that may be necessary for the
performance of their duties, as appropriate, in any SIDA of
an airport; and
(3) to verify whether airport workers are following
appropriate procedures to access a SIDA of an airport.
(c) Screening Review.--
(1) In general.--The Administrator shall conduct a review
of airports that have implemented additional airport worker
screening or perimeter security to improve airport security,
including--
(A) comprehensive airport worker screening at access points
to secure areas;
(B) comprehensive perimeter screening, including vehicles;
(C) enhanced fencing or perimeter sensors; and
(D) any additional airport worker screening or perimeter
security measures the Administrator identifies.
(2) Best practices.--After completing the review under
paragraph (1), the Administrator shall--
(A) identify best practices for additional access control
and airport worker security at airports; and
(B) disseminate the best practices identified under
subparagraph (A) to airport operators.
(3) Pilot program.--The Administrator may conduct a pilot
program at 1 or more airports to test and validate best
practices for comprehensive airport worker screening or
perimeter security under paragraph (2).
SEC. 6110. COVERT TESTING.
(a) In General.--The Administrator shall increase the use
of red-team, covert testing of access controls to any secure
areas of an airport.
(b) Additional Covert Testing.--The Inspector General of
the Department of Homeland Security shall conduct red-team,
covert testing of airport access controls to the SIDA of
airports.
(c) Reports to Congress.--
(1) Administrator report.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committee of Congress a report on the
progress to expand the use of inspections and of red-team,
covert testing under subsection (a).
(2) Inspector general report.--Not later than 180 days
after the date of enactment of this Act, the Inspector
General of the Department of Homeland Security shall submit
to the appropriate committee of Congress a report on the
effectiveness of airport access controls to the SIDA of
airports based on red-team, covert testing under subsection
(b).
SEC. 6111. SECURITY DIRECTIVES.
(a) Review.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator, in consultation with the appropriate regulated
entities, shall conduct a comprehensive review of every
current security directive addressed to any regulated
entity--
(1) to determine whether the security directive continues
to be relevant;
(2) to determine whether the security directives should be
streamlined or consolidated to most efficiently maximize risk
reduction; and
(3) to update, consolidate, or revoke any security
directive as necessary.
(b) Notice.--For each security directive that the
Administrator issues, the Administrator shall submit to the
appropriate committees of Congress notice of--
(1) the extent to which the security directive responds to
a specific threat, security threat assessment, or emergency
situation against civil aviation; and
(2) when it is anticipated that the security directive will
expire.
SEC. 6112. IMPLEMENTATION REPORT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) assess the progress made by the Administration and the
effect on aviation security of implementing the requirements
under sections 6104 through 6111 of this Act; and
(2) report to the appropriate committees of Congress on the
results of the assessment under paragraph (1), including any
recommendations.
SEC. 6113. MISCELLANEOUS AMENDMENTS.
(a) ASAC Terms of Office.--Section 44946(c)(2)(A) is
amended to read as follows:
``(A) Terms.--The term of each member of the Advisory
Committee shall be 2 years, but a member may continue to
serve until the Assistant Secretary appoints a successor. A
member of the Advisory Committee may be reappointed.''.
(b) Feedback.--Section 44946(b)(5) is amended to read as
follows:
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (2) or paragraph (4), the Assistant Secretary shall
respond in writing to the Advisory Committee with feedback on
each of the recommendations, an action plan to implement any
of the recommendations with which the Assistant Secretary
concurs, and a justification for why any of the
recommendations have been rejected.''.
Subtitle B--TSA PreCheck Expansion Act
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``TSA PreCheck Expansion
Act''.
SEC. 6202. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Precheck program.--The term ``PreCheck Program'' means
the trusted traveler program implemented by the
Transportation Security Administration under section
109(a)(3) of the Aviation and Transportation Security Act (49
U.S.C. 114).
(4) TSA.--The term ``TSA'' means the Transportation
Security Administration.
SEC. 6203. PRECHECK PROGRAM AUTHORIZATION.
The Administrator shall continue to administer the PreCheck
Program established under the authority of the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597).
SEC. 6204. PRECHECK PROGRAM ENROLLMENT EXPANSION.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish
PreCheck Program enrollment standards that add multiple
private sector application capabilities for the PreCheck
Program to increase the public's enrollment access to the
program,
[[Page S1978]]
including standards that allow the use of secure
technologies, including online enrollment, kiosks, tablets,
or staffed laptop stations at which individuals can apply for
entry into the program.
(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator
shall--
(1) coordinate with interested parties--
(A) to deploy TSA-approved ready-to-market private sector
solutions that meet the PreCheck Program enrollment standards
under subsection (a);
(B) to make available additional PreCheck Program
enrollment capabilities; and
(C) to offer secure online and mobile enrollment
opportunities;
(2) partner with the private sector to collect biographic
and biometric identification information via kiosks, mobile
devices, or other mobile enrollment platforms to increase
enrollment flexibility and minimize the amount of travel to
enrollment centers for applicants;
(3) ensure that any information, including biographic
information, is collected in a manner that--
(A) is comparable with the appropriate and applicable
standards developed by the National Institute of Standards
and Technology; and
(B) protects privacy and data security, including that any
personally identifiable information is collected, retained,
used, and shared in a manner consistent with section 552a of
title 5, United States Code (commonly known as ``Privacy Act
of 1974''), and with agency regulations;
(4) ensure that the enrollment process is streamlined and
flexible to allow an individual to provide additional
information to complete enrollment and verify identity;
(5) ensure that any enrollment expansion using a private
sector risk assessment instead of a fingerprint-based
criminal history records check is evaluated and certified by
the Secretary of Homeland Security, and verified by the
Government Accountability Office or a federally funded
research and development center after award to be equivalent
to a fingerprint-based criminal history records check
conducted through the Federal Bureau of Investigation with
respect to the effectiveness in identifying individuals who
are not qualified to participate in the PreCheck program due
to disqualifying criminal history; and
(6) ensure that the Secretary has certified that reasonable
procedures are in place with regard to the accuracy,
relevancy, and proper utilization of information employed in
private sector risk assessments.
(c) Marketing of PreCheck Program.--Upon publication of
PreCheck Program enrollment standards under subsection (a),
the Administrator shall--
(1) in accordance with those standards, develop and
implement--
(A) a continual process, including an associated timeframe,
for approving private sector marketing of the PreCheck
Program; and
(B) a long-term strategy for partnering with the private
sector to encourage enrollment in such program;
(2) submit to Congress, at the end of each fiscal year, a
report on any PreCheck Program application fees collected in
excess of the costs of administering the program, including
to access the feasibility of the program, for the preceding
fiscal year; and
(3) include in the report under paragraph (2)
recommendations for using such amounts to support marketing
of the program under this subsection.
(d) Identity Verification Enhancement.--Not later than 120
days after the date of enactment of this Act, the
Administrator shall--
(1) coordinate with the heads of appropriate components of
the Department to leverage department-held data and
technologies to verify the citizenship of individuals
enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards
developed by the National Institute of Standards and
Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and background
checks to expedite identity verification.
(e) PreCheck Program Lanes Operation.--The Administrator
shall--
(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when
PreCheck Program screening lanes are closed to individuals
enrolled in the program in order to maintain operational
efficiency.
(f) Vetting for PreCheck Program Participants.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.
Subtitle C--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016
SEC. 6301. SHORT TITLE.
This subtitle may be cited as the ``Securing Aviation from
Foreign Entry Points and Guarding Airports Through Enhanced
Security Act of 2016''.
SEC. 6302. LAST POINT OF DEPARTURE AIRPORT SECURITY
ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall conduct a
comprehensive security risk assessment of all last point of
departure airports with nonstop flights to the United States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
Transportation Security Administration and the foreign
government of the country in which the last point of
departure airport with nonstop flights to the United States
is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The degree to which the foreign government of the
country in which such airport is located mandates,
encourages, or prohibits the collection, analysis, and
sharing of passenger name records.
(5) The passenger security screening practices,
capabilities, and capacity of such airport.
(6) The security vetting undergone by aviation workers at
such airport.
(7) The access controls utilized by such airport to limit
to authorized personnel access to secure and sterile areas of
such airports.
SEC. 6303. SECURITY COORDINATION ENHANCEMENT PLAN.
(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to
Congress and the Government Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at
foreign airports, including airports that may not have
nonstop flights to the United States but are nonetheless
determined by the Administrator to be high risk; and
(2) that includes an assessment of the ability of the
Administration to enter into a mutual agreement with a
foreign government entity that permits Administration
representatives to conduct without prior notice inspections
of foreign airports.
(b) GAO Review.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Comptroller General of the United States shall review the
efforts, capabilities, and effectiveness of the
Transportation Security Administration to enhance security
capabilities at foreign airports and determine if the
implementation of such efforts and capabilities effectively
secures international-inbound aviation.
SEC. 6304. WORKFORCE ASSESSMENT.
Not later than 270 days after the date of enactment of this
Act, the Administrator of the Transportation Security
Administration shall submit to Congress a comprehensive
workforce assessment of all Administration personnel within
the Office of Global Strategies of the Administration or
whose primary professional duties contribute to the
Administration's global efforts to secure transportation
security, including a review of whether such personnel are
assigned in a risk-based, intelligence-driven manner.
SEC. 6305. DONATION OF SCREENING EQUIPMENT TO PROTECT THE
UNITED STATES.
(a) In General.--The Administrator of the Transportation
Security Administration is authorized to donate security
screening equipment to a foreign last point of departure
airport operator if such equipment can be reasonably expected
to mitigate a specific vulnerability to the security of the
United States or United States citizens.
(b) Report.--Not later than 30 days before any donation of
security screening equipment pursuant to subsection (a), the
Administrator of the Transportation Security Administration
shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives a detailed
written explanation of the following:
(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such
donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening
equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
[[Page S1979]]
(5) The total dollar value of such donation.
SEC. 6306. NATIONAL CARGO SECURITY PROGRAM.
(a) In General.--The Administrator of the Transportation
Security Administration may evaluate foreign countries' air
cargo security programs to determine whether such programs
provide a level of security commensurate with the level of
security required by United States air cargo security
programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines that a foreign country's
air cargo security program evaluated under subsection (a)
provides a level of security commensurate with the level of
security required by United States air cargo security
programs, the Administrator shall approve and officially
recognize such foreign country's air cargo security program.
(2) Effect of approval and recognition.--If the
Administrator of the Transportation Security Administration
approves and officially recognizes pursuant to paragraph (1)
a foreign country's air cargo security program, cargo
aircraft of such foreign country shall not be required to
adhere to United States air cargo security programs that
would otherwise be applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines at any time that a foreign
country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of
security commensurate with the level of security required by
United States air cargo security programs, the Administrator
may revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines
that such foreign country's cargo security programs provide a
level of security commensurate with the level of security
required by such United States air cargo security programs.
(2) Notification.--If the Administrator of the
Transportation Security Administration revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo
security program, the Administrator shall notify the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 30 days after
such revocation or suspension.
Subtitle D--Miscellaneous
SEC. 6401. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.
(a) In General.--In accordance with section 114 of title
49, United States Code, the Administrator of the
Transportation Security Administration shall establish an
international training and capacity development program to
train the appropriate authorities of foreign governments in
air transportation security.
(b) Contents of Training.--If the Administrator determines
that a foreign government would benefit from training and
capacity development assistance, the Administrator may
provide to the appropriate authorities of that foreign
government technical assistance and training programs to
strengthen aviation security in managerial, operational, and
technical areas, including--
(1) active shooter scenarios;
(2) incident response;
(3) use of canines;
(4) mitigation of insider threats;
(5) perimeter security;
(6) operation and maintenance of security screening
technology; and
(7) recurrent related training and exercises.
SEC. 6402. CHECKPOINTS OF THE FUTURE.
(a) In General.--The Administrator of the Transportation
Security Administration, in accordance with chapter 449 of
title 49, United States Code, shall request the Aviation
Security Advisory Committee to develop recommendations for
more efficient and effective passenger screening processes.
(b) Considerations.--In making recommendations to improve
existing passenger screening processes, the Aviation Security
Advisory Committee shall consider--
(1) the configuration of a checkpoint;
(2) technology innovation;
(3) ways to address any vulnerabilities identified in
audits of checkpoint operations;
(4) ways to prevent security breaches at airports where
Federal security screening is provided;
(5) best practices in aviation security;
(6) recommendations from airport and aircraft operators,
and any relevant advisory committees; and
(7) ``curb to curb'' processes and procedures.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the Aviation Security Advisory Committee review, including
any recommendations for improving screening processes.
TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 7101. 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
``July 16, 2016'' and inserting ``October 1, 2017''; and
(2) in subparagraph (A), by striking the semicolon at the
end and inserting ``or the Federal Aviation Administration
Reauthorization Act of 2016;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``July 16, 2016'' and inserting
``October 1, 2017''.
SEC. 7102. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``July 15, 2016''
and inserting ``September 30, 2017''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
(c) Fractional Ownership Programs.--
(1) Treatment as non-commercial aviation.--Section 4083(b)
of such Code is amended by striking ``July 16, 2016'' and
inserting ``October 1, 2017''.
(2) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
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