[Congressional Record Volume 164, Number 68 (Thursday, April 26, 2018)]
[House]
[Pages H3590-H3643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1230
FAA REAUTHORIZATION ACT OF 2018
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 4.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The SPEAKER pro tempore (Mr. Yoder). Pursuant to House Resolution 839
and rule XVIII, the Chair declares the House in the Committee of the
Whole House on the state of the Union for the consideration of the
bill, H.R. 4.
The Chair appoints the gentleman from New York (Mr. Donovan) to
preside over the Committee of the Whole.
{time} 1232
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4) to reauthorize programs of the Federal Aviation
Administration, and for other purposes, with Mr. Donovan in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall not exceed 1 hour equally divided and controlled
by the chair and ranking minority member of the Committee on
Transportation and Infrastructure.
The gentleman from Pennsylvania (Mr. Shuster) and the gentleman from
Oregon (Mr. DeFazio) each will control 30 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in calling up H.R. 4, the FAA Reauthorization Act of
2018, this bipartisan legislation is cosponsored by every chair and
ranking member of the Transportation and Infrastructure Committee.
This bill is critical to our economy, to millions of Americans who
work in aviation, and to hundreds of millions of Americans who use the
system every year. H.R. 4 authorizes FAA programs through FY 2023.
This is a long-term bill, something that is overdue. Too often, our
aviation programs face short-term extensions, CRs, and threats of
government shutdowns. We are now operating on the fifth extension from
the last long-term FAA law, which was signed on February 14, 2012.
Before the bill was signed into law, Congress passed 23 short-term
extensions. This is an incredible amount of uncertainty for programs
that rely on long-term stability. That uncertainty was one of the
reasons I initially pushed for air traffic control reform, to separate
the modernization of our system from the unreliable Federal budget
process.
[[Page H3591]]
In that regard, this bill only maintains the status quo. I still
strongly believe Congress must soon pass real air traffic control
reform for the U.S. to finally develop the most modern, advanced
aviation system in the world, and right now, we cannot claim that. The
more we delay, the more we risk losing our position in the world as a
leader in aviation.
So, while H.R. 4 does not contain all the reforms our system needs,
it does contain other important reforms that must be implemented. For
example, this bill cuts red tape in the certification process so our
manufacturers can get products to market on time, stay competitive, and
continue providing millions of American jobs.
It streamlines the regulatory process to encourage innovation and new
technologies, like unmanned aircraft systems.
It provides critical funding for the AIP program and airport
infrastructure across America.
It strengthens protections for passengers, and it addresses safety
issues that have arisen in recent years.
The bill contains many good provisions, and I plan to offer a
manager's amendment that provides additional improvements. That
includes an additional safety provision in light of the April 17
Southwest flight 1380 engine failure.
I want to commend pilot Tammie Jo Shults for her absolute heroic
performance after a catastrophic engine failure at over 30,000 feet.
This was a prolonged emergency--not over in just a minute or two. For
the next 15 to 20 minutes, with a hole in the cabin and believing that
a passenger may have been completely sucked out, she calmly and
expertly guided the plane to an emergency landing.
Tragically, one person died in the incident, but 148 people are alive
today because of Captain Shults and her crew. She prevented what could
have been a large tragedy. In my opinion, this is one of the most
heroic performances by a pilot and crew in recent memory.
Strengthening our aviation system is only one of the reasons we need
to pass today's legislation. H.R. 4 also includes the Disaster Recovery
Reform Act, a measure that passed the House in December with
overwhelming support, but it was not taken up in the Senate.
These provisions strengthen FAA's focus on predisaster mitigation,
preparing our communities to better withstand the next hurricane,
wildfire, flood, or other disasters. Building better and building
smarter will save lives and lower the growing cost of disaster
recovery. Investing more in mitigating disasters before they strike
makes common sense.
This bill is a result of the hard work of the Transportation and
Infrastructure Committee, the bill sponsors, and many others. I want to
thank Ranking Member DeFazio, Chairman LoBiondo, Ranking Member Larsen,
Chairman Barletta, Ranking Member Titus, and the many other Members who
worked on this legislation. I look forward to a good debate today and
to moving this bill to the Senate.
Mr. Chairman, I reserve the balance of my time.
Committee on Transportation and Infrastructure,
House of Representatives,
Washington, DC, April 17, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Mr. Chairman: On April 13, 2018, the Committee on
Transportation and Infrastructure introduced H.R. 4, the FAA
Reauthorization Act of 2018. The bill was referred primarily
to the Committee on Transportation and Infrastructure, with
an additional referral to the Committee on Ways and Means.
I ask that you allow the Committee on Ways and Means to be
discharged from further consideration of the bill so that it
may be scheduled by the Majority Leader. This discharge in no
way affects your jurisdiction over the subject matter of the
bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have the Committee
on Ways and Means represented on the conference committee.
Finally, I would be pleased to include this letter and any
response in the Congressional Record during floor
consideration, to memorialize our understanding.
Thank you for your consideration of my request.
Sincerely,
Bill Shuster,
Chairman.
____
Committee on Ways and Means,
House of Representatives,
April 17, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: I am writing with respect to H.R. 4,
the FAA Reauthorization Act of 2018, on which the Committee
on Ways and Means was granted a referral.
As a result of your having consulted with us on provisions
in H.R. 4 that fall within the Rule X jurisdiction of the
Committee on Ways and Means, I agree to waive formal
consideration of this bill so that it may move expeditiously
to the floor. The Committee on Ways and Means takes this
action with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and the Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
that fall within our jurisdiction. The Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation, and requests your support for
such request.
Finally, I would appreciate your response to this letter
confirming this understanding, and would ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during floor consideration of H.R. 4.
Sincerely,
Kevin Brady,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, April 23, 2018.
Hon. Jeb Hensarling,
Chairman, Committee on Financial Services,
Washington, DC.
Dear Mr. Chairman: On April 13, 2018, the Committee on
Transportation and Infrastructure introduced H.R. 4, the FAA
Reauthorization Act of 2018. The bill was referred primarily
to the Committee on Transportation and Infrastructure, with
an additional referral to the Committee on Financial
Services.
I ask that you allow the Committee on Financial Services to
be discharged from further consideration of the bill so that
it may be scheduled by the Majority Leader. This discharge in
no way affects your jurisdiction over the subject matter of
the bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have the Committee
on Financial Services represented on the conference
committee. Finally, I would be pleased to include this letter
and any response in the Congressional Record during floor
consideration, to memorialize our understanding.
Thank you for your consideration of my request.
Sincerely,-
Bill Shuster,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, April 23, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: Thank you for writing regarding H.R.
4, the FAA Reauthorization Act of 2018.
As a result of your having consulted with the Committee on
Financial Services concerning provisions in the bill that
fall within our Rule X jurisdiction, I agree to forgo action
on the bill so that it may proceed expeditiously to the House
Floor. The Committee on Financial Services takes this action
with our mutual understanding that, by foregoing
consideration of H.R. 4 at this time, we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that our Committee will be
appropriately consulted and involved as this or similar
legislation moves forward. I appreciate your support for
Committee on Financial Services representation on a related
conference committee, should one be necessary.
Thank you in advance for a response to this letter
confirming this understanding with respect to H.R. 4. I also
appreciate your willingness to insert a copy of our exchange
of letters on this matter in the Congressional Record during
floor consideration.
Sincerely,
Jeb Hensarling,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, April 17, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Mr. Chairman: On April 13, 2018, the Committee on
Transportation and Infrastructure introduced H.R. 4, the FAA
Reauthorization Act of 2018. The bill was referred primarily
to the Committee on Transportation and Infrastructure, with
an additional referral to the Committee on Natural Resources.
[[Page H3592]]
I ask that you allow the Committee on Natural Resources to
be discharged from further consideration of the bill so that
it may be scheduled by the Majority Leader. This discharge in
no way affects your jurisdiction over the subject matter of
the bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have the Committee
on Natural Resources represented on the conference committee.
Finally, I would be pleased to include this letter and any
response in the Congressional Record during floor
consideration, to memorialize our understanding.
Thank you for your consideration of my request.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, April 18, 2018.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: I have received your letter regarding
H.R. 4, the FAA Reauthorization Act of 2018, which was
additionally referred to the Committee on Natural Resources.
In the interest of permitting you to proceed expeditiously
to floor consideration of this very important bill, I will
agree to discharge the Natural Resources Committee from
further consideration of the bill. I do so with the
understanding that the Natural Resources Committee does not
waive any future jurisdictional claim over the subject matter
contained in the bill that fall within its Rule X
jurisdiction. I also appreciate your support to name members
of the Natural Resources Committee to any conference
committee to consider such provisions and for inserting our
exchange of letters on H.R. 4 into the Congressional Record
during consideration of the measure on the House floor.
Thank you once again for the very cooperative spirit in
which you and your staff have worked regarding this matter
and many others between our respective committees.
Sincerely,
Rob Bishop,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, April 19, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Mr. Chairman: On April 13, 2018, the Committee on
Transportation and Infrastructure introduced H.R. 4, the FAA
Reauthorization Act of 2018. The bill was referred primarily
to the Committee on Transportation and Infrastructure, with
an additional referral to the Committee on Science, Space,
and Technology.
I ask that you allow the Committee on Science, Space, and
Technology to be discharged from further consideration of the
bill so that it may be scheduled by the Majority Leader. This
discharge in no way affects your jurisdiction over the
subject matter of the bill, and it will not serve as
precedent for future referrals. In addition, should a
conference on the bill be necessary, I would support your
request to have the Committee on Science, Space, and
Technology represented on the conference committee. Finally,
I would be pleased to include this letter and any response in
the Congressional Record during floor consideration, to
memorialize our understanding.
Thank you for your consideration of my request.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, April 19, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 4, the
``FAA Reauthorization Act of 2018.''
H.R. 4 contains provisions within the Committee on Science,
Space, and Technology's Rule X jurisdiction. As a result of
your having consulted with the Committee and in order to
expedite this bill for floor consideration, the Committee on
Science, Space, and Technology will forego action on the
bill. This is being done on the basis of our mutual
understanding that doing so will in no way diminish or alter
the jurisdiction of the Committee on Science, Space, and
Technology with respect to the appointment of conferees, or
to any future jurisdictional claim over the subject matters
contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and request that you include a copy of
this letter and your response in the Congressional Record
during floor consideration of this bill. Thank you in advance
for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
Mr. DeFAZIO. Mr. Chairman, I rise in support of H.R. 4, the FAA
Reauthorization Act of 2018.
I am pleased to be here today with the chairman of the full
committee, Mr. Shuster; the chairman of the subcommittee, Mr. LoBiondo;
and the gentleman from Washington (Mr. Larsen), the ranking member.
This bill also includes important provisions of the Disaster Recovery
Reform Act, something that previously passed the House and somehow
escaped the attention of the Senate. We are sending it to them again in
the hope they might notice if it is part of this package.
Last week was tragic: the first death on a U.S.-flagged passenger
aircraft since 2009, and that just followed an alarming news story by
``60 Minutes'' a few days before about an FAA oversight of a low-cost
carrier.
As a result, Ranking Member Larsen and I have sent a letter to the
Secretary of Transportation demanding information on the oversight of
the industry. We want to make sure that the FAA is being the watchdog
that they need to be.
It was many years ago, after the horrible ValuJet tragedy, the
committee had already rejected my amendment to say to strip away the
promotional duty of the FAA. Then, after the horrible ValuJet crash,
when it turned out it was an incompetent subcontractor to a maintenance
station, a totally preventable accident, they suddenly decided to
change their mind and decided to include my amendment and remove the
promotional authority.
The FAA's principal duty is to protect the safety of the flying
public, so we have got to be sure they are doing everything needed to
do that.
There is an important provision in the bill, long overdue, to give
flight attendants a 10-hour minimum rest. Think of the schedule now--8
hours: Oh, well, the plane landed. You have got to get off the plane.
You have got to get out of the airport. You have got to get in a cab or
a van. You have got to go to the hotel. You get to return, reverse all
that around, and do that.
How much sleep are you going to get?
So, finally, we are going to get the 10-hour requirement--again, long
overdue. Flight attendants are critical safety personnel on the
airplane. They cannot be fatigued, just like a pilot can't be fatigued.
I have another concern that we are using computer simulations to meet
the FAA standard for evacuation of a plane mandated in 90 seconds. As
they jam more and more and more seats into these planes, I wonder if we
have reached a point where we can no longer meet that standard, and we
are going to have that. We are going to have the inspector general look
at that topic and see whether or not we need to revisit it.
You know, it is critical that we be able to get people off as quickly
as possible. The U.K. Civil Aviation Authority led this many years ago
after the Manchester accident, with the spacing for the over-wing exit,
something that took me 7 years to get done here. But they have also
dropped in more strictures on hand baggage and other things and made
that part of the briefing, which we don't get because we don't want to
scare people. Well, we need to be letting people know that they can't
take stuff with them if they have to evacuate quickly.
The FAA certification process, we have known for years, it needs
reform, and this bill answers that call. It mandates a top-to-bottom
reform of the process by which the FAA certifies new airplane engine
and component designs. This will help our manufacturers become much
more competitive in the world market and introduce their products more
quickly to stay ahead of the market, but they will still be certified
safe.
The bill also contains the text of the Flags of Convenience Don't Fly
Here Act. There are some who would turn the airline industry into the
cruise line industry, where planes would be crewed by the cheapest
labor you can find somewhere in the world. It is being done already
with contract crews out of Asia for a so-called European airline,
Norwegian Air, and they are circumventing the process that the EU is
bound to under our Open Skies Agreement.
The bill, unfortunately, lets stand something that Congress adopted
in 2012, over my objections, which is to
[[Page H3593]]
say we cannot have a higher standard than the International Civil
Aviation Authority on lithium batteries.
Lithium batteries are incredibly, incredibly dangerous on aircraft.
We have already lost two 747s, and I will discuss this more when we get
to my amendment.
It is time to remove the prohibition and let the FAA regulate as they
see fit regarding lithium batteries and not bind ourselves to an
international group that is captive of other special interests. Just
eight lithium batteries can take down an aircraft in a thermal runaway.
So that, we will discuss later.
This bill also, unfortunately, does not increase the cap on passenger
facility charge. I would observe, flying a lot, that there are more and
more and more tarmac delays because: I am sorry, your gate is occupied.
Oh, the alley to the gate is full of planes. Oh, this, that.
A lot of airports are bonded out. We haven't allowed them, since
2000, to increase the passenger facility charge, and so we are going to
continue to have those delays. Until they can build larger terminals
and they can build more gates, that is going to continue.
We are also putting in some new mandates on the airports, which I
support in this bill, having to do with pets and changing rooms and
those sorts of things; but, again, we are not allowing them to get any
increase in revenues to meet these new Federal mandates. I haven't
given that up, but, obviously, we are not going to get it in this bill.
You know, NextGen will be all for naught. NextGen is progressing
well, despite what some say, but if we don't have enough terminals and
gates at those terminals, as the former Administrator Randy Babbitt
said:
We can land them with closer spacing, we can do everything
in the world, but at the end of the day at La Guardia Airport
when it is a one-runway operation, you can still only land
them once every 54 seconds.
There are physical limits on the ground all around the country. Even
if we enhance air traffic movement, avoiding weather and all that, we
are going to be constrained at the airports unless the airports have
what they need to make these investments.
There are a number of amendments that will improve safety and
efficiency, and I look forward to discussing those here on the floor.
{time} 1245
There is one amendment which is cropping up in this bill that relates
to trucking. The gentleman from California (Mr. Denham) will offer it.
It has been offered before in the House. It has never gone anywhere in
the Senate. I predict the same thing will happen here.
The bottom line is there is an issue from a court case that could be
solved with a rifle shot, so to speak, regarding interstate commerce.
Instead, despite what the proponents have told Representative Denham
and others, this language would preempt every single State wage and
hour law that pertains to trucking in the United States of America. The
only strictures would be the Federal hours of service and the Federal
minimum wage. The rest would be wiped out by this amendment because of
the unfortunate language. There is a real underlying problem, and it
could be solved much more discretely.
But beyond that, this is a great bill.
I again thank the chairmen of the full committee and subcommittee,
the ranking member, and other members of the committee.
Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, it is my great privilege to yield 3
minutes to the gentleman from Alaska (Mr. Young), the former chair of
the Transportation and Infrastructure Committee.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Chairman, I want to thank the chairman, Mr.
Shuster, and the ranking member, Mr. DeFazio, for bringing a bipartisan
bill to the floor.
This is a piece of legislation that is long overdue. I think we have
had--how many extensions?--five extensions. This bill is needed for air
traffic.
As everybody knows in this room, if you take Alaska, which is 2\1/2\
times the size of Texas, we don't have any roads; we have air travel.
Everybody travels in Alaska, probably more than you travel in your car,
by airplane. So this bill handles a lot of the problems in Alaska that
we have been addressing through the FAA, which plays a major role.
Number one is Essential Air Service. Many people don't understand the
history of Essential Air Service.
When we deregulated the airlines, Alaska was left out. Senator
Stevens and I kept regulated airlines for 2 extra years until we got
the commitment from Essential Air Service so we can serve our
communities, and this committee has always seen to it that that did
occur.
Now, it has been used in other rural areas of America. I understand
that need.
There will be an amendment to do away with Essential Air Service. I
hope all of you will vote against that. It is crucially important to my
State.
We have another small issue that has come up--and I want to thank the
chairman again--which is lithium batteries. These were talked about,
and it was just talked about by the ranking member.
In my State, again, we don't have highways, we can't truck things, so
an air carrier that has no passengers can transport lithium batteries.
They were not allowed to do that under the toxic transportation clause
in our law that says they can't do it.
I will tell you, again, that it takes care of the Alaskan Part 121
pilots, who are subject to burdensome Terminal Aerodrome Forecasting
regulations. This will allow pilots to use area forecasting for
weather, et cetera, for flying our airplanes.
This is a good bill. I am really proud of what Congressman Shuster
has been able to do. I believe this will be Congressman LoBiondo's last
bill working on something of this significance for the United States of
America.
We do have a great air system. I will say that it has worked, it is
working, and I am quite proud of the people who work for the airlines.
I will only make one suggestion in closing, Mr. Chairman. I am a
little concerned about some of the airlines making the spaces a little
bit narrower, less legroom.
I think, frankly, when you have less legroom, you have safety
problems. I say that because it is awful hard, in a 3-year-old seat, to
get people out from the window if there is an accident when they are
all jammed together. So I am just respectfully suggesting the airlines
don't take away any more space; in fact, give some of it back.
Mr. Chairman, this is a good bill. I urge my colleagues to support
it, vote for it, and let's get this bipartisan piece of legislation
passed.
Mr. LARSEN of Washington. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I rise in support of H.R. 4, the FAA Reauthorization
Act of 2018.
I am pleased that Congress is here today to consider a long-term bill
to reauthorize the FAA. This moment has been a long time in coming.
Congress has not enacted a long-term FAA bill since 2012, and it is
currently running on its fifth extension since that time.
We are here to consider a comprehensive, bipartisan piece of
legislation that provides long-term, predictable funding for the FAA,
improves aviation safety, addresses workforce needs, and advances vital
research in the aviation field.
Whether large or small, airports across the United States play an
important role in communities by connecting people, goods, services,
and creating jobs. In Washington State, my constituents rely on
airports of all sizes. In my hometown of Arlington, general aviation at
Arlington Municipal Airport is vital, and the annual EAA fly-in brings
in people from all across the country.
Bellingham International Airport in northwest Washington is a
developing airport, which requires further investments in terminal and
operations infrastructure to help keep pace with passenger demands.
Paine Field Airport in Snohomish County is a growing hub in the
Pacific Northwest, with the construction of a new terminal and expanded
air service expected later this year.
Each of these airports plays a different, yet important, role in
serving the local community and the national aviation network.
[[Page H3594]]
The bill reflects Congress' consensus to reform FAA's aircraft
certification processes, improve aviation safety, provide additional
protections for U.S. passengers, and help to better prepare the
aviation workforce and further the safe integration of unmanned
aircraft systems into the national airspace.
One of the most important things this bill does is to make FAA's
certification process more streamlined, consistent, and efficient,
while maintaining the highest level of safety.
The U.S. aviation industry is an economic powerhouse. It is
particularly important to my home State of Washington. In our State,
general aviation, alone, contributes an estimated $3.6 billion to the
economy and more than 30,000 jobs a year.
Without question, predictable and timely certification of aircraft
and aircraft components is critical for domestic manufacturers to get
their products to market. These reforms are desperately needed to allow
U.S. aviation manufacturers like my constituents in Everett, who are,
as well, smaller contractors, to compete globally.
This bill ensures that FAA's product certification remains the gold
standard abroad, as well, so that U.S. manufacturers remain
competitive.
As passenger growth continues, Congress must ensure airports have the
right tools in place to safely accommodate this new demand.
The bill makes a host of improvements to make our skies safer,
including:
Ensuring the FAA safety workforce is utilized efficiently and
receives enhanced training;
Strengthening the FAA's current voluntary safety reporting program
for pilots so that critical safety enhancements are not needlessly
delayed;
Making progress toward NextGen implementation through engagement with
local communities and airports in the process;
Improving the Federal Contract Tower Program to allow airports to
make investments in their critical infrastructure; and
Ensuring flight attendants have sufficient rest between duty periods.
It also includes numerous provisions that enhance the air travel
experience for more than 900 million passengers who fly each year,
including:
A prohibition on airlines involuntarily bumping passengers after they
have boarded;
A prohibition on the use of cell phones for voice communications
during flight; and
A requirement for airlines to create a one-page document outlining
the rights of passengers, which will bring much-needed transparency to
this industry.
One of my top priorities is to ensure working families in the Pacific
Northwest get a better deal, which means expanding opportunities,
creating more jobs, and making sure that the next generation of workers
have the tools necessary to succeed.
This bipartisan bill that my colleagues and I have agreed to will
protect and create American jobs through airport construction and
aerospace manufacturing, ultimately boosting the Nation's economy. As
an example, the Port of Skagit is focused on expanding the Skagit
Regional Airport and is working to build a new hangar and longer
taxiing runways. These improvements are not only for safety, but will
create well-paying jobs in construction.
Further, the Career Connect Washington initiative aims to connect
more than 100,000 students, over the next 5 years, with career-focused
learning opportunities, building a bridge from school into high-demand
and good-paying jobs. Across my district, nearly 900 young adults
participating in this initiative have connected to apprenticeships, job
shadows, or other structured work-based activity.
This bill builds on these efforts to better prepare students for the
aviation workforce by:
Encouraging schools, industry, and other stakeholders to address the
skills gap in the aviation maintenance field; and
Requiring a GAO study of best practices to incentivize, recruit, and
retain new aviation workers.
I am pleased that the bill includes my proposal to create a Youth
Access to American Jobs in Aviation Task Force. This task force will
work with aviation trade schools and community colleges, airline
carriers and industry, labor unions, and other relevant stakeholders to
develop recommendations to encourage high school students to enroll in
aviation manufacturing, maintenance, and engineering apprenticeships.
This legislation includes a title on unmanned aircraft systems, or
drones, which are flourishing in the skies at a pace we did not imagine
just a few years ago. Provisions in the current bill will help the
commercial drone industry safely thrive, while also addressing the many
issues these new users present as they become integrated into U.S.
airspace.
Finally, this bill enacts a multiyear reauthorization, Mr. Chairman,
of aviation taxes and FAA expenditure authority. This will provide the
stable, predictable funding needed to carry out its safety mission and
ensure the FAA remains the world leader in aviation research and
development.
While these are all positive areas to address, I understand that some
amendments on slot exemptions and slot swaps have been made in order
that would have regional consequences. I oppose these efforts and
believe it would be better to have a more substantive discussion to
address these issues in the committee.
Mr. Chairman, we have the biggest, most complex, and busiest aviation
system in the world. We are years past due in enacting a long-term FAA
reauthorization that will allow the U.S. to remain the gold standard in
aviation. I am pleased to cosponsor this bill.
I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, it is my great pleasure and honor to yield
5 minutes to the gentleman from New Jersey (Mr. LoBiondo), my friend
and the chairman of the Subcommittee on Aviation of the Committee on
Transportation and Infrastructure, who has been a tireless advocate for
aviation safety efficiency, but who has also been a great partner on
the committee to me and to the other members of the committee.
Also, I want to mention that--and I think this is accurate--he is the
only Member of Congress who has a CDL, commercial driver's license, so
he is in a very unique position to not only know and advocate for
aviation, but also, on the ground, he knows how commerce moves.
Mr. LoBIONDO. Mr. Chairman, I thank Chairman Shuster for yielding.
I rise in very strong support of H.R. 4, the reauthorization bill.
The Subcommittee on Aviation began the reauthorization process over 3
years ago, a very long process. In that time, we have held a series of
roundtables and hearings on the state of the FAA's certification and
safety processes, regulatory efforts, airport grant programs, customer
service, and the air traffic control system.
The subcommittee also had more than 200 stakeholder meetings in order
to gather feedback and hear from various constituencies to understand
what would work in the real world--not what 535 Members of Congress may
think, but to get input from the people who have to make it work every
day.
I want to thank those who came to the table willing to share their
thoughts and to work together with us.
With the passage of H.R. 4, we will be taking an important step
toward ensuring the FAA and our aviation industry does not suffer
through another long series of extensions.
Unfortunately, it seems like just about every year Congress is voting
to keep the government open, while the FAA and nearly 4,000 of the
FAA's incredible employees, who are my constituents working at the
Technical Center in Egg Harbor Township, which is at the Atlantic City
Airport, are forced to make preparations in case they have to shut
down.
Now, just so everybody understands, when we do an extension, we
generally don't act on it until the last minute. These dedicated
employees, these engineers in these laboratories that only exist at
this Tech Center, are forced to stop their work and prepare for a
shutdown. This costs a tremendous amount of dollars each time we do
this. Hopefully, with the passage of this bill, we will be able to
avoid that.
H.R. 4 also provides the long-term authorization of the FAA, which
will allow us to avoid the shutdowns and these threats of shutdowns.
This means that important safety projects will be
[[Page H3595]]
able to move forward without the inefficient starts and stops and they
come without any hesitation, as we have seen in the past.
Most importantly, FAA employees, including, again, dedicated
employees of my Tech Center--now, just keep in mind, this is the
premier facility in the Nation for safety, security, research, and
development. As I mentioned before, these laboratories don't exist
anywhere else. Many of these engineers' expertise doesn't exist
anywhere else. This will enable them to help keep the United States
premier in the world.
Mr. Larsen referenced our position in the world. We don't want that
challenged. We want this bill to be able to allow us as an economic
driver. When you start looking at the numbers of what aviation means to
the economy of the United States, you get an understanding of how
critically important this is.
{time} 1300
We have worked closely with a number of constituency groups, and I
think we have included their provisions in this bill.
I want to point out that some of these battles take a while. And very
diligently and very forcefully, the flight attendants have made their
case for the 10-hour rest period. As mentioned by Mr. DeFazio, this is
something that we don't want flight attendants being fatigued no more
than we want pilots being fatigued.
Mr. Chair, I thank Chairman Shuster for including this in the bill.
Mr. Chair, as we move forward, I want to particularly thank Rick
Larsen, who has been a great partner. For those who may not be aware,
Rick and I have been together first through the Coast Guard and
Maritime Subcommittee and now through the Aviation Subcommittee. I
think the relationship that we have and what we have been able to do is
a model that can and should be worked for the rest of Congress. It is
one that I cherish and value. And, Mr. Chair, I thank Mr. Larsen again
very much.
Mr. Chair, I also want to thank Peter DeFazio for being a good
partner and thank Bill Shuster for helping me become Aviation chair 6
years ago, putting his faith in me. I think we have had a great
partnership. Mr. Shuster has been a great leader in the Committee on
Transportation and Infrastructure. I value our relationship. I value
our work together.
Mr. Chair, I urge everyone to support this bill. I think it is going
to move America forward.
Mr. LARSEN of Washington. Mr. Chair, I thank Chairman Shuster and
Ranking Member DeFazio, as well as Chairman LoBiondo, for their work on
this bill.
I know Mr. LoBiondo is leaving Congress this year, and we may get a
better Democrat or a better Republican in that seat, but we will not
get a better Representative for this Congress in that seat than Frank
LoBiondo.
Mr. Chair, I yield 1\1/2\ minutes to the gentlewoman from Nevada (Ms.
Titus).
Ms. TITUS. Mr. Chair, I thank the gentleman very much for yielding.
Mr. Chair, I come to the floor as a cosponsor of H.R. 4. It is
legislation that is long overdue in addressing the immediate and long-
term needs of the FAA and our aviation industry. It includes a number
of priorities that I fought for which are critical to my State of
Nevada.
First, the legislation extends the authorization of the Nevada UAS
test range to ensure completion of its critical work in coordination
with the FAA and NASA on low-altitude air traffic management systems,
commonly referred to as UTM.
It also includes my amendment with Congressman Webster from Florida
to ensure that the Nation's largest airports, including McCarran in Las
Vegas, participate in a streamlined approval process for passenger
facility charge projects so we can modernize our crumbling airport
infrastructure.
In addition, it includes, as you have heard, a number of critical
provisions that enhance safety, protect consumers, and keep our
aerospace industry number one in the world.
As the new ranking member of the Economic Development, Public
Buildings, and Emergency Management Subcommittee, I am also pleased
that the language of the Disaster Recovery and Reform Act are included
in this bill.
Last year's back-to-back-to-back massive hurricanes, followed by
mudslides and devastating wildfires, demonstrate the growing challenges
we face as we continue to grapple with global climate change. Lives
were lost, individuals and animals were injured, and property damages
were just outstanding. Many are still trying to get their lives back to
normal. So it would be irresponsible and unacceptable for us to follow
the Flat Earth Society's notion that this doesn't really exist. It
indeed is a threat to our health and safety.
The act takes concrete steps towards making our communities safer. An
ounce of prevention is worth a pound of cure. For every $1 you spend on
premitigation, you save $6 in future disaster costs.
The DRRA addresses this by providing stable funding for the Emergency
Management Pre-Disaster Mitigation Program and also additional funding
for wildfire suppression.
In addition, it requires that communities build back to the latest
model building codes. Since the Federal Government is paying for a
minimum of 75 percent of major disaster costs, it is necessary for us
to protect our investment by requiring stronger, smarter, and more
resilient rebuilding.
Mr. Chair, I hope that the bill moves forward without any poison
pills, because we need this legislation. It is a good bill, and I
support it.
Mr. SHUSTER. Mr. Chair, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Barletta), the chairman of the Subcommittee on
Economic Development, Public Buildings and Emergency Management.
Mr. BARLETTA. Mr. Chair, I rise today in support of H.R. 4, the FAA
Reauthorization Act of 2018, which includes provisions of my bill, the
Disaster Recovery Reform Act.
Unfortunately, this is the second time my bill has been considered on
the House floor, because our colleagues on the other side of the
Capitol refuse to take up these critical reforms.
I find the failure to move in the Senate puzzling, especially given
that many of those individuals represent States struggling to recover
from recent disasters. In fact, in 2017, 8 percent of the United States
population was affected by at least one disaster. This statistic
highlights the importance of investing in mitigation infrastructure
before tragedy strikes, which is exactly what my bill would do.
Studies have repeatedly shown that for every $1 invested upfront, we
can save $4 to $8 in avoidant recovery costs.
My bill would allow us to realize those savings by transforming how
we approach disaster spending. It would provide FEMA with the tools to
help our communities plan for, mitigate against, respond to, and
recover from disasters. Both Republicans and Democrats in this Chamber
already recognize the critical need for these reforms.
The Disaster Recovery Reform Act passed out of the Transportation and
Infrastructure Committee by voice vote, and in December passed on the
House floor.
It is my hope that, this time, our colleagues in the Senate would
stop playing politics with peoples' lives and will act quickly to send
this bill to the President's desk.
I know just how important disaster assistance is, because in 2011, my
own district was devastated by flooding from Hurricane Irene and
Tropical Storm Lee. I visited with families and employers affected by
this tragedy, and it made be realize we need to do something to help
communities build better and smarter before disaster strikes. My bill
will do just that.
Mr. Chair, I thank Chairman Shuster and my House colleagues for their
continued commitment to making resiliency a priority.
Mr. Chair, I also thank the chairman for including language I offered
with my friend from Missouri (Mr. Graves) in a manager's amendment. Our
amendment would create a new grant program for airport infrastructure
investment. I believe it is critical we invest in our airports, which
are some of the largest economic drivers in the country.
We have an obligation to ensure that this entire system, including
everything from large hubs to regional airports, is maintained and
improved to better serve the American people.
While I was disappointed that our original committee-adopted
amendment to increase funding levels for the
[[Page H3596]]
Airport Improvement Program was not included in the final bill, I am
hopeful that this grant will give airports a new infrastructure tool in
their toolbox.
Mr. Chair, I urge passage of H.R. 4.
Mr. SHUSTER. Mr. Chairman, may I inquire as to how much time each
side has remaining?
The Acting CHAIR (Mr. Palmer). The gentleman from Pennsylvania has
15\1/2\ minutes. The gentleman from Washington has 14 minutes.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Connecticut (Ms. Esty).
Ms. ESTY of Connecticut. Mr. Chair, I rise in support of my
bipartisan amendment to H.R. 4, the FAA Reauthorization Act of 2018,
which would address the underrepresentation of women in aviation
careers.
Women make up 50 percent of the national workforce, but are
significantly underrepresented in the aviation industry, making up only
2 percent of airline mechanics, 18 percent of flight dispatchers, and 6
percent of pilots.
To address these shortfalls, I introduced the Promoting Women in the
Aviation Workforce Act with my colleagues, Congresswomen Walorski,
Walters, and Bustos, and our bill was recently reported unanimously out
of committee.
This bipartisan amendment will incorporate our bill into this
legislation, directing the FAA to create and facilitate an advisory
board to develop strategies that the administration can take to help
more women pursue and succeed in aviation careers.
We need only look to the extraordinary skill of Southwest pilot and
Navy fighter pilot veteran Tammie Jo Shults, who just, 1 week ago,
heroically saved the lives of 143 passengers and her crew on Southwest
flight 1380, or Ronnie Bradley from my district. Here is Ronnie at age
19, who signed up in 1942 to become one of the first female marines.
She served as an airline mechanic; now still only 2 percent. We
celebrated her life at 95 2 weeks ago in my district.
We need more Tammie Jos and more Ronnies.
Mr. Chair, I thank my colleagues for supporting this legislation.
I commend as well the excellent legislation updating our FEMA rules
for disaster resiliency and relief.
Mr. Chair, I urge support of this legislation and urge the Senate to
adopt it quickly.
Mr. SHUSTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Smith), the chairman of the Science, Space, and Technology
Committee.
Mr. SMITH of Texas. Mr. Chairman, I appreciate the gentleman from
Pennsylvania, the chairman of the Transportation and Infrastructure
Committee, Mr. Shuster, for yielding me time.
Mr. Chairman, I support the FAA Leadership in Groundbreaking High-
Tech Research and Development Act, or FLIGHT R&D Act, incorporated in
H.R. 4 as Title VII of the FAA Reauthorization Act of 2018.
Title VII's FLIGHT R&D Act will ensure America remains a world leader
in aviation innovation. By making prioritized and strategic investments
today, our Nation will continue to push the boundaries of aerospace
technology, maintain a safe and secure aviation transportation system,
and foster a healthy and growing aviation economy.
Mr. Chair, I thank Science Committee member Steve Knight for
introducing this important legislation and Chairman Shuster for
including it in his bill.
The safety of the flying public is of paramount importance. That is
why Title VII's FLIGHT R&D Act prioritizes research and development to
improve aviation safety.
Title VII authorizes increased funding for aviation safety research
and development. Improving aviation safety is the fundamental mission
of the FAA's research and development agenda.
Title VII establishes an FAA associate administrator for research and
development to manage and oversee all FAA research and development
programs and activities. These will include the R&D provisions in this
bill regarding unmanned aircraft systems, cybersecurity, the national
aerospace system, aviation fuel, air traffic surveillance, remote and
computer piloting, and spectrum use.
In closing, Mr. Chairman, I strongly support Title VII, the FLIGHT
R&D Act, and urge my colleagues to support this fiscally responsible,
commonsense initiative to ensure that America remains at the forefront
of civil aviation, innovation, and safety.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Washington, D.C. (Ms. Norton).
Ms. NORTON. Mr. Chair, I thank the gentleman for yielding, and I
thank him for his very special efforts for this reauthorization.
Perhaps our entire committee and subcommittee are due some self-
congratulations for reaching a bipartisan agreement for a long-term
reauthorization for the FAA, but the lion's share of the appreciation
belongs to Chairman Shuster. I thank the chairman for his leadership,
especially as he is retiring from the House, and I am grateful for the
considerable efforts of Ranking Member DeFazio.
Mr. Chair, there was only one major disagreement, and that was, of
course, on privatization of air traffic control operations.
This bill includes many areas that demonstrate the importance of
bipartisanship. It is almost impossible to help Democrats and not
Republicans, and vice versa, when it comes to matters affecting
aviation.
I appreciate my own amendments in the bill addressing airplane noise,
many of them embedded in the bill. And I am sure, given the complaints
throughout the country, that my noise provisions, too, are bipartisan.
Mr. Chair, I ask that the House oppose the Cuellar amendment. This is
a special destinations amendment for San Diego and San Antonio mainly
to benefit the House Members from those districts so they can fly into
Reagan National Airport nonstop rather than Dulles, which is nearby,
and Baltimore-Washington, which is also very close to the District of
Columbia.
{time} 1315
The Congress has spent billions of dollars to expand Dulles, which is
still very underutilized because it is a little further from D.C. than
Reagan.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. LARSEN of Washington. I yield the gentlewoman from the District
of Columbia an additional 30 seconds.
Ms. NORTON. The limit on slots to Reagan helps relieve enormous
congestion there and ensures safety of one of the Nation's most crowded
and critical airfields.
Mr. SHUSTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Missouri (Mr. Graves), chairman of the Highways and Transit
Subcommittee of the full Committee of Transportation and
Infrastructure, and the bleating voice on general aviation in Congress.
Mr. GRAVES of Missouri. Mr. Chairman, I proudly rise today to support
the FAA Reauthorization Act of 2018. There are a lot of important
policies in this bill that I worked on, but the main thing I am glad to
see included is that we accomplished this bill as a long-term bill, a
5-year authorization.
Passing long-term bills is something that the chairman has remained
committed to during his leadership on the committee and is a policy I
strongly support. Unfortunately, we don't see enough of that in
Congress that much anymore.
One of the big highlights of the bill is the long-overdue reforms to
the FAA certification process, and the committee has developed
bipartisan reforms that are going to streamline the FAA certification.
Mr. Chairman, I had previously worked on the precursor reforms to
this process with the passage of the bill, the Small Airplane
Revitalization Act, back in 2013, and I look forward to seeing the
benefits of these reforms be applied more broadly to the aviation
manufacturing community as certification reform provisions contained in
the FAA bill go into effect.
Additionally, there are a lot of policies that we worked on, that I
worked on, in the underlying bill. And just to run through those
quickly: expansion of the State block grant authority from 10 to 20
States; allowing greater testing of replacement fuels for AvGas;
restoring the ``all makes and models'' certificate to experimental
category
[[Page H3597]]
aircraft; extending aircraft registration from 3 to 10 years, which I
might point out, it currently takes the FAA at least a month to process
paperwork to register or re-register an aircraft.
We also asked the FAA to resolve disputes between approved airshows
and major sporting events that require flight restrictions.
We also worked on an important policy to prevent the local and State
governments from targeting certain industries for discriminatory taxes,
like the rental car industry.
And finally, we correct a poorly written guidance document which
hurts folks who are pursuing aircraft construction projects. FAA wanted
to restrict aircraft construction projects from individuals' hangars
unless it was in the final stages by claiming it was not the
``aeronautical use'' of a hangar, which makes absolutely no sense and,
clearly, this decision was not made with the understanding of how these
projects work. This needs to be corrected.
In closing, Mr. Chairman, I have been a pilot, a professional pilot
for virtually my entire life, and I have been interacting with people
in the aviation community for more than two decades now. I understand
the issues that face the industry.
When we talk about FAA reauthorization, I think about ensuring all
those who rely on our aviation system can continue flying safely,
securely, and freely. America has always been a leader and pioneer when
it comes to aviation since the days of the Wright Brothers, and I want
to ensure that continues. To do so, we have to continue to look for
opportunities to incorporate technology into our infrastructure
network.
I look forward to further advancing these goals in other areas of
transportation as the committee works on an infrastructure bill later
this year.
Mr. Chairman, I strongly support this bill, and I urge my colleagues
to do the same.
Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Eshoo).
Ms. ESHOO. Mr. Chairman, first, I want to acknowledge the hard work
that my colleagues Congresswoman Speier and Congressman Panetta have
done, along with myself, to address airplane noise in our Bay Area
congressional districts.
I am pleased to support Mr. Panetta's amendment to H.R. 4, which
requires the FAA to consider alternative metrics to the current average
day-night sound level standard, including actual noise sampling. This
will ensure that the FAA has an accurate measure of the noise in
communities surrounding airports and allow them to take steps to
mitigate it.
Since the FAA implemented NextGen in 2015, my Silicon Valley district
constituents have been consistently subjected to a higher volume of
noise complaints impacting their lives daily. I have never experienced
anything like this in 25 years of representation. It is unprecedented.
There is a 1,000 percent increase in noise complaints.
So this amendment is an important first step, and it is a first step
in alleviating the constant noise, consistent noise over our
congressional districts, and I am committed to working with the FAA and
the many engaged, really, hundreds and hundreds of engaged constituents
in my district until this issue is resolved.
Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Knight).
Mr. KNIGHT. Mr. Chairman, I rise in support of the FAA
Reauthorization Act of 2018.
Chairman Shuster and his staff should be recognized for their
tireless work to bring all stakeholders together to modernize our
aerospace system, streamline the process for bringing new aircraft
technology to market, and lay the groundwork for safely integrating
unmanned aircraft systems into the 21st century commerce.
This bill is important for the continued growth of the U.S. aircraft
industry and for all passengers of today and the future, and for the
continued legacy of aviation innovation in southern California. Their
safety is underwritten in several portions of the bill, including
several drawn from the FLIGHT R&D Act, a bill I introduced last year to
prioritize research and development on several critical civil airspace
challenges.
As reflected in this bill, the FAA must develop a streamlined, risk-
based process for certifying the operation of new UASs.
The FAA has a key role in working with private sector partners to
tackle sense-and-avoid technology challenge and enable safe testing of
beyond-line-of-sight operations. Putting appropriate resources behind
these technology priorities will ensure American innovations have the
space to test, develop, and safely integrate UAS technology before
foreign competitors capture these emerging industries.
The Acting CHAIR. The time of the gentleman has expired.
Mr. SHUSTER. I yield the gentleman from California an additional 15
seconds.
Mr. KNIGHT. Mr. Chairman, this is a fiscally responsible bill, and
was drafted to ensure taxpayer resources are wisely and efficiently
used to meet public objectives for safety and economic growth and a
better way to move around the country. I urge my colleagues to support
this bill.
Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentleman from
Ohio (Mr. Gibbs).
Mr. GIBBS. Mr. Chairman, this bill does a number of important things
for our aviation industry, for safety, and for the traveling public,
including providing stable funding and a clear regulatory framework. In
my home State of Ohio, all these are critically important.
The partnership between the Federal Government and the airports is
strengthened in this legislation. Stable funding for the Airport
Improvement Program ensures that airports can continue to evolve, grow,
and plan thoughtfully for the long term.
Ohio's airports provide nearly $14 billion of economic activity for
the State. They support 75,000 direct and indirect jobs; they are
partners with our Reserve and Guard military wings; and they are the
front door to interstate and international commerce for our
communities.
Ohio's airports employ long-term planning, using a variety of funding
mechanisms to maximize the value of investments in facilities and
infrastructure. This bill advances and supports that growth. I am
pleased to see long-term certainty for the aviation industry through a
5-year reauthorization, and I encourage my colleagues to support this
bill and pass H.R. 4.
Mr. DeFAZIO. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. SHUSTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Denham), the chairman of the Railroads, Pipelines,
and Hazardous Materials Subcommittee.
Mr. DENHAM. Mr. Chairman, the Disaster Recovery Reform Act builds on
important emergency management reforms that the Transportation and
Infrastructure Committee produced in the Sandy Recovery Improvement
Act.
Representing a neighboring district to the California wildfires last
year, I have seen firsthand how these reforms streamline disaster
assistance to survivors. California was able to utilize those reforms
like alternative procedures for debris removal, updated individual
assistance, declaration factors, changes to the Hazard Mitigation Grant
Program, and many others.
But there is still work to be done, and Congress recognized that by
passing legislation that I authored in the SMART Rebuilding Act, to
provide Federal cost share incentives to States. These measures
encourage mitigation by establishing a National Public Infrastructure
Pre-Disaster Mitigation Fund, and allow implementation of design codes
as an eligible cost for FEMA's Public Assistance Program.
I want to clarify that the nationally recognizable design codes in
this legislation are intended to include State and local participation
and recognize the unique threats that our diverse country faces.
Another area which can be improved in California is the issue of
inverse condemnation. This is a dangerous precedent which is
threatening the ability of public and private utilities to survive in
California. Every dollar invested in mitigation results in $4 in cost
savings.
I support H.R. 4 and urge its passage.
Mr. DeFAZIO. Mr. Chairman, I continue to reserve the balance of my
time.
[[Page H3598]]
Mr. SHUSTER. Mr. Chairman, I just have one more speaker, and then I
am ready to close.
I yield 1 minute to the gentleman from Florida (Mr. Posey).
Mr. POSEY. Mr. Chairman, for 7 years, I have been working to provide
American companies with the capability to conduct commercial space
support activities. American companies would like to utilize space
support vehicles to train crews and space flight participants for the
rigors of space flight and research.
Last year, our office worked with the Transportation and
Infrastructure Committee to draft language to address this issue. At
the time, we agreed on language that the committee included in the
manager's amendment to an older version of the FAA reauthorization.
Since that time, a whole lot has changed in the commercial space
industry.
Recently, I worked with the industry, in coordination with the FAA,
to create a legislative solution to allow these companies to operate.
My bill, H.R. 5346, was favorably supported from the Science, Space,
and Technology Committee a month ago, and has the support of industry
and the FAA.
We owe it to our Nation's commercial space industry to get this
language right. I am sure you will agree with me that we cannot support
the passage of outdated or problematic language, and I hope you will
commit to working with me, going forward, to provide the industry with
an effective legislative solution.
Mr. SHUSTER. Will the gentleman yield?
Mr. POSEY. I yield to the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Chairman, this is an issue that I know the gentleman
from Florida cares deeply about and has been a champion for his
constituents in the commercial space industry. I do commit to the
gentleman to work with him as we move to advance this bill forward.
Mr. Chairman, I am prepared to close if the gentleman from Oregon is.
I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
Mr. SHUSTER. Mr. Chairman, I encourage all Members to support this
positive reauthorization of the FAA. I yield back the balance of my
time.
Mr. CONNOLLY. Mr. Chair, I rise today in opposition to the amendment
offered by my friend Mr. Cuellar and our colleagues from Texas.
This amendment amends the Slot and Perimeter rules at Washington
National Airport.
It provides a special carve out for airports in two cities.
It upends the current regime which was carefully crafted by Congress
to maintain operational stability between the three DC-area airports--
National, Dulles, and BWI.
As a longtime representative of the area around Dulles and as someone
who fought for an extension of Metro to Dulles, I have to admit I am
offended by this effort which would do harm to commercial domestic
passenger volume at Dulles--Northern Virginia's premier international
airport.
Since Congress amended the Slot rule in 2000, passenger traffic at
National has increased by 50 percent and traffic at Dulles has declined
by 9 percent.
I ask my colleagues to oppose this amendment and refrain from
inflicting harm on the area economies of their colleagues' districts.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule and shall be considered as read.
The text of the bill is as follows:
H.R. 4
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Reauthorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Adjustment to AIP program funding.
Sec. 105. Funding for aviation programs.
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charge modernization.
Sec. 112. Pilot program for passenger facility charge authorizations.
Subtitle C--Airport Improvement Program Modifications
Sec. 121. Clarification of airport obligation to provide FAA airport
space.
Sec. 122. Mothers' rooms at airports.
Sec. 123. Extension of competitive access reports.
Sec. 124. Grant assurances.
Sec. 125. Government share of project costs.
Sec. 126. Updated veterans' preference.
Sec. 127. Special rule.
Sec. 128. Marshall Islands, Micronesia, and Palau.
Sec. 129. Nondiscrimination.
Sec. 130. State block grant program expansion.
Sec. 131. Midway Island Airport.
Sec. 132. Property conveyance releases.
Sec. 133. Minority and disadvantaged business participation.
Sec. 134. Contract tower program.
Sec. 135. Airport access roads in remote locations.
Sec. 136. Buy America requirements.
Subtitle D--Airport Noise and Environmental Streamlining
Sec. 151. Recycling plans for airports.
Sec. 152. Pilot program sunset.
Sec. 153. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 154. Updating airport noise exposure maps.
Sec. 155. Stage 3 aircraft study.
Sec. 156. Addressing community noise concerns.
Sec. 157. Study on potential health impacts of overflight noise.
Sec. 158. Environmental mitigation pilot program.
Sec. 159. Aircraft noise exposure.
Sec. 160. Community involvement in FAA NextGen projects located in
metroplexes.
Sec. 161. Critical habitat on or near airport property.
Sec. 162. Clarification of reimbursable allowed costs of FAA memoranda
of agreement.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
Sec. 201. Definitions.
Sec. 202. Safety Oversight and Certification Advisory Committee.
Subtitle B--Aircraft Certification Reform
Sec. 211. Aircraft certification performance objectives and metrics.
Sec. 212. Organization designation authorizations.
Sec. 213. ODA review.
Sec. 214. Type certification resolution process.
Sec. 215. Review of certification process for small general aviation
airplanes.
Subtitle C--Flight Standards Reform
Sec. 231. Flight standards performance objectives and metrics.
Sec. 232. FAA task force on flight standards reform.
Sec. 233. Centralized safety guidance database.
Sec. 234. Regulatory Consistency Communications Board.
Subtitle D--Safety Workforce
Sec. 241. Safety workforce training strategy.
Sec. 242. Workforce review.
Subtitle E--International Aviation
Sec. 251. Promotion of United States aerospace standards, products, and
services abroad.
Sec. 252. Bilateral exchanges of safety oversight responsibilities.
Sec. 253. FAA leadership abroad.
Sec. 254. Registration, certification, and related fees.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. FAA technical training.
Sec. 302. Safety critical staffing.
Sec. 303. International efforts regarding tracking of civil aircraft.
Sec. 304. Aircraft data access and retrieval systems.
Sec. 305. Advanced cockpit displays.
Sec. 306. Marking of towers.
Sec. 307. Cabin evacuation.
Sec. 308. ODA staffing and oversight.
Sec. 309. Funding for additional safety needs.
Sec. 310. Funding for additional FAA licensing needs.
Sec. 311. Emergency medical equipment on passenger aircraft.
Sec. 312. HIMS program.
Sec. 313. Acceptance of voluntarily provided safety information.
Sec. 314. Flight attendant duty period limitations and rest
requirements.
Sec. 315. Secondary cockpit barriers.
Sec. 316. Aviation maintenance industry technical workforce.
Sec. 317. Critical airfield markings.
Sec. 318. Regulatory Reform.
Subtitle B--Unmanned Aircraft Systems
Sec. 331. Definitions.
Sec. 332. Codification of existing law; additional provisions.
Sec. 333. Unmanned aircraft test ranges.
Sec. 334. Sense of Congress regarding unmanned aircraft safety.
[[Page H3599]]
Sec. 335. UAS privacy review.
Sec. 336. Public UAS operations by Tribal governments.
Sec. 337. Evaluation of aircraft registration for small unmanned
aircraft.
Sec. 338. Study on roles of governments relating to low-altitude
operation of small unmanned aircraft.
Sec. 339. Study on financing of unmanned aircraft services.
Sec. 340. Update of FAA comprehensive plan.
Sec. 341. Cooperation related to certain counter-UAS technology.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
Sec. 401. Reliable air service in American Samoa.
Sec. 402. Cell phone voice communication ban.
Sec. 403. Advisory committee for aviation consumer protection.
Sec. 404. Improved notification of insecticide use.
Sec. 405. Advertisements and disclosure of fees for passenger air
transportation.
Sec. 406. Involuntarily bumping passengers after aircraft boarded.
Sec. 407. Availability of consumer rights information.
Sec. 408. Consumer complaints hotline.
Sec. 409. Widespread disruptions.
Sec. 410. Involuntarily denied boarding compensation.
Sec. 411. Consumer information on actual flight times.
Sec. 412. Advisory committee for transparency in air ambulance
industry.
Sec. 413. Air ambulance complaints.
Sec. 414. Passenger rights.
Subtitle B--Aviation Consumers With Disabilities
Sec. 441. Select subcommittee.
Sec. 442. Aviation consumers with disabilities study.
Sec. 443. Feasibility study on in-cabin wheelchair restraint systems.
Sec. 444. Access advisory committee recommendations.
Subtitle C--Small Community Air Service
Sec. 451. Essential air service authorization.
Sec. 452. Extension of final order establishing mileage adjustment
eligibility.
Sec. 453. Study on essential air service reform.
Sec. 454. Small community air service.
Sec. 455. Air transportation to noneligible places.
TITLE V--MISCELLANEOUS
Sec. 501. Review of FAA strategic cybersecurity plan.
Sec. 502. Consolidation and realignment of FAA services and facilities.
Sec. 503. FAA review and reform.
Sec. 504. Aviation fuel.
Sec. 505. Right to privacy when using air traffic control system.
Sec. 506. Air shows.
Sec. 507. Part 91 review, reform, and streamlining.
Sec. 508. Aircraft registration.
Sec. 509. Air transportation of lithium cells and batteries.
Sec. 510. Remote tower pilot program for rural and small communities.
Sec. 511. Ensuring FAA readiness to provide seamless oceanic
operations.
Sec. 512. Sense of Congress regarding women in aviation.
Sec. 513. Obstruction evaluation aeronautical studies.
Sec. 514. Aircraft leasing.
Sec. 515. Report on obsolete test equipment.
Sec. 516. Pilots sharing flight expenses with passengers.
Sec. 517. Aviation rulemaking committee for part 135 pilot rest and
duty rules.
Sec. 518. Metropolitan Washington Airports Authority.
Sec. 519. Terminal Aerodrome Forecast.
Sec. 520. Federal Aviation Administration employees stationed on Guam.
Sec. 521. Technical corrections.
Sec. 522. Application of veterans' preference to Federal Aviation
Administration personnel management system.
Sec. 523. Public aircraft eligible for logging flight times.
Sec. 524. Federal Aviation Administration workforce review.
Sec. 525. State taxation.
Sec. 526. Aviation and aerospace workforce of the future.
Sec. 527. Future aviation and aerospace workforce study.
Sec. 528. FAA leadership on civil supersonic aircraft.
Sec. 529. Oklahoma registry office.
Sec. 530. Foreign air transportation under United States-European Union
Air Transport Agreement.
Sec. 531. Training on human trafficking for certain staff.
Sec. 532. Part 107 implementation improvements.
Sec. 533. Part 107 transparency and technology improvements.
Sec. 534. Prohibitions against smoking on passenger flights.
Sec. 535. Consumer protection requirements relating to large ticket
agents.
Sec. 536. FAA data transparency.
Sec. 537. Agency procurement reporting requirements.
Sec. 538. Zero-emission vehicles and technology.
Sec. 539. Employee Assault Prevention and Response Plans.
Sec. 540. Study on training of customer-facing air carrier employees.
Sec. 541. Minimum dimensions for passenger seats.
Sec. 542. Study of ground transportation options.
TITLE VI--DISASTER RECOVERY REFORM ACT
Sec. 601. Applicability.
Sec. 602. State defined.
Sec. 603. Wildfire prevention.
Sec. 604. Additional activities.
Sec. 605. Eligibility for code implementation and enforcement.
Sec. 606. Program improvements.
Sec. 607. Prioritization of facilities.
Sec. 608. Guidance on evacuation routes.
Sec. 609. Duplication of benefits.
Sec. 610. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 611. Assistance to individuals and households.
Sec. 612. Multifamily lease and repair assistance.
Sec. 613. Private nonprofit facility.
Sec. 614. Management costs.
Sec. 615. Flexibility.
Sec. 616. Additional disaster assistance.
Sec. 617. National veterinary emergency teams.
Sec. 618. Dispute resolution pilot program.
Sec. 619. Unified Federal environmental and historic preservation
review.
Sec. 620. Closeout incentives.
Sec. 621. Performance of services.
Sec. 622. Study to streamline and consolidate information collection.
Sec. 623. Agency accountability.
Sec. 624. Audit of contracts.
Sec. 625. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 626. Relief organizations.
Sec. 627. Guidance on inundated and submerged roads.
Sec. 628. Authorities.
Sec. 629. Recoupment of certain assistance prohibited.
Sec. 630. Statute of limitations.
Sec. 631. Technical assistance and recommendations.
Sec. 632. Guidance on hazard mitigation assistance.
Sec. 633. Local impact.
Sec. 634. Additional hazard mitigation activities.
Sec. 635. National public infrastructure predisaster hazard mitigation.
Sec. 636. Additional mitigation activities.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 711. Associate Administrator for Research and Development.
Sec. 712. Research advisory committee.
Subtitle C--Unmanned Aircraft Systems
Sec. 721. Unmanned aircraft systems research and development roadmap.
Sec. 722. Probabilistic metrics for exemptions.
Sec. 723. Probabilistic assessment of risks.
Sec. 724. Unmanned aerial vehicle-manned aircraft collision research.
Sec. 725. Special rule for research and development.
Sec. 726. Beyond line-of-sight research and development.
Subtitle D--Cybersecurity
Sec. 731. Cyber Testbed.
Sec. 732. Cabin communications, entertainment, and information
technology systems cybersecurity vulnerabilities.
Sec. 733. Cybersecurity threat modeling.
Sec. 734. National Institute of Standards and Technology cybersecurity
standards.
Sec. 735. Cybersecurity research coordination.
Sec. 736. Cybersecurity research and development program.
Subtitle E--FAA Research and Development Activities
Sec. 741. Research plan for the certification of new technologies into
the national airspace system.
Sec. 742. Aviation fuel research, development, and usage.
Sec. 743. Air traffic surveillance over oceans and other remote
locations.
Sec. 744. Single-piloted commercial cargo aircraft.
Sec. 745. Electromagnetic spectrum research and development.
TITLE VIII--AVIATION REVENUE PROVISIONS
Sec. 801. Expenditure authority from Airport and Airway Trust Fund.
Sec. 802. Extension of taxes funding Airport and Airway Trust Fund.
SEC. 2. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on the date of
enactment of this Act.
[[Page H3600]]
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United
States Code, is amended by striking ``section 47504(c)'' and
all that follows through the period at the end and inserting
the following: ``section 47504(c)--
``(1) $3,350,000,000 for fiscal year 2018;
``(2) $3,350,000,000 for fiscal year 2019;
``(3) $3,350,000,000 for fiscal year 2020;
``(4) $3,350,000,000 for fiscal year 2021;
``(5) $3,350,000,000 for fiscal year 2022; and
``(6) $3,350,000,000 for fiscal year 2023.''.
(b) Obligation Authority.--Section 47104(c) of title 49,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``2018,'' and inserting ``2023,''.
SEC. 102. FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations From Airport and Airway
Trust Fund.--Section 48101(a) of title 49, United States
Code, is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) $2,920,000,000 for fiscal year 2018.
``(2) $2,984,000,000 for fiscal year 2019.
``(3) $3,049,000,000 for fiscal year 2020.
``(4) $3,118,000,000 for fiscal year 2021.
``(5) $3,190,000,000 for fiscal year 2022.
``(6) $3,263,000,000 for fiscal year 2023.''.
(b) Set Asides.--Section 48101(d) of title 49, United
States Code, is amended by inserting ``, carried out using
amounts appropriated under subsection (a),'' after ``air
traffic control modernization project''.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United
States Code, is amended by striking subparagraphs (A) through
(F) and inserting the following:
``(A) $10,231,000,000 for fiscal year 2018;
``(B) $10,434,000,000 for fiscal year 2019;
``(C) $10,639,000,000 for fiscal year 2020;
``(D) $10,861,000,000 for fiscal year 2021;
``(E) $11,095,000,000 for fiscal year 2022; and
``(F) $11,329,000,000 for fiscal year 2023.''.
(b) Authority to Transfer Funds.--Section 106(k)(3) of
title 49, United States Code, is amended by striking ``fiscal
years 2012 through 2018,'' and inserting ``fiscal years 2018
through 2023,''.
SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING.
Section 48112 of title 49, United States Code, and the item
relating to such section in the analysis for chapter 481 of
such title, are repealed.
SEC. 105. FUNDING FOR AVIATION PROGRAMS.
Section 48114(a)(1)(A)(ii) of title 49, United States Code,
is amended by striking ``in fiscal year 2014 and each fiscal
year thereafter'' and inserting ``in fiscal years 2014
through 2018''.
Subtitle B--Passenger Facility Charges
SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION.
Section 40117(b) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``or $3'' and inserting
``$3, $4, or $4.50'';
(2) by repealing paragraph (4);
(3) in paragraph (6)--
(A) by striking ``specified in paragraphs (1) and (4)'' and
inserting ``specified in paragraph (1)''; and
(B) by striking ``imposed under paragraph (1) or (4)'' and
inserting ``imposed under paragraph (1)''; and
(4) in paragraph (7)(A)--
(A) by striking ``specified in paragraphs (1), (4), and
(6)'' and inserting ``specified in paragraphs (1) and (6)'';
and
(B) by striking ``imposed under paragraph (1) or (4)'' and
inserting ``imposed under paragraph (1)''.
SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY CHARGE
AUTHORIZATIONS.
Section 40117(l) of title 49, United States Code, is
amended--
(1) in the subsection heading by striking ``at Nonhub
Airports''; and
(2) in paragraph (1) by striking ``nonhub''.
Subtitle C--Airport Improvement Program Modifications
SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO PROVIDE FAA
AIRPORT SPACE.
Section 44502 of title 49, United States Code, is amended
by adding at the end the following:
``(f) Airport Space.--
``(1) In general.--Except as provided in paragraph (2), the
Administrator of the Federal Aviation Administration may not
require an airport owner, operator, or sponsor (as defined in
section 47102) to provide building construction, maintenance,
utilities, administrative support, or space on airport
property to the Federal Aviation Administration without
adequate compensation.
``(2) Exceptions.--Paragraph (1) does not apply in any case
in which an airport owner, operator, or sponsor--
``(A) provides land or buildings without compensation to
the Federal Aviation Administration for facilities used to
carry out activities related to air traffic control or
navigation pursuant to a grant assurance; or
``(B) provides goods or services to the Federal Aviation
Administration without compensation or at below-market rates
pursuant to a negotiated agreement between the owner,
operator, or sponsor and the Administrator.''.
SEC. 122. MOTHERS' ROOMS AT AIRPORTS.
(a) Lactation Area Defined.--Section 47102 of title 49,
United States Code, is amended by adding at the end the
following:
``(29) `lactation area' means a room or other location in a
commercial service airport that--
``(A) provides a location for members of the public to
express breast milk that is shielded from view and free from
intrusion from the public;
``(B) has a door that can be locked;
``(C) includes a place to sit, a table or other flat
surface, and an electrical outlet;
``(D) is readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs;
and
``(E) is not located in a restroom.''.
(b) Project Grant Written Assurances for Large and Medium
Hub Airports.--
(1) In general.--Section 47107(a) of title 49, United
States Code, is amended--
(A) in paragraph (20) by striking ``and'' at the end;
(B) in paragraph (21) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(22) with respect to a medium or large hub airport, the
airport owner or operator will maintain a lactation area in
each passenger terminal building of the airport in the
sterile area (as defined in section 1540.5 of title 49, Code
of Federal Regulations) of the building.''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1) shall
apply to a project grant application submitted for a fiscal
year beginning on or after the date that is 2 years after the
date of enactment of this Act.
(B) Special rule.--The requirement in the amendment made by
paragraph (1) that a lactation area be located in the sterile
area of a passenger terminal building shall not apply with
respect to a project grant application for a period of time,
determined by the Secretary of Transportation, if the
Secretary determines that construction or maintenance
activities make it impracticable or unsafe for the lactation
area to be located in the sterile area of the building.
(c) Terminal Development Costs.--Section 47119(a) of title
49, United States Code, is amended by adding at the end the
following:
``(3) Lactation areas.--In addition to the projects
described in paragraph (1), the Secretary may approve a
project for terminal development for the construction or
installation of a lactation area at a commercial service
airport.''.
(d) Pre-Existing Facilities.--On application by an airport
sponsor, the Secretary may determine that a lactation area in
existence on the date of enactment of this Act complies with
the requirement of section 47107(a)(22) of title 49, United
States Code, as added by this section, notwithstanding the
absence of one of the facilities or characteristics referred
to in the definition of the term ``lactation area'' in
section 47102 of such title, as added by this section.
SEC. 123. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(r)(3) of title 49, United States Code, is
amended by striking ``2018'' and inserting ``2023''.
SEC. 124. GRANT ASSURANCES.
(a) Construction of Recreational Aircraft.--Section 47107
of title 49, United States Code, is amended by adding at the
end the following:
``(u) Construction of Recreational Aircraft.--
``(1) In general.--The construction of a covered aircraft
shall be treated as an aeronautical activity for purposes
of--
``(A) determining an airport's compliance with a grant
assurance made under this section or any other provision of
law; and
``(B) the receipt of Federal financial assistance for
airport development.
``(2) Covered aircraft defined.--In this subsection, the
term `covered aircraft' means an aircraft--
``(A) used or intended to be used exclusively for
recreational purposes; and
``(B) constructed or under construction by a private
individual at a general aviation airport.''.
(b) Community Use of Airport Land.--Section 47107 of title
49, United States Code, as amended by this section, is
further amended by adding at the end the following:
``(v) Community Use of Airport Land.--
``(1) In general.--Notwithstanding subsection (a)(13), and
subject to paragraph (2), the sponsor of a public-use airport
shall not be considered to be in violation of this subtitle,
or to be found in violation of a grant assurance made under
this section, or under any other provision of law, as a
condition for the receipt of Federal financial assistance for
airport development, solely because the sponsor has entered
into an agreement, including a revised agreement, with a
local government providing for the use of airport property
for an interim compatible recreational purpose at below fair
market value.
``(2) Restrictions.--This subsection shall apply only--
``(A) to an agreement regarding airport property that was
initially entered into before the publication of the Federal
Aviation Administration's Policy and Procedures Concerning
the Use of Airport Revenue, dated February 16, 1999;
``(B) if the agreement between the sponsor and the local
government is subordinate to any existing or future
agreements between the sponsor and the Secretary, including
agreements related to a grant assurance under this section;
``(C) to airport property that was acquired under a Federal
airport development grant program;
[[Page H3601]]
``(D) if the airport sponsor has provided a written
statement to the Administrator that the property made
available for a recreational purpose will not be needed for
any aeronautical purpose during the next 10 years;
``(E) if the agreement includes a term of not more than 2
years to prepare the airport property for the interim
compatible recreational purpose and not more than 10 years of
use for that purpose;
``(F) if the recreational purpose will not impact the
aeronautical use of the airport;
``(G) if the airport sponsor provides a certification that
the sponsor is not responsible for preparation, start-up,
operations, maintenance, or any other costs associated with
the recreational purpose; and
``(H) if the recreational purpose is consistent with
Federal land use compatibility criteria under section 47502.
``(3) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the
community use of airport land.''.
SEC. 125. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109(a) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``primary airport having
at least .25 percent of the total number of passenger
boardings each year at all commercial service airports;'' and
inserting ``medium or large hub airport;''; and
(2) by striking paragraph (5) and inserting the following:
``(5) 95 percent for a project that--
``(A) the Administrator determines is a successive phase of
a multi-phase construction project for which the sponsor
received a grant in fiscal year 2011; and
``(B) for which the United States Government's share of
allowable project costs could otherwise be 90 percent under
paragraph (2) or (3).''.
SEC. 126. UPDATED VETERANS' PREFERENCE.
Section 47112(c)(1)(C) of title 49, United States Code, is
amended--
(1) by striking ``or Operation New Dawn for more'' and
inserting ``Operation New Dawn, Operation Inherent Resolve,
Operation Freedom's Sentinel, or any successor contingency
operation to such operations for more''; and
(2) by striking ``or Operation New Dawn (whichever is
later)'' and inserting ``Operation New Dawn, Operation
Inherent Resolve, Operation Freedom's Sentinel, or any
successor contingency operation to such operations (whichever
is later)''.
SEC. 127. SPECIAL RULE.
Section 47114(d)(3) of title 49, United States Code, is
amended by adding at the end the following:
``(C) During fiscal years 2018 through 2020--
``(i) an airport that accrued apportionment funds under
subparagraph (A) in fiscal year 2013 that is listed as having
an unclassified status under the most recent national plan of
integrated airport systems shall continue to accrue
apportionment funds under subparagraph (A) at the same amount
the airport accrued apportionment funds in fiscal year 2013,
subject to the conditions of this paragraph;
``(ii) notwithstanding the period of availability as
described in section 47117(b), an amount apportioned to an
airport under clause (i) shall be available to the airport
only during the fiscal year in which the amount is
apportioned; and
``(iii) notwithstanding the waiver permitted under section
47117(c)(2), an airport receiving apportionment funds under
clause (i) may not waive its claim to any part of the
apportioned funds in order to make the funds available for a
grant for another public-use airport.
``(D) An airport that re-establishes its classified status
shall be eligible to accrue apportionment funds pursuant to
subparagraph (A) so long as such airport retains its
classified status.''.
SEC. 128. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115 of title 49, United States Code, is amended--
(1) by striking subsection (i);
(2) by redesignating subsection (j) as subsection (i); and
(3) in subsection (i) (as so redesignated) by striking
``fiscal years 2012 through 2018'' and inserting ``fiscal
years 2018 through 2023''.
SEC. 129. NONDISCRIMINATION.
Section 47123 of title 49, United States Code, is amended--
(1) by striking ``The Secretary of Transportation'' and
inserting the following:
``(a) In General.--The Secretary of Transportation''; and
(2) by adding at the end the following:
``(b) Indian Employment.--
``(1) Tribal sponsor preference.--Consistent with section
703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
2(i)), nothing in this section shall preclude the
preferential employment of Indians living on or near a
reservation on a project or contract at--
``(A) an airport sponsored by an Indian tribal government;
or
``(B) an airport located on an Indian reservation.
``(2) State preference.--A State may implement a preference
for employment of Indians on a project carried out under this
subchapter near an Indian reservation.
``(3) Implementation.--The Secretary shall cooperate with
Indian tribal governments and the States to implement this
subsection.
``(4) Indian tribal government defined.--In this section,
the term `Indian tribal government' has the same meaning
given that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).''.
SEC. 130. STATE BLOCK GRANT PROGRAM EXPANSION.
Section 47128(a) of title 49, United States Code, is
amended by striking ``not more than 9 qualified States for
fiscal years 2000 and 2001 and 10 qualified States for each
fiscal year thereafter'' and inserting ``not more than 20
qualified States for each fiscal year''.
SEC. 131. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended in the first
sentence by striking ``fiscal years 2012 through 2018'' and
inserting ``fiscal years 2018 through 2023''.
SEC. 132. PROPERTY CONVEYANCE RELEASES.
Section 817(a) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47125 note) is amended--
(1) by striking ``or section 23'' and inserting ``, section
23''; and
(2) by inserting ``, or section 47125 of title 49, United
States Code'' before the period at the end.
SEC. 133. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business
enterprise program (49 U.S.C. 47107(e) and 47113),
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned
businesses seeking to do business in airport-related markets
across the Nation. These continuing barriers merit the
continuation of the airport disadvantaged business enterprise
program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits.
This testimony and documentation shows that race- and gender-
neutral efforts alone are insufficient to address the
problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-related businesses of women
business owners and minority business owners in the racial
groups detailed in parts 23 and 26 of title 49, Code of
Federal Regulations, and has impacted firm development and
many aspects of airport-related business in the public and
private markets.
(4) This testimony and documentation provides a strong
basis that there is a compelling need for the continuation of
the airport disadvantaged business enterprise program and the
airport concessions disadvantaged business enterprise program
to address race and gender discrimination in airport-related
business.
SEC. 134. CONTRACT TOWER PROGRAM.
(a) Air Traffic Control Contract Program.--
(1) Special rule.--Section 47124(b)(1)(B) of title 49,
United States Code, is amended by striking ``exceeds the
benefit for a period of 18 months after such determination is
made'' and inserting the following: ``exceeds the benefit--
``(i) for the 1-year period after such determination is
made; or
``(ii) if an appeal of such determination is requested, for
the 1-year period described in subsection (d)(4)(D)''.
(2) Funding of cost-share program.--Section 47124(b)(3)(E)
of title 49, United States Code, is amended to read as
follows:
``(E) Funding.--Amounts appropriated pursuant to section
106(k)(1) may be used to carry out this paragraph.''.
(3) Construction of air traffic control towers.--
(A) Grants.--Section 47124(b)(4)(A) of title 49, United
States Code, is amended in each of clauses (i)(III) and
(ii)(III) by inserting ``, including remote air traffic
control tower equipment certified by the Federal Aviation
Administration'' after ``1996''.
(B) Eligibility.--Section 47124(b)(4)(B)(i)(I) of title 49,
United States Code, is amended by striking ``pilot''.
(C) Limitation on federal share.--Section 47124(b)(4) of
title 49, United States Code, is amended by striking
subparagraph (C).
(4) Benefit-to-cost calculation for program applicants.--
Section 47124(b)(3) of title 49, United States Code, is
amended by adding at the end the following:
``(G) Benefit-to-cost calculation.--Not later than 90 days
after receiving an application to the Contract Tower Program,
the Secretary shall calculate a benefit-to-cost ratio (as
described in subsection (d)) for the applicable air traffic
control tower for purposes of selecting towers for
participation in the Contract Tower Program.''.
(b) Criteria To Evaluate Participants.--Section 47124 of
title 49, United States Code, is amended by adding at the end
the following:
``(d) Criteria To Evaluate Participants.--
``(1) Timing of evaluations.--
``(A) Towers participating in cost-share program.--In the
case of an air traffic control tower that is operated under
the program established under subsection (b)(3), the
[[Page H3602]]
Secretary shall annually calculate a benefit-to-cost ratio
with respect to the tower.
``(B) Towers participating in contract tower program.--In
the case of an air traffic control tower that is operated
under the program established under subsection (a) and
continued under subsection (b)(1), the Secretary shall not
calculate a benefit-to-cost ratio after the date of enactment
of this subsection with respect to the tower unless the
Secretary determines that the annual aircraft traffic at the
airport where the tower is located has decreased--
``(i) by more than 25 percent from the previous year; or
``(ii) by more than 55 percent cumulatively in the
preceding 3-year period.
``(2) Costs to be considered.--In establishing a benefit-
to-cost ratio under this section with respect to an air
traffic control tower, the Secretary shall consider only the
following costs:
``(A) The Federal Aviation Administration's actual cost of
wages and benefits of personnel working at the tower.
``(B) The Federal Aviation Administration's actual
telecommunications costs directly associated with the tower.
``(C) The Federal Aviation Administration's costs of
purchasing and installing any air traffic control equipment
that would not have been purchased or installed except as a
result of the operation of the tower.
``(D) The Federal Aviation Administration's actual travel
costs associated with maintaining air traffic control
equipment that is owned by the Administration and would not
be maintained except as a result of the operation of the
tower.
``(E) Other actual costs of the Federal Aviation
Administration directly associated with the tower that would
not be incurred except as a result of the operation of the
tower (excluding costs for non-contract tower related
personnel and equipment, even if the personnel or equipment
are located in the contract tower building).
``(3) Other criteria to be considered.--In establishing a
benefit-to-cost ratio under this section with respect to an
air traffic control tower, the Secretary shall add a 10
percentage point margin of error to the benefit-to-cost ratio
determination to acknowledge and account for the direct and
indirect economic and other benefits that are not included in
the criteria the Secretary used in calculating that ratio.
``(4) Review of cost-benefit determinations.--In issuing a
benefit-to-cost ratio determination under this section with
respect to an air traffic control tower located at an
airport, the Secretary shall implement the following
procedures:
``(A) The Secretary shall provide the airport (or the State
or local government having jurisdiction over the airport) at
least 90 days following the date of receipt of the
determination to submit to the Secretary a request for an
appeal of the determination, together with updated or
additional data in support of the appeal.
``(B) Upon receipt of a request for an appeal submitted
pursuant to subparagraph (A), the Secretary shall--
``(i) transmit to the Administrator of the Federal Aviation
Administration any updated or additional data submitted in
support of the appeal; and
``(ii) provide the Administrator not more than 90 days to
review the data and provide a response to the Secretary based
on the review.
``(C) After receiving a response from the Administrator
pursuant to subparagraph (B), the Secretary shall--
``(i) provide the airport, State, or local government that
requested the appeal at least 30 days to review the response;
and
``(ii) withhold from taking further action in connection
with the appeal during that 30-day period.
``(D) If, after completion of the appeal procedures with
respect to the determination, the Secretary requires the
tower to transition into the program established under
subsection (b)(3), the Secretary shall not require a cost-
share payment from the airport, State, or local government
for 1 year following the last day of the 30-day period
described in subparagraph (C).''.
SEC. 135. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS.
Notwithstanding section 47102 of title 49, United States
Code, for fiscal years 2018 through 2021, the definition of
the term ``terminal development'' under that section includes
the development of an airport access road that--
(1) is located in a noncontiguous State;
(2) is not more than 3 miles in length;
(3) connects to the nearest public roadways of not more
than the 2 closest census designated places; and
(4) is constructed for the purpose of connecting the census
designated places with a planned or newly constructed
airport.
SEC. 136. BUY AMERICA REQUIREMENTS.
(a) Notice of Waivers.--If the Secretary of Transportation
determines that it is necessary to waive the application of
section 50101(a) of title 49, United States Code, based on a
finding under section 50101(b) of that title, the Secretary,
at least 10 days before the date on which the waiver takes
effect, shall--
(1) make publicly available, in an easily identifiable
location on the website of the Department of Transportation,
a detailed written justification of the waiver determination;
and
(2) provide an informal public notice and comment
opportunity on the waiver determination.
(b) Annual Report.--For each fiscal year, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on waivers issued under section 50101 of
title 49, United States Code, during the fiscal year.
Subtitle D--Airport Noise and Environmental Streamlining
SEC. 151. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a)(6) of title 49, United States Code, is
amended by inserting ``that includes the project'' before ``,
the master plan''.
SEC. 152. PILOT PROGRAM SUNSET.
(a) In General.--Section 47140 of title 49, United States
Code, is repealed.
(b) Conforming Amendment.--Section 47140a of title 49,
United States Code, is redesignated as section 47140.
(c) Clerical Amendments.--The analysis for chapter 471 of
title 49, United States Code, is amended--
(1) by striking the items relating to sections 47140 and
47140a; and
(2) by inserting after the item relating to section 47139
the following:
``47140. Increasing the energy efficiency of airport power sources.''.
SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND
USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.
Section 47141(f) of title 49, United States Code, is
amended by striking ``2018'' and inserting ``2023''.
SEC. 154. UPDATING AIRPORT NOISE EXPOSURE MAPS.
Section 47503(b) of title 49, United States Code, is
amended to read as follows:
``(b) Revised Maps.--
``(1) In general.--An airport operator that submitted a
noise exposure map under subsection (a) shall submit a
revised map to the Secretary if, in an area surrounding an
airport, a change in the operation of the airport would
establish a substantial new noncompatible use, or would
significantly reduce noise over existing noncompatible uses,
that is not reflected in either the existing conditions map
or forecast map currently on file with the Federal Aviation
Administration.
``(2) Timing.--A submission under paragraph (1) shall be
required only if the relevant change in the operation of the
airport occurs during--
``(A) the forecast period of the applicable noise exposure
map submitted by an airport operator under subsection (a); or
``(B) the implementation period of the airport operator's
noise compatibility program.''.
SEC. 155. STAGE 3 AIRCRAFT STUDY.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the potential benefits,
costs, and other impacts that would result from a phaseout of
covered stage 3 aircraft.
(b) Contents.--The review shall include--
(1) a determination of the number, types, frequency of
operations, and owners and operators of covered stage 3
aircraft;
(2) an analysis of the potential benefits, costs, and other
impacts to air carriers, general aviation operators,
airports, communities surrounding airports, and the general
public associated with phasing out or reducing the operations
of covered stage 3 aircraft, assuming such a phaseout or
reduction is put into effect over a reasonable period of
time;
(3) a determination of lessons learned from the phaseout of
stage 2 aircraft that might be applicable to a phaseout or
reduction in the operations of covered stage 3 aircraft,
including comparisons between the benefits, costs, and other
impacts associated with the phaseout of stage 2 aircraft and
the potential benefits, costs, and other impacts determined
under paragraph (2);
(4) a determination of the costs and logistical challenges
associated with recertifying stage 3 aircraft capable of
meeting stage 4 noise levels; and
(5) a determination of stakeholder views on the feasibility
and desirability of phasing out covered stage 3 aircraft,
including the views of--
(A) air carriers;
(B) airports;
(C) communities surrounding airports;
(D) aircraft and avionics manufacturers;
(E) operators of covered stage 3 aircraft other than air
carriers; and
(F) such other stakeholders and aviation experts as the
Comptroller General considers appropriate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review.
(d) Covered Stage 3 Aircraft Defined.--In this section, the
term ``covered stage 3 aircraft'' means a civil subsonic jet
aircraft that is not capable of meeting the stage 4 noise
levels in part 36 of title 14, Code of Federal Regulations.
SEC. 156. ADDRESSING COMMUNITY NOISE CONCERNS.
When proposing a new area navigation departure procedure,
or amending an existing procedure that would direct aircraft
between
[[Page H3603]]
the surface and 6,000 feet above ground level over noise
sensitive areas, the Administrator of the Federal Aviation
Administration shall consider the feasibility of dispersal
headings or other lateral track variations to address
community noise concerns, if--
(1) the affected airport operator, in consultation with the
affected community, submits a request to the Administrator
for such a consideration;
(2) the airport operator's request would not, in the
judgment of the Administrator, conflict with the safe and
efficient operation of the national airspace system; and
(3) the effect of a modified departure procedure would not
significantly increase noise over noise sensitive areas, as
determined by the Administrator.
SEC. 157. STUDY ON POTENTIAL HEALTH IMPACTS OF OVERFLIGHT
NOISE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an agreement with an
eligible institution of higher education to conduct a study
on the health impacts of noise from aircraft flights on
residents exposed to a range of noise levels from such
flights.
(b) Scope of Study.--The study shall--
(1) include an examination of the incremental health
impacts attributable to noise exposure that result from
aircraft flights, including sleep disturbance and elevated
blood pressure;
(2) be focused on residents in the metropolitan area of--
(A) Boston;
(B) Chicago;
(C) the District of Columbia;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex; or
(H) such other area as may be identified by the
Administrator;
(3) consider, in particular, the incremental health impacts
on residents living partly or wholly underneath flight paths
most frequently used by aircraft flying at an altitude lower
than 10,000 feet, including during takeoff or landing; and
(4) include an assessment of the relationship between a
perceived increase in aircraft noise, including as a result
of a change in flight paths that increases the visibility of
aircraft from a certain location, and an actual increase in
aircraft noise, particularly in areas with high or variable
levels of nonaircraft-related ambient noise.
(c) Eligibility.--An institution of higher education is
eligible to conduct the study if the institution--
(1) has--
(A) a school of public health that has participated in the
Center of Excellence for Aircraft Noise and Aviation
Emissions Mitigation of the Federal Aviation Administration;
or
(B) a center for environmental health that receives funding
from the National Institute of Environmental Health Sciences;
(2) is located in one of the areas identified in subsection
(b);
(3) applies to the Administrator in a timely fashion;
(4) demonstrates to the satisfaction of the Administrator
that the institution is qualified to conduct the study;
(5) agrees to submit to the Administrator, not later than 3
years after entering into an agreement under subsection (a),
the results of the study, including any source materials
used; and
(6) meets such other requirements as the Administrator
determines necessary.
(d) Report.--Not later than 90 days after the Administrator
receives the results of the study, the Administrator shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing the results.
SEC. 158. ENVIRONMENTAL MITIGATION PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a pilot program involving not more than 6 projects
at public-use airports in accordance with this section.
(b) Grants.--In carrying out the program, the Secretary may
make grants to sponsors of public-use airports from funds
apportioned under section 47117(e)(1)(A) of title 49, United
States Code.
(c) Use of Funds.--Amounts from a grant received by the
sponsor of a public-use airport under the program shall be
used for environmental mitigation projects that will
measurably reduce or mitigate aviation impacts on noise, air
quality, or water quality at the airport or within 5 miles of
the airport.
(d) Eligibility.--Notwithstanding any other provision of
chapter 471 of title 49, United States Code, an environmental
mitigation project approved under this section shall be
treated as eligible for assistance under that chapter.
(e) Selection Criteria.--In selecting from among applicants
for participation in the program, the Secretary may give
priority consideration to projects that--
(1) will achieve the greatest reductions in aircraft noise,
airport emissions, or airport water quality impacts either on
an absolute basis or on a per dollar of funds expended basis;
and
(2) will be implemented by an eligible consortium.
(f) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be 50 percent.
(g) Maximum Amount.--Not more than $2,500,000 may be made
available by the Secretary in grants under the program for
any single project.
(h) Identifying Best Practices.--The Secretary may
establish and publish information identifying best practices
for reducing or mitigating aviation impacts on noise, air
quality, and water quality at airports or in the vicinity of
airports based on the projects carried out under the program.
(i) Sunset.--The program shall terminate 5 years after the
Secretary makes the first grant under the program.
(j) Definitions.--In this section, the following
definitions apply:
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium that is comprised of 2 or more of the
following entities:
(A) Businesses incorporated in the United States.
(B) Public or private educational or research organizations
located in the United States.
(C) Entities of State or local governments in the United
States.
(D) Federal laboratories.
(2) Environmental mitigation project.--The term
``environmental mitigation project'' means a project that--
(A) introduces new environmental mitigation techniques or
technologies that have been proven in laboratory
demonstrations;
(B) proposes methods for efficient adaptation or
integration of new concepts into airport operations; and
(C) will demonstrate whether new techniques or technologies
for environmental mitigation are--
(i) practical to implement at or near multiple public-use
airports; and
(ii) capable of reducing noise, airport emissions, or water
quality impacts in measurably significant amounts.
SEC. 159. AIRCRAFT NOISE EXPOSURE.
(a) Review.--The Administrator of the Federal Aviation
Administration shall conduct a review of the relationship
between aircraft noise exposure and its effects on
communities around airports.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review.
(2) Preliminary recommendations.--The report shall contain
such preliminary recommendations as the Administrator
determines appropriate for revising the land use
compatibility guidelines in part 150 of title 14, Code of
Federal Regulations, based on the results of the review and
in coordination with other agencies.
SEC. 160. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS
LOCATED IN METROPLEXES.
(a) Community Involvement Policy.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall complete a review
of the Federal Aviation Administration's community
involvement practices for Next Generation Air Transportation
System (NextGen) projects located in metroplexes identified
by the Administration. The review shall include, at a
minimum, a determination of how and when to engage airports
and communities in performance-based navigation proposals.
(b) Report.--Not later than 60 days after completion of the
review, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(1) how the Administration will improve community
involvement practices for NextGen projects located in
metroplexes;
(2) how and when the Administration will engage airports
and communities in performance-based navigation proposals;
and
(3) lessons learned from NextGen projects and pilot
programs and how those lessons learned are being integrated
into community involvement practices for future NextGen
projects located in metroplexes.
SEC. 161. CRITICAL HABITAT ON OR NEAR AIRPORT PROPERTY.
(a) Federal Agency Requirements.--The Secretary of
Transportation, to the maximum extent practicable, shall work
with the heads of appropriate Federal agencies to ensure that
designations of critical habitat, as that term is defined in
section 3 of the Endangered Species Act of 1973 (16 U.S.C.
1532), on or near airport property do not--
(1) result in conflicting statutory, regulatory, or Federal
grant assurance requirements for airports or aircraft
operators;
(2) interfere with the safe operation of aircraft; or
(3) occur on airport-owned lands that have become
attractive habitat for a threatened or endangered species
because such lands--
(A) have been prepared for future development;
(B) have been designated as noise buffer land; or
(C) are held by the airport to prevent encroachment of uses
that are incompatible with airport operations.
(b) State Requirements.--In a State where a State agency is
authorized to designate land on or near airport property for
the conservation of a threatened or endangered species in the
State, the Secretary, to the maximum extent practicable,
shall work
[[Page H3604]]
with the State in the same manner as the Secretary works with
the heads of Federal agencies under subsection (a).
SEC. 162. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA
MEMORANDA OF AGREEMENT.
Section 47504(c)(2) of title 49, United States Code, is
amended--
(1) in subparagraph (D) by striking ``and'' at the end;
(2) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) to an airport operator of a congested airport (as
defined in section 47175) and a unit of local government
referred to in paragraph (1)(B) to carry out a project to
mitigate noise, if the project--
``(i) consists of--
``(I) replacement windows, doors, and the installation of
through-the-wall air-conditioning units; or
``(II) a contribution of the equivalent costs to be used
for reconstruction, if reconstruction is the preferred local
solution;
``(ii) is located at a school near the airport; and
``(iii) is included in a memorandum of agreement entered
into before September 30, 2002, even if the airport has not
met the requirements of part 150 of title 14, Code of Federal
Regulations, and only if the financial limitations of the
memorandum are applied.''.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Safety oversight and certification advisory
committee.--The term ``Safety Oversight and Certification
Advisory Committee'' means the Safety Oversight and
Certification Advisory Committee established under section
202.
(3) Systems safety approach.--The term ``systems safety
approach'' means the application of specialized technical and
managerial skills to the systematic, forward-looking
identification and control of hazards throughout the
lifecycle of a project, program, or activity.
SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY
COMMITTEE.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a Safety Oversight and Certification Advisory
Committee (in this section referred to as the ``Advisory
Committee'').
(b) Duties.--The Advisory Committee shall provide advice to
the Secretary on policy-level issues facing the aviation
community that are related to FAA certification and safety
oversight programs and activities, including, at a minimum,
the following:
(1) Aircraft and flight standards certification processes,
including efforts to streamline those processes.
(2) Implementation and oversight of safety management
systems.
(3) Risk-based oversight efforts.
(4) Utilization of delegation and designation authorities.
(5) Regulatory interpretation standardization efforts.
(6) Training programs.
(7) Expediting the rulemaking process and giving priority
to rules related to safety.
(c) Functions.--The Advisory Committee shall carry out the
following functions (as the functions relate to FAA
certification and safety oversight programs and activities):
(1) Foster industry collaboration in an open and
transparent manner.
(2) Consult with, and ensure participation by--
(A) the private sector, including representatives of--
(i) general aviation;
(ii) commercial aviation;
(iii) aviation labor;
(iv) aviation maintenance;
(v) aviation, aerospace, and avionics manufacturing;
(vi) unmanned aircraft systems operators and manufacturers;
and
(vii) the commercial space transportation industry;
(B) members of the public; and
(C) other interested parties.
(3) Establish consensus national goals, strategic
objectives, and priorities for the most efficient,
streamlined, and cost-effective certification and oversight
processes in order to maintain the safety of the aviation
system and, at the same time, allow the FAA to meet future
needs and ensure that aviation stakeholders remain
competitive in the global marketplace.
(4) Provide policy guidance for the FAA's certification and
safety oversight efforts.
(5) Provide ongoing policy reviews of the FAA's
certification and safety oversight efforts.
(6) Make appropriate legislative, regulatory, and guidance
recommendations for the air transportation system and the
aviation safety regulatory environment.
(7) Establish performance objectives for the FAA and
industry.
(8) Establish performance metrics and goals for the FAA and
the regulated aviation industry to be tracked and reviewed as
streamlining and certification reform and regulation
standardization efforts progress.
(9) Provide a venue for tracking progress toward national
goals and sustaining joint commitments.
(10) Develop recruiting, hiring, training, and continuing
education objectives for FAA aviation safety engineers and
aviation safety inspectors.
(11) Provide advice and recommendations to the FAA on how
to prioritize safety rulemaking projects.
(12) Improve the development of FAA regulations by
providing information, advice, and recommendations related to
aviation issues.
(13) Facilitate the validation of United States products
abroad.
(d) Membership.--
(1) In general.--The Advisory Committee shall be composed
of the following members:
(A) The Administrator of the FAA (or the Administrator's
designee).
(B) Individuals appointed by the Secretary to represent the
following interests:
(i) Aircraft and engine manufacturers.
(ii) Avionics and equipment manufacturers.
(iii) Labor organizations, including collective bargaining
representatives of FAA aviation safety inspectors and
aviation safety engineers.
(iv) General aviation operators.
(v) Air carriers.
(vi) Business aviation operators.
(vii) Unmanned aircraft systems manufacturers and
operators.
(viii) Aviation safety management expertise.
(ix) Aviation maintenance.
(2) Nonvoting members.--
(A) In general.--In addition to the members appointed under
paragraph (1), the Advisory Committee shall be composed of
nonvoting members appointed by the Secretary from among
individuals representing FAA safety oversight program
offices.
(B) Duties.--The nonvoting members shall--
(i) take part in deliberations of the Advisory Committee;
and
(ii) provide input with respect to any final reports or
recommendations of the Advisory Committee.
(C) Limitation.--The nonvoting members may not represent
any stakeholder interest other than FAA safety oversight
program offices.
(3) Terms.--Each member and nonvoting member of the
Advisory Committee appointed by the Secretary shall be
appointed for a term of 2 years.
(4) Committee characteristics.--The Advisory Committee
shall have the following characteristics:
(A) An executive-level membership, with members who can
represent and enter into commitments for their organizations.
(B) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(C) A membership size that enables the Committee to have
substantive discussions and reach consensus on issues in a
timely manner.
(D) Appropriate expertise, including expertise in
certification and risked-based safety oversight processes,
operations, policy, technology, labor relations, training,
and finance.
(5) Limitation on statutory construction.--Public Law 104-
65 (2 U.S.C. 1601 et seq.) may not be construed to prohibit
or otherwise limit the appointment of any individual as a
member of the Advisory Committee.
(e) Chairperson.--
(1) In general.--The Chairperson of the Advisory Committee
shall be appointed by the Secretary from among those members
of the Advisory Committee that are executive-level members of
the aviation industry.
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 1 year as Chairperson.
(f) Meetings.--
(1) Frequency.--The Advisory Committee shall meet at least
twice each year at the call of the Chairperson.
(2) Public attendance.--The meetings of the Advisory
Committee shall be open to the public.
(g) Special Committees.--
(1) Establishment.--The Advisory Committee may establish
special committees composed of private sector
representatives, members of the public, labor
representatives, and other interested parties in complying
with consultation and participation requirements under this
section.
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations to the
Administrator with respect to aviation-related issues;
(B) afford the FAA additional opportunities to obtain
firsthand information and insight from those parties that are
most affected by existing and proposed regulations; and
(C) expedite the development, revision, or elimination of
rules without circumventing public rulemaking processes and
procedures.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Advisory Committee.
(h) Sunset.--The Advisory Committee shall terminate on the
last day of the 6-year period beginning on the date of the
initial appointment of the members of the Advisory Committee.
(i) Termination of Air Traffic Procedures Advisory
Committee.--The Air Traffic Procedures Advisory Committee
established by the FAA shall terminate on the
[[Page H3605]]
date of the initial appointment of the members of the
Advisory Committee.
Subtitle B--Aircraft Certification Reform
SEC. 211. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date on
which the Safety Oversight and Certification Advisory
Committee is established under section 202, the Administrator
of the FAA shall establish performance objectives and apply
and track metrics for the FAA and the aviation industry
relating to aircraft certification in accordance with this
section.
(b) Collaboration.--The Administrator shall carry out this
section in collaboration with the Safety Oversight and
Certification Advisory Committee.
(c) Performance Objectives.--In carrying out subsection
(a), the Administrator shall establish performance objectives
for the FAA and the aviation industry to ensure that, with
respect to aircraft certification, progress is made toward,
at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both FAA and industry
entities;
(3) achieving full utilization of FAA delegation and
designation authorities;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) increasing transparency;
(7) establishing and providing training, including
recurrent training, in auditing and a systems safety approach
to certification oversight;
(8) improving the process for approving or accepting
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers to support FAA
efforts to implement a systems safety approach; and
(B) qualified systems engineers to guide the engineering of
complex systems within the FAA; and
(11) maintaining the leadership of the United States in
international aviation and aerospace.
(d) Performance Metrics.--In carrying out subsection (a),
the Administrator shall apply and track performance metrics
for the FAA and the regulated aviation industry established
by the Safety Oversight and Certification Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Safety Oversight and Certification Advisory
Committee establishes initial performance metrics for the FAA
and the regulated aviation industry under section 202, the
Administrator shall generate initial data with respect to
each of the metrics applied and tracked under this section.
(2) Measuring progress toward goals.--The Administrator
shall use the metrics applied and tracked under this section
to generate data on an ongoing basis and to measure progress
toward the achievement of national goals established by the
Safety Oversight and Certification Advisory Committee.
(f) Publication.--The Administrator shall make data
generated using the metrics applied and tracked under this
section available to the public in a searchable, sortable,
and downloadable format through the internet website of the
FAA and other appropriate methods and shall ensure that the
data is made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) protects proprietary information.
SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44736. Organization designation authorizations
``(a) Delegations of Functions.--
``(1) In general.--Except as provided in paragraph (3),
when overseeing an ODA holder, the Administrator of the FAA
shall--
``(A) require, based on an application submitted by the ODA
holder and approved by the Administrator (or the
Administrator's designee), a procedures manual that addresses
all procedures and limitations regarding the functions to be
performed by the ODA holder;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the date
of the delegation and as a result of an inspection or other
investigation, that the public interest and safety of air
commerce requires a limitation with respect to 1 or more of
the functions; and
``(C) conduct regular oversight activities by inspecting
the ODA holder's delegated functions and taking action based
on validated inspection findings.
``(2) Duties of oda holders.--An ODA holder shall--
``(A) perform each function delegated to the ODA holder in
accordance with the approved procedures manual for the
delegation;
``(B) make the procedures manual available to each member
of the appropriate ODA unit; and
``(C) cooperate fully with oversight activities conducted
by the Administrator in connection with the delegation.
``(3) Existing oda holders.--With regard to an ODA holder
operating under a procedures manual approved by the
Administrator before the date of enactment of this section,
the Administrator shall--
``(A) at the request of the ODA holder and in an
expeditious manner, approve revisions to the ODA holder's
procedures manual;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the date
of the delegation and as a result of an inspection or other
investigation, that the public interest and safety of air
commerce requires a limitation with respect to one or more of
the functions; and
``(C) conduct regular oversight activities by inspecting
the ODA holder delegated functions and taking action based on
validated inspection findings.
``(b) ODA Office.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this section, the Administrator of the FAA
shall identify, within the FAA Office of Aviation Safety, a
centralized policy office to be known as the Organization
Designation Authorization Office or the ODA Office.
``(2) Purpose.--The purpose of the ODA Office shall be to
oversee and ensure the consistency of the FAA's audit
functions under the ODA program across the FAA.
``(3) Functions.--The ODA Office shall--
``(A) improve performance and ensure full utilization of
the authorities delegated under the ODA program;
``(B) create a more consistent approach to audit
priorities, procedures, and training under the ODA program;
``(C) review, in a timely fashion, a random sample of
limitations on delegated authorities under the ODA program to
determine if the limitations are appropriate;
``(D) ensure national consistency in the interpretation and
application of the requirements of the ODA program, including
any limitations, and in the performance of the ODA program;
and
``(E) at the request of an ODA holder, review and approve
new limitations to ODA functions.
``(c) Definitions.--In this section, the following
definitions apply:
``(1) FAA.--The term `FAA' means the Federal Aviation
Administration.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized to perform functions pursuant to a delegation made
by the Administrator of the FAA under section 44702(d).
``(3) ODA unit.--The term ``ODA unit'' means a group of 2
or more individuals who perform, under the supervision of an
ODA holder, authorized functions under an ODA.
``(4) Organization.--The term ``organization'' means a
firm, partnership, corporation, company, association, joint-
stock association, or governmental entity.
``(5) Organization designation authorization; oda.--The
term `Organization Designation Authorization' or `ODA' means
an authorization by the FAA under section 44702(d) for an
organization comprised of 1 or more ODA units to perform
approved functions on behalf of the FAA.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44736. Organization designation authorizations.''.
SEC. 213. ODA REVIEW.
(a) Establishment of Expert Review Panel.--
(1) Expert panel.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the FAA shall
convene a multidisciplinary expert review panel (in this
section referred to as the ``Panel'').
(2) Composition of panel.--
(A) Appointment of members.--The Panel shall be composed of
not more than 20 members appointed by the Administrator.
(B) Qualifications.--The members appointed to the Panel
shall--
(i) each have a minimum of 5 years of experience in
processes and procedures under the ODA program; and
(ii) represent, at a minimum, ODA holders, aviation
manufacturers, safety experts, and FAA labor organizations,
including labor representatives of FAA aviation safety
inspectors and aviation safety engineers.
(b) Survey.--The Panel shall conduct a survey of ODA
holders and ODA program applicants to document and assess FAA
certification and oversight activities, including use of the
ODA program and the timeliness and efficiency of the
certification process.
(c) Assessment and Recommendations.--The Panel shall assess
and make recommendations concerning--
(1) the FAA's processes and procedures under the ODA
program and whether the processes and procedures function as
intended;
(2) the best practices of and lessons learned by ODA
holders and individuals who provide oversight of ODA holders;
(3) performance incentive policies related to the ODA
program for FAA personnel;
(4) training activities related to the ODA program for FAA
personnel and ODA holders;
(5) the impact, if any, that oversight of the ODA program
has on FAA resources and the FAA's ability to process
applications for certifications outside of the ODA program;
and
(6) the results of the survey conducted under subsection
(b).
[[Page H3606]]
(d) Report.--Not later than 180 days after the date the
Panel is convened under subsection (a), the Panel shall
submit to the Administrator, the Safety Oversight and
Certification Advisory Committee, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings and
recommendations of the Panel.
(e) Definitions.--The definitions contained in section
44736 of title 49, United States Code, as added by this Act,
apply to this section.
(f) Applicable Law.--Public Law 92-463 shall not apply to
the Panel.
(g) Sunset.--The Panel shall terminate on the date of
submission of the report under subsection (d), or on the date
that is 1 year after the Panel is convened under subsection
(a), whichever occurs first.
SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) of title 49, United
States Code, is amended by adding at the end the following:
``(6) Type certification resolution process.--
``(A) In general.--Not later than 15 months after the date
of enactment of this paragraph, the Administrator shall
establish an effective, timely, and milestone-based issue
resolution process for type certification activities under
this subsection.
``(B) Process requirements.--The resolution process shall
provide for--
``(i) resolution of technical issues at pre-established
stages of the certification process, as agreed to by the
Administrator and the type certificate applicant;
``(ii) automatic elevation to appropriate management
personnel of the Federal Aviation Administration and the type
certificate applicant of any major certification process
milestone that is not completed or resolved within a specific
period of time agreed to by the Administrator and the type
certificate applicant; and
``(iii) resolution of a major certification process
milestone elevated pursuant to clause (ii) within a specific
period of time agreed to by the Administrator and the type
certificate applicant.
``(C) Major certification process milestone defined.--In
this paragraph, the term `major certification process
milestone' means a milestone related to a type certification
basis, type certification plan, type inspection
authorization, issue paper, or other major type certification
activity agreed to by the Administrator and the type
certificate applicant.''.
(b) Technical Amendment.--Section 44704 of title 49, United
States Code, is amended in the section heading by striking
``airworthiness certificates,,'' and inserting
``airworthiness certificates,''.
SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL
AVIATION AIRPLANES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall initiate a review of the
Federal Aviation Administration's implementation of the final
rule titled ``Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes'' (81
Fed. Reg. 96572).
(b) Considerations.--In carrying out the review, the
Inspector General shall assess--
(1) how the rule puts into practice the Administration's
efforts to implement performance and risk-based safety
standards;
(2) whether the Administration's implementation of the rule
has improved safety and reduced the regulatory cost burden
for the Administration and the aviation industry; and
(3) if there are lessons learned from, and best practices
developed as a result of, the rule that could be applied to
airworthiness standards for other categories of aircraft.
(c) Report.--Not later than 180 days after the date of
initiation of the review, the Inspector General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review, including findings and
recommendations.
Subtitle C--Flight Standards Reform
SEC. 231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date on
which the Safety Oversight and Certification Advisory
Committee is established under section 202, the Administrator
of the FAA shall establish performance objectives and apply
and track metrics for the FAA and the aviation industry
relating to flight standards activities in accordance with
this section.
(b) Collaboration.--The Administrator shall carry out this
section in collaboration with the Safety Oversight and
Certification Advisory Committee.
(c) Performance Objectives.--In carrying out subsection
(a), the Administrator shall establish performance objectives
for the FAA and the aviation industry to ensure that, with
respect to flight standards activities, progress is made
toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both FAA and industry
entities;
(3) achieving full utilization of FAA delegation and
designation authorities;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(7) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(8) developing and allowing utilization of a single master
source for guidance;
(9) providing and utilizing a streamlined appeal process
for the resolution of regulatory interpretation questions;
(10) maintaining and improving safety; and
(11) increasing transparency.
(d) Metrics.--In carrying out subsection (a), the
Administrator shall apply and track performance metrics for
the FAA and the regulated aviation industry established by
the Safety Oversight and Certification Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Safety Oversight and Certification Advisory
Committee establishes initial performance metrics for the FAA
and the regulated aviation industry under section 202, the
Administrator shall generate initial data with respect to
each of the metrics applied and tracked under this section.
(2) Measuring progress toward goals.--The Administrator
shall use the metrics applied and tracked under this section
to generate data on an ongoing basis and to measure progress
toward the achievement of national goals established by the
Safety Oversight and Certification Advisory Committee.
(f) Publication.--The Administrator shall make data
generated using the metrics applied and tracked under this
section available to the public in a searchable, sortable,
and downloadable format through the internet website of the
FAA and other appropriate methods and shall ensure that the
data is made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) protects proprietary information.
SEC. 232. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the FAA shall
establish the FAA Task Force on Flight Standards Reform (in
this section referred to as the ``Task Force'').
(b) Membership.--
(1) Appointment.--The membership of the Task Force shall be
appointed by the Administrator.
(2) Number.--The Task Force shall be composed of not more
than 20 members.
(3) Representation requirements.--The membership of the
Task Force shall include representatives, with knowledge of
flight standards regulatory processes and requirements, of--
(A) air carriers;
(B) general aviation;
(C) business aviation;
(D) repair stations;
(E) unmanned aircraft systems operators;
(F) flight schools;
(G) labor unions, including those representing FAA aviation
safety inspectors; and
(H) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at
a minimum, identifying best practices and providing
recommendations, for current and anticipated budgetary
environments, with respect to--
(1) simplifying and streamlining flight standards
regulatory processes;
(2) reorganizing Flight Standards Services to establish an
entity organized by function rather than geographic region,
if appropriate;
(3) FAA aviation safety inspector training opportunities;
(4) FAA aviation safety inspector standards and
performance; and
(5) achieving, across the FAA, consistent--
(A) regulatory interpretations; and
(B) application of oversight activities.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing--
(1) the best practices identified and recommendations
provided by the Task Force under subsection (c); and
(2) any recommendations of the Task Force for additional
regulatory action or cost-effective legislative action.
(e) Applicable Law.--Public Law 92-463 shall not apply to
the Task Force.
(f) Termination.--The Task Force shall terminate on the
earlier of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
SEC. 233. CENTRALIZED SAFETY GUIDANCE DATABASE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the FAA shall
establish a centralized safety guidance database that will--
(1) encompass all of the regulatory guidance documents of
the FAA Office of Aviation Safety;
[[Page H3607]]
(2) contain, for each such guidance document, a link to the
Code of Federal Regulations provision to which the document
relates; and
(3) be publicly available in a manner that--
(A) does not provide identifying information regarding an
individual or entity; and
(B) protects proprietary information.
(b) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date of enactment of this Act, the Administrator shall begin
entering into the database established under subsection (a)
all of the regulatory guidance documents of the Office of
Aviation Safety that are in effect and were issued before the
date on which the Administrator begins such entry process.
(2) New documents and changes.--On and after the date on
which the Administrator begins the document entry process
under paragraph (1), the Administrator shall ensure that all
new regulatory guidance documents of the Office of Aviation
Safety and any changes to existing documents are included in
the database established under subsection (a).
(c) Consultation Requirement.--In establishing the database
under subsection (a), the Administrator shall consult and
collaborate with appropriate stakeholders, including labor
organizations (including those representing aviation workers
and FAA aviation safety inspectors) and industry
stakeholders.
(d) Regulatory Guidance Documents Defined.--In this
section, the term ``regulatory guidance documents'' means all
forms of written information issued by the FAA that an
individual or entity may use to interpret or apply FAA
regulations and requirements, including information an
individual or entity may use to determine acceptable means of
compliance with such regulations and requirements.
SEC. 234. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the FAA shall
establish a Regulatory Consistency Communications Board (in
this section referred to as the ``Board'').
(b) Consultation Requirement.--In establishing the Board,
the Administrator shall consult and collaborate with
appropriate stakeholders, including FAA labor organizations
(including labor organizations representing FAA aviation
safety inspectors) and industry stakeholders.
(c) Membership.--The Board shall be composed of FAA
representatives, appointed by the Administrator, from--
(1) the Flight Standards Service;
(2) the Aircraft Certification Service; and
(3) the Office of the Chief Counsel.
(d) Functions.--The Board shall carry out the following
functions:
(1) Establish, at a minimum, processes by which--
(A) FAA personnel and regulated entities may submit
anonymous regulatory interpretation questions without fear of
retaliation; and
(B) FAA personnel may submit written questions, and receive
written responses, as to whether a previous approval or
regulatory interpretation issued by FAA personnel in another
office or region is correct or incorrect.
(2) Meet on a regular basis to discuss and resolve
questions submitted pursuant to paragraph (1) and the
appropriate application of regulations and policy with
respect to each question.
(3) Provide to an individual or entity that submitted a
question pursuant to paragraph (1) a timely response to the
question.
(4) Establish a process to make resolutions of common
regulatory interpretation questions publicly available to FAA
personnel and regulated entities without providing any
identifying data of the individuals or entities that
submitted the questions and in a manner that protects any
proprietary information.
(5) Ensure the incorporation of resolutions of questions
submitted pursuant to paragraph (1) into regulatory guidance
documents.
(e) Performance Metrics, Timelines, and Goals.--Not later
than 180 days after the date on which the Safety Oversight
and Certification Advisory Committee establishes performance
metrics for the FAA and the regulated aviation industry under
section 202, the Administrator, in collaboration with the
Advisory Committee, shall--
(1) establish performance metrics, timelines, and goals to
measure the progress of the Board in resolving regulatory
interpretation questions submitted pursuant to subsection
(d)(1); and
(2) implement a process for tracking the progress of the
Board in meeting the metrics, timelines, and goals
established under paragraph (1).
Subtitle D--Safety Workforce
SEC. 241. SAFETY WORKFORCE TRAINING STRATEGY.
(a) Safety Workforce Training Strategy.--Not later than 60
days after the date of enactment of this Act, the
Administrator of the FAA shall establish a safety workforce
training strategy that--
(1) allows employees participating in organization
management teams or conducting ODA program audits to
complete, in a timely fashion, appropriate training,
including recurrent training, in auditing and a systems
safety approach to oversight;
(2) seeks knowledge-sharing opportunities between the FAA
and the aviation industry regarding new equipment and
systems, best practices, and other areas of interest;
(3) functions within the current and anticipated budgetary
environments; and
(4) includes milestones and metrics for meeting the
requirements of paragraphs (1), (2), and (3).
(b) Report.--Not later than 270 days after the date of
establishment of the strategy required under subsection (a),
the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the implementation
of the strategy and progress in meeting any milestones and
metrics included in the strategy.
(c) Definitions.--In this section, the following
definitions apply:
(1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder''
have the meanings given those terms in section 44736 of title
49, United States Code, as added by this Act.
(2) Organization management team.--The term ``organization
management team'' means a team consisting of FAA aviation
safety engineers, flight test pilots, and aviation safety
inspectors overseeing an ODA holder and its certification
activity.
SEC. 242. WORKFORCE REVIEW.
(a) Workforce Review.--Not later than 90 days after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a review to assess the workforce
and training needs of the FAA Office of Aviation Safety in
the anticipated budgetary environment.
(b) Contents.--The review required under subsection (a)
shall include--
(1) a review of current aviation safety inspector and
aviation safety engineer hiring, training, and recurrent
training requirements;
(2) an analysis of the skills and qualifications required
of aviation safety inspectors and aviation safety engineers
for successful performance in the current and future
projected aviation safety regulatory environment, including
the need for a systems engineering discipline within the FAA
to guide the engineering of complex systems, with an emphasis
on auditing designated authorities;
(3) a review of current performance incentive policies of
the FAA, as applied to the Office of Aviation Safety,
including awards for performance;
(4) an analysis of ways the FAA can work with industry and
labor, including labor groups representing FAA aviation
safety inspectors and aviation safety engineers, to establish
knowledge-sharing opportunities between the FAA and the
aviation industry regarding new equipment and systems, best
practices, and other areas of interest; and
(5) recommendations on the most effective qualifications,
training programs (including e-learning training), and
performance incentive approaches to address the needs of the
future projected aviation safety regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review required under subsection (a).
Subtitle E--International Aviation
SEC. 251. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
PRODUCTS, AND SERVICES ABROAD.
Section 40104 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Promotion of United States Aerospace Standards,
Products, and Services Abroad.--The Administrator shall take
appropriate actions to--
``(1) promote United States aerospace safety standards
abroad;
``(2) facilitate and vigorously defend approvals of United
States aerospace products and services abroad;
``(3) with respect to bilateral partners, utilize bilateral
safety agreements and other mechanisms to improve validation
of United States type certificated aeronautical products and
appliances and enhance mutual acceptance in order to
eliminate redundancies and unnecessary costs; and
``(4) with respect to foreign safety authorities,
streamline validation and coordination processes.''.
SEC. 252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.
Section 44701(e) of title 49, United States Code, is
amended by adding at the end the following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--The Administrator may accept an
airworthiness directive issued by an aeronautical safety
authority of a foreign country, and leverage that authority's
regulatory process, if--
``(i) the country is the state of design for the product
that is the subject of the airworthiness directive;
``(ii) the United States has a bilateral safety agreement
relating to aircraft certification with the country;
``(iii) as part of the bilateral safety agreement with the
country, the Administrator has determined that such
aeronautical safety authority has a certification system
relating to safety that produces a level of safety equivalent
to the level produced by the
[[Page H3608]]
system of the Federal Aviation Administration;
``(iv) the aeronautical safety authority of the country
utilizes an open and transparent notice and comment process
in the issuance of airworthiness directives; and
``(v) the airworthiness directive is necessary to provide
for the safe operation of the aircraft subject to the
directive.
``(B) Alternative approval process.--Notwithstanding
subparagraph (A), the Administrator may issue a Federal
Aviation Administration airworthiness directive instead of
accepting an airworthiness directive otherwise eligible for
acceptance under such subparagraph, if the Administrator
determines that such issuance is necessary for safety or
operational reasons due to the complexity or unique features
of the Federal Aviation Administration airworthiness
directive or the United States aviation system.
``(C) Alternative means of compliance.--The Administrator
may--
``(i) accept an alternative means of compliance, with
respect to an airworthiness directive accepted under
subparagraph (A), that was approved by the aeronautical
safety authority of the foreign country that issued the
airworthiness directive; or
``(ii) notwithstanding subparagraph (A), and at the request
of any person affected by an airworthiness directive accepted
under such subparagraph, approve an alternative means of
compliance with respect to the airworthiness directive.
``(D) Limitation.--The Administrator may not accept an
airworthiness directive issued by an aeronautical safety
authority of a foreign country if the airworthiness directive
addresses matters other than those involving the safe
operation of an aircraft.''.
SEC. 253. FAA LEADERSHIP ABROAD.
(a) In General.--To promote United States aerospace safety
standards, reduce redundant regulatory activity, and
facilitate acceptance of FAA design and production approvals
abroad, the Administrator of the FAA shall--
(1) attain greater expertise in issues related to dispute
resolution, intellectual property, and export control laws to
better support FAA certification and other aerospace
regulatory activities abroad;
(2) work with United States companies to more accurately
track the amount of time it takes foreign authorities,
including bilateral partners, to validate United States type
certificated aeronautical products;
(3) provide assistance to United States companies that have
experienced significantly long foreign validation wait times;
(4) work with foreign authorities, including bilateral
partners, to collect and analyze data to determine the
timeliness of the acceptance and validation of FAA design and
production approvals by foreign authorities and the
acceptance and validation of foreign-certified products by
the FAA;
(5) establish appropriate benchmarks and metrics to measure
the success of bilateral aviation safety agreements and to
reduce the validation time for United States type
certificated aeronautical products abroad; and
(6) work with foreign authorities, including bilateral
partners, to improve the timeliness of the acceptance and
validation of FAA design and production approvals by foreign
authorities and the acceptance and validation of foreign-
certified products by the FAA.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the FAA shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that--
(1) describes the FAA's strategic plan for international
engagement;
(2) describes the structure and responsibilities of all FAA
offices that have international responsibilities, including
the Aircraft Certification Office, and all the activities
conducted by those offices related to certification and
production;
(3) describes current and forecasted staffing and travel
needs for the FAA's international engagement activities,
including the needs of the Aircraft Certification Office in
the current and forecasted budgetary environment;
(4) provides recommendations, if appropriate, to improve
the existing structure and personnel and travel policies
supporting the FAA's international engagement activities,
including the activities of the Aviation Certification
Office, to better support the growth of United States
aerospace exports; and
(5) identifies cost-effective policy initiatives,
regulatory initiatives, or legislative initiatives needed to
improve and enhance the timely acceptance of United States
aerospace products abroad.
(c) International Travel.--The Administrator of the FAA, or
the Administrator's designee, may authorize international
travel for any FAA employee, without the approval of any
other person or entity, if the Administrator determines that
the travel is necessary--
(1) to promote United States aerospace safety standards; or
(2) to support expedited acceptance of FAA design and
production approvals.
SEC. 254. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Subject to subsection
(b)'' and inserting ``Subject to subsection (c)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Certification Services.--Subject to subsection (c),
and notwithstanding section 45301(a), the Administrator may
establish and collect a fee from a foreign government or
entity for services related to certification, regardless of
where the services are provided, if the fee--
``(1) is established and collected in a manner consistent
with aviation safety agreements; and
``(2) does not exceed the estimated costs of the
services.''.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. FAA TECHNICAL TRAINING.
(a) E-Learning Training Pilot Program.--Not later than 90
days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration, in
collaboration with the exclusive bargaining representatives
of covered FAA personnel, shall establish an e-learning
training pilot program in accordance with the requirements of
this section.
(b) Curriculum.--The pilot program shall--
(1) include a recurrent training curriculum for covered FAA
personnel to ensure that the personnel receive instruction on
the latest aviation technologies, processes, and procedures;
(2) focus on providing specialized technical training for
covered FAA personnel, as determined necessary by the
Administrator;
(3) include training courses on applicable regulations of
the Federal Aviation Administration; and
(4) consider the efficacy of instructor-led online
training.
(c) Pilot Program Termination.--The pilot program shall
terminate 1 year after the date of establishment of the pilot
program.
(d) E-Learning Training Program.--Upon termination of the
pilot program, the Administrator shall establish an e-
learning training program that incorporates lessons learned
for covered FAA personnel as a result of the pilot program.
(e) Definitions.--In this section, the following
definitions apply:
(1) Covered faa personnel.--The term ``covered FAA
personnel'' means airway transportation systems specialists
and aviation safety inspectors of the Federal Aviation
Administration.
(2) E-learning training.--The term ``e-learning training''
means learning utilizing electronic technologies to access
educational curriculum outside of a traditional classroom.
SEC. 302. SAFETY CRITICAL STAFFING.
(a) Update of FAA's Safety Critical Staffing Model.--Not
later than 270 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall update the safety critical staffing model of the
Administration to determine the number of aviation safety
inspectors that will be needed to fulfill the safety
oversight mission of the Administration.
(b) Audit by DOT Inspector General.--
(1) In general.--Not later than 90 days after the date on
which the Administrator has updated the safety critical
staffing model under subsection (a), the Inspector General of
the Department of Transportation shall conduct an audit of
the staffing model.
(2) Contents.--The audit shall include, at a minimum--
(A) a review of the assumptions and methodologies used in
devising and implementing the staffing model to assess the
adequacy of the staffing model in predicting the number of
aviation safety inspectors needed--
(i) to properly fulfill the mission of the Administration;
and
(ii) to meet the future growth of the aviation industry;
and
(B) a determination on whether the staffing model takes
into account the Administration's authority to fully utilize
designees.
(3) Report on audit.--
(A) Report to secretary.--Not later than 30 days after the
date of completion of the audit, the Inspector General shall
submit to the Secretary a report on the results of the audit.
(B) Report to congress.--Not later than 60 days after the
date of receipt of the report, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a copy of the
report, together with, if appropriate, a description of any
actions taken or to be taken to address the results of the
audit.
SEC. 303. INTERNATIONAL EFFORTS REGARDING TRACKING OF CIVIL
AIRCRAFT.
The Administrator of the Federal Aviation Administration
shall exercise leadership on creating a global approach to
improving aircraft tracking by working with--
(1) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its subsidiary
organizations;
(2) other international organizations and fora; and
(3) the private sector.
SEC. 304. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.
(a) Assessment.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate an assessment of
[[Page H3609]]
aircraft data access and retrieval systems for part 121 air
carrier aircraft that are used in extended overwater
operations to--
(1) determine if the systems provide improved access and
retrieval of aircraft data and cockpit voice recordings in
the event of an aircraft accident; and
(2) assess the cost effectiveness of each system assessed.
(b) Systems To Be Examined.--The systems to be examined
under this section shall include, at a minimum--
(1) automatic deployable flight recorders;
(2) emergency locator transmitters; and
(3) satellite-based solutions.
(c) Report.--Not later than 1 year after the date of
initiation of the assessment, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the assessment.
(d) Part 121 Air Carrier Defined.--In this section, the
term ``part 121 air carrier'' means an air carrier that holds
a certificate issued under part 121 of title 14, Code of
Federal Regulations.
SEC. 305. ADVANCED COCKPIT DISPLAYS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a review of heads-up
display systems, heads-down display systems employing
synthetic vision systems, and enhanced vision systems (in
this section referred to as ``HUD systems'', ``SVS'', and
``EVS'', respectively).
(b) Contents.--The review shall--
(1) evaluate the impacts of single- and dual-installed HUD
systems, SVS, and EVS on the safety and efficiency of
aircraft operations within the national airspace system; and
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HUD systems,
SVS, and EVS would have produced a better outcome in that
accident or incident.
(c) Consultation.--In conducting the review, the
Administrator shall consult with aviation manufacturers,
representatives of pilot groups, aviation safety
organizations, and any government agencies the Administrator
considers appropriate.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
results of the review, the actions the Administrator plans to
take with respect to the systems reviewed, and the associated
timeline for such actions.
SEC. 306. MARKING OF TOWERS.
Section 2110 of the FAA Extension, Safety, and Security Act
of 2016 (49 U.S.C. 44718 note) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Application.--
``(1) In general.--Except as provided by paragraph (2), not
later than 1 year after the date of enactment of the FAA
Reauthorization Act of 2018 or the availability of the
database developed by the Administrator of the Federal
Aviation Administration pursuant to subsection (c), whichever
is later, all covered towers shall be either--
``(A) clearly marked consistent with applicable guidance in
the advisory circular of the Federal Aviation Administration
issued December 4, 2015 (AC 70/7460-IL); or
``(B) included in the database described in subsection (c).
``(2) Meteorological evaluation tower.--A covered tower
that is a meteorological evaluation tower shall be subject to
the requirements of paragraphs (1)(A) and (1)(B).'';
(2) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively;
(3) in subsection (b)(1)(A) (as so redesignated)--
(A) in clause (i)(I) by striking ``self-standing or'' and
inserting ``a meteorological evaluation tower or tower''; and
(B) in clause (ii)--
(i) in subclause (IV) by striking ``or'' at the end;
(ii) in subclause (V) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(VI) is located within the right-of-way of a rail
carrier, including within the boundaries of a rail yard, and
is used for a railroad purpose;
``(VII) is determined by the Administrator to pose no
hazard to air navigation; or
``(VIII) has already mitigated any hazard to aviation
safety in accordance with Federal Aviation Administration
guidance or as otherwise approved by the Administrator.'';
and
(4) in subsection (c) (as so redesignated)--
(A) by striking paragraph (1) and inserting the following:
``(1) develop a database that contains the location and
height of each covered tower that, pursuant to subsection
(a), the owner or operator of such tower elects not to mark,
except that meteorological evaluation towers shall be marked
and contained in the database;'';
(B) in paragraph (3) by striking ``and'' at the end;
(C) in paragraph (4) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(5) ensure that the tower information in the database is
de-identified and that the information only includes the
location and height of covered towers; and
``(6) make the database available for use not later than 1
year after the date of enactment of the FAA Reauthorization
Act of 2018.''.
SEC. 307. CABIN EVACUATION.
(a) Review.--The Administrator of the Federal Aviation
Administration shall review--
(1) evacuation certification of transport-category aircraft
used in air transportation, with regard to--
(A) emergency conditions, including impacts into water;
(B) crew procedures used for evacuations under actual
emergency conditions; and
(C) any relevant changes to passenger demographics and
legal requirements (including the Americans with Disabilities
Act of 1990) that affect emergency evacuations; and
(2) recent accidents and incidents where passengers
evacuated such aircraft.
(b) Consultation; Review of Data.--In conducting the
review, the Administrator shall--
(1) consult with the National Transportation Safety Board,
transport-category aircraft manufacturers, air carriers, and
other relevant experts and Federal agencies, including groups
representing passengers, airline crewmembers, maintenance
employees, and emergency responders; and
(2) review relevant data with respect to evacuation
certification of transport-category aircraft.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review and related recommendations, if any,
including any recommendations for revisions to the
assumptions and methods used for assessing evacuation
certification of transport-category aircraft.
SEC. 308. ODA STAFFING AND OVERSIGHT.
(a) Report to Congress.--Not later than 270 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the Administration's
progress with respect to--
(1) determining what additional model inputs and labor
distribution codes are needed to identify ODA oversight
staffing needs;
(2) developing and implementing system-based evaluation
criteria and risk-based tools to aid ODA team members in
targeting their oversight activities;
(3) developing agreements and processes for sharing
resources to ensure adequate oversight of ODA personnel
performing certification and inspection work at supplier and
company facilities; and
(4) ensuring full utilization of ODA authority.
(b) ODA Defined.--In this section, the term ``ODA'' has the
meaning given that term in section 44736 of title 49, United
States Code, as added by this Act.
SEC. 309. FUNDING FOR ADDITIONAL SAFETY NEEDS.
Section 44704 of title 49, United States Code, is amended
by adding at the end the following:
``(f) Funding for Additional Safety Needs.--
``(1) Acceptance of applicant-provided funds.--
Notwithstanding any other provision of law, the Administrator
may accept funds from an applicant for a certificate under
this section to hire additional staff or obtain the services
of consultants and experts to facilitate the timely
processing, review, and issuance of certificates under this
section.
``(2) Rules of construction.--
``(A) In general.--Nothing in this section may be construed
as permitting the Administrator to grant priority or afford
any preference to an applicant providing funds under
paragraph (1).
``(B) Policies and procedures.--The Administrator shall
implement such policies and procedures as may be required to
ensure that the acceptance of funds under paragraph (1) does
not prejudice the Administrator in the issuance of any
certificate to an applicant.
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this subsection--
``(A) shall be credited as offsetting collections to the
account that finances the activities and services for which
the funds are accepted;
``(B) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(C) shall remain available until expended.''.
SEC. 310. FUNDING FOR ADDITIONAL FAA LICENSING NEEDS.
(a) In General.--Chapter 509 of title 51, United States
Code, is amended by adding at the end the following:
``Sec. 50924. Funding to facilitate FAA licensing
``(a) In General.--Notwithstanding any other provision of
law, the Secretary of Transportation may accept funds from a
person applying for a license or permit under
[[Page H3610]]
this chapter to hire additional staff or obtain the services
of consultants and experts--
``(1) to facilitate the timely processing, review, and
issuance of licenses or permits issued under this chapter;
``(2) to conduct environmental activities, studies, or
reviews associated with such licenses or permits; or
``(3) to conduct additional activities associated with or
necessitated by such licenses or permits, including pre-
application consultation, hazard area determination, or on-
site inspection.
``(b) Rules of Construction.--
``(1) In general.--Nothing in this section may be construed
as permitting the Secretary to grant priority or afford any
preference to an applicant providing funds under subsection
(a).
``(2) Policies and procedures.--The Secretary shall
implement such policies and procedures as may be required to
ensure that the acceptance of funds under subsection (a) does
not prejudice the Secretary in the issuance of any license or
permit to an applicant.
``(c) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which
the funds are accepted;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(3) shall remain available until expended.''.
(b) Clerical Amendment.--The analysis for chapter 509 of
title 51, United States Code, is amended by adding at the end
the following:
``50924. Funding to facilitate FAA licensing.''.
SEC. 311. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall evaluate and revise, as
appropriate, regulations in part 121 of title 14, Code of
Federal Regulations, regarding emergency medical equipment,
including the contents of first-aid kits, applicable to all
certificate holders operating passenger aircraft under that
part.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider whether the minimum contents of
approved emergency medical kits, including approved first-aid
kits, include appropriate medications and equipment to meet
the emergency medical needs of children.
SEC. 312. HIMS PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall conduct a human intervention motivation study (HIMS)
program for flight crewmembers employed by commercial air
carriers operating in United States airspace.
SEC. 313. ACCEPTANCE OF VOLUNTARILY PROVIDED SAFETY
INFORMATION.
(a) In General.--There shall be a presumption that an
individual's voluntary disclosure of an operational or
maintenance issue related to aviation safety under an
aviation safety action program meets the criteria for
acceptance as a valid disclosure under such program.
(b) Disclaimer Required.--Any dissemination of a disclosure
that was submitted and accepted under an aviation safety
action program pursuant to the presumption under subsection
(a), but that has not undergone review by an event review
committee, shall be accompanied by a disclaimer stating that
the disclosure--
(1) has not been reviewed by an event review committee
tasked with reviewing such disclosures; and
(2) may subsequently be determined to be ineligible for
inclusion in the aviation safety action program.
(c) Rejection of Disclosure.--A disclosure described under
subsection (a) shall be rejected from an aviation safety
action program if, after a review of the disclosure, an event
review committee tasked with reviewing such disclosures
determines that the disclosure fails to meet the criteria for
acceptance under such program.
(d) Aviation Safety Action Program Defined.--In this
section, the term ``aviation safety action program'' means a
program established in accordance with Federal Aviation
Administration Advisory Circular 120-66B, issued November 15,
2002 (including any similar successor advisory circular), to
allow an individual to voluntarily disclose operational or
maintenance issues related to aviation safety.
SEC. 314. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST
REQUIREMENTS.
(a) Modification of Final Rule.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
modify the final rule of the Federal Aviation Administration
published in the Federal Register on August 19, 1994 (59 Fed.
Reg. 42974; relating to flight attendant duty period
limitations and rest requirements) in accordance with the
requirements of this subsection.
(2) Contents.--The final rule, as modified under paragraph
(1), shall ensure that--
(A) a flight attendant scheduled to a duty period of 14
hours or less is given a scheduled rest period of at least 10
consecutive hours; and
(B) the rest period is not reduced under any circumstances.
(b) Fatigue Risk Management Plan.--
(1) Submission of plan by part 121 air carriers.--Not later
than 90 days after the date of enactment of this Act, each
air carrier operating under part 121 of title 14, Code of
Federal Regulations (in this section referred to as a ``part
121 air carrier''), shall submit to the Administrator of the
Federal Aviation Administration for review and acceptance a
fatigue risk management plan for the carrier's flight
attendants.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations that
enables the management of flight attendant fatigue, including
annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on flight attendants; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually
assesses the effectiveness of implementation of the plan,
including the ability of the plan--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review and
accept or reject each fatigue risk management plan submitted
under this subsection. If the Administrator rejects a plan,
the Administrator shall provide suggested modifications for
resubmission of the plan.
(4) Plan updates.--
(A) In general.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2
years and submit the update to the Administrator for review
and acceptance.
(B) Review.--Not later than 1 year after the date of
submission of a plan update under subparagraph (A), the
Administrator shall review and accept or reject the update.
If the Administrator rejects an update, the Administrator
shall provide suggested modifications for resubmission of the
update.
(5) Compliance.--A part 121 air carrier shall comply with
the fatigue risk management plan of the air carrier that is
accepted by the Administrator under this subsection.
(6) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of
chapter 447 of title 49, United States Code, for purposes of
the application of civil penalties under chapter 463 of that
title.
SEC. 315. SECONDARY COCKPIT BARRIERS.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue an order requiring the installation of a
secondary cockpit barrier on each aircraft that is
manufactured for delivery to a passenger air carrier in the
United States operating under the provisions of part 121 of
title 14, Code of Federal Regulations.
SEC. 316. AVIATION MAINTENANCE INDUSTRY TECHNICAL WORKFORCE.
(a) Study.--The Comptroller General of the United States
shall conduct a study on technical workers in the aviation
maintenance industry.
(b) Contents.--In conducting the study, the Comptroller
General shall--
(1) analyze the current Standard Occupational
Classification system with regard to the aviation profession,
particularly technical workers in the aviation maintenance
industry;
(2) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect government data on unemployment rates and wages;
(3) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect projections for future aviation maintenance industry
workforce needs and project technical worker shortfalls;
(4) analyze the impact of Federal regulation, including
Federal Aviation Administration oversight of certification,
testing, and education programs, on employment of technical
workers in the aviation maintenance industry;
(5) develop recommendations on how Federal Aviation
Administration regulations and policies could be improved to
address aviation maintenance industry needs for technical
workers; and
(6) develop recommendations for better coordinating actions
by government, educational institutions, and businesses to
support workforce growth in the aviation maintenance
industry.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
(d) Definitions.--In this section, the following
definitions apply:
(1) Aviation maintenance industry.--The term ``aviation
maintenance industry'' means repair stations certificated
under part 145 of title 14, Code of Federal Regulations.
(2) Technical worker.--The term ``technical worker'' means
an individual authorized under part 43 of title 14, Code of
Federal
[[Page H3611]]
Regulations, to maintain, rebuild, alter, or perform
preventive maintenance on an aircraft, airframe, aircraft
engine, propeller, appliance, or component part or employed
by an entity so authorized to perform such a function.
SEC. 317. CRITICAL AIRFIELD MARKINGS.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue a request for proposal for a study that
includes--
(1) an independent, third party study to assess the
durability of Type III and Type I glass beads applied to
critical markings over a 2-year period at not fewer than 2
primary airports in varying weather conditions to measure the
retroreflectivity levels of such markings on a quarterly
basis; and
(2) a study at 2 other airports carried out by applying
Type III beads on half of the centerline and Type I beads to
the other half and providing for assessments from pilots
through surveys administered by a third party as to the
visibility and performance of the Type III glass beads as
compared to the Type I glass beads over a 1-year period.
SEC. 318. REGULATORY REFORM.
Section 106(p)(5) of title 49, United States Code, is
amended by inserting ``or aerospace'' after ``aviation''.
Subtitle B--Unmanned Aircraft Systems
SEC. 331. DEFINITIONS.
Except as otherwise provided, the definitions contained in
section 45501 of title 49, United States Code (as added by
this Act), shall apply to this subtitle.
SEC. 332. CODIFICATION OF EXISTING LAW; ADDITIONAL
PROVISIONS.
(a) In General.--Subtitle VII of title 49, United States
Code, is amended by inserting after chapter 453 the
following:
``CHAPTER 455--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``45501. Definitions.
``45502. Integration of civil unmanned aircraft systems into national
airspace system.
``45503. Risk-based permitting of unmanned aircraft systems.
``45504. Public unmanned aircraft systems.
``45505. Special rules for certain unmanned aircraft systems.
``45506. Certification of new air navigation facilities for unmanned
aircraft and other aircraft.
``45507. Special rules for certain UTM and low-altitude CNS.
``45508. Operation of small unmanned aircraft.
``45509. Special rules for model aircraft.
``45510. Carriage of property for compensation or hire.
``45511. Micro UAS operations.
``Sec. 45501. Definitions
``In this chapter, the following definitions apply:
``(1) Aerial data collection.--The term `aerial data
collection' means the gathering of data by a device aboard an
unmanned aircraft during flight, including imagery, sensing,
and measurement by such device.
``(2) Arctic.--The term `Arctic' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north
of the Aleutian chain.
``(3) Certificate of waiver; certificate of
authorization.--The terms `certificate of waiver' and
`certificate of authorization' mean a Federal Aviation
Administration grant of approval for a specific flight
operation.
``(4) CNS.--The term `CNS' means a communication,
navigation, or surveillance system or service.
``(5) Model aircraft.--the term `model aircraft' means an
unmanned aircraft that is--
``(A) capable of sustained flight in the atmosphere;
``(B) flown within visual line of sight of the person
operating the aircraft; and
``(C) flown for hobby or recreational purposes.
``(6) Permanent areas.--The term `permanent areas' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
``(7) Public unmanned aircraft system.--The term `public
unmanned aircraft system' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft (as defined in section
40102(a)).
``(8) Sense-and-avoid capability.--The term `sense-and-
avoid capability' means the capability of an unmanned
aircraft to remain a safe distance from and to avoid
collisions with other airborne aircraft.
``(9) Small unmanned aircraft.--The term `small unmanned
aircraft' means an unmanned aircraft weighing less than 55
pounds, including everything that is on board or otherwise
attached to the aircraft.
``(10) Unmanned aircraft.--The term `unmanned aircraft'
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
``(11) Unmanned aircraft system.--The term `unmanned
aircraft system' means an unmanned aircraft and associated
elements (including communication links and the components
that control the unmanned aircraft) that are required for the
pilot in command to operate safely and efficiently in the
national airspace system.
``(12) UTM.--The term `UTM' means an unmanned aircraft
traffic management system or service.
``Sec. 45502. Integration of civil unmanned aircraft systems
into national airspace system
``(a) Required Planning for Integration.--
``(1) Comprehensive plan.--Not later than November 10,
2012, the Secretary of Transportation, in consultation with
representatives of the aviation industry, Federal agencies
that employ unmanned aircraft systems technology in the
national airspace system, and the unmanned aircraft systems
industry, shall develop a comprehensive plan to safely
accelerate the integration of civil unmanned aircraft systems
into the national airspace system.
``(2) Contents of plan.--The plan required under paragraph
(1) shall contain, at a minimum, recommendations or
projections on--
``(A) the rulemaking to be conducted under subsection (b),
with specific recommendations on how the rulemaking will--
``(i) define the acceptable standards for operation and
certification of civil unmanned aircraft systems;
``(ii) ensure that any civil unmanned aircraft system
includes a sense-and-avoid capability; and
``(iii) establish standards and requirements for the
operator and pilot of a civil unmanned aircraft system,
including standards and requirements for registration and
licensing;
``(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the national
airspace system;
``(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace system;
``(D) a timeline for the phased-in approach described under
subparagraph (C);
``(E) creation of a safe airspace designation for
cooperative manned and unmanned flight operations in the
national airspace system;
``(F) establishment of a process to develop certification,
flight standards, and air traffic requirements for civil
unmanned aircraft systems at test ranges where such systems
are subject to testing;
``(G) the best methods to ensure the safe operation of
civil unmanned aircraft systems and public unmanned aircraft
systems simultaneously in the national airspace system; and
``(H) incorporation of the plan into the annual NextGen
Implementation Plan document (or any successor document) of
the Federal Aviation Administration.
``(3) Deadline.--The plan required under paragraph (1)
shall provide for the safe integration of civil unmanned
aircraft systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
``(4) Report to congress.--Not later than February 14,
2013, the Secretary shall submit to Congress a copy of the
plan required under paragraph (1).
``(5) Roadmap.--Not later than February 14, 2013, the
Secretary shall approve and make available in print and on
the Administration's internet website a 5-year roadmap for
the introduction of civil unmanned aircraft systems into the
national airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The Secretary
shall update, in coordination with the Administrator of the
National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and
academia, the roadmap annually. The roadmap shall include, at
a minimum--
``(A) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and
timelines, for unmanned aircraft systems integration into the
national airspace system, including an identification of--
``(i) the role of the unmanned aircraft systems test ranges
established under subsection (c) and the Unmanned Aircraft
Systems Center of Excellence;
``(ii) performance objectives for unmanned aircraft systems
that operate in the national airspace system; and
``(iii) research and development priorities for tools that
could assist air traffic controllers as unmanned aircraft
systems are integrated into the national airspace system, as
appropriate;
``(B) a description of how the Administration plans to use
research and development, including research and development
conducted through NASA's Unmanned Aircraft Systems Traffic
Management initiatives, to accommodate, integrate, and
provide for the evolution of unmanned aircraft systems in the
national airspace system;
``(C) an assessment of critical performance abilities
necessary to integrate unmanned aircraft systems into the
national airspace system, and how these performance abilities
can be demonstrated; and
``(D) an update on the advancement of technologies needed
to integrate unmanned aircraft systems into the national
airspace system, including decisionmaking by adaptive
systems, such as sense-and-avoid capabilities and cyber
physical systems security.
``(b) Rulemaking.--Not later than 18 months after the date
on which the plan required under subsection (a)(1) is
submitted to Congress under subsection (a)(4), the Secretary
shall publish in the Federal Register--
[[Page H3612]]
``(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the
national airspace system, to the extent the systems do not
meet the requirements for expedited operational authorization
under section 45508;
``(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
``(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket
No. FAA-2006-25714.
``(c) Expanding Use of Unmanned Aircraft Systems in
Arctic.--
``(1) In general.--Not later than August 12, 2012, the
Secretary shall develop a plan and initiate a process to work
with relevant Federal agencies and national and international
communities to designate permanent areas in the Arctic where
small unmanned aircraft may operate 24 hours per day for
research and commercial purposes. The plan for operations in
these permanent areas shall include the development of
processes to facilitate the safe operation of unmanned
aircraft beyond line of sight. Such areas shall enable over-
water flights from the surface to at least 2,000 feet in
altitude, with ingress and egress routes from selected
coastal launch sites.
``(2) Agreements.--To implement the plan under paragraph
(1), the Secretary may enter into an agreement with relevant
national and international communities.
``(3) Aircraft approval.--Not later than 1 year after the
entry into force of an agreement necessary to effectuate the
purposes of this subsection, the Secretary shall work with
relevant national and international communities to establish
and implement a process, or may apply an applicable process
already established, for approving the use of unmanned
aircraft in the designated permanent areas in the Arctic
without regard to whether an unmanned aircraft is used as a
public aircraft, a civil aircraft, or a model aircraft.
``Sec. 45503. Risk-based permitting of unmanned aircraft
systems
``(a) In General.--Not later than 120 days after the date
of enactment of this section, the Administrator of the
Federal Aviation Administration shall establish procedures
for issuing permits under this section with respect to
certain unmanned aircraft systems and operations thereof.
``(b) Permitting Standards.--Upon the submission of an
application in accordance with subsection (d), the
Administrator shall issue a permit with respect to the
proposed operation of an unmanned aircraft system if the
Administrator determines that the unmanned aircraft system
and the proposed operation achieve a level of safety that is
equivalent to--
``(1) other unmanned aircraft systems and operations
permitted under regulation, exemption, or other authority
granted by the Administrator; or
``(2) any other aircraft operation approved by the
Administrator with similar risk characteristics or profiles.
``(c) Safety Criteria for Consideration.--In determining
whether a proposed operation meets the standards described in
subsection (b), the Administrator shall consider the
following safety criteria:
``(1) The kinetic energy of the unmanned aircraft system.
``(2) The location of the proposed operation, including the
proximity to--
``(A) structures;
``(B) congested areas;
``(C) special-use airspace; and
``(D) persons on the ground.
``(3) The nature of the operation, including any proposed
risk mitigation.
``(4) Any known hazard of the proposed operation and the
severity and likelihood of such hazard.
``(5) Any known failure modes of the unmanned aircraft
system, failure mode effects and criticality, and any
mitigating features or capabilities.
``(6) The operational history of relevant technologies, if
available.
``(7) Any history of civil penalties or certificate actions
by the Administrator against the applicant seeking the
permit.
``(8) Any other safety criteria the Administrator considers
appropriate.
``(d) Application.--An application under this section shall
include evidence that the unmanned aircraft system and the
proposed operation thereof meet the standards described in
subsection (b) based on the criteria described in subsection
(c).
``(e) Scope of Permit.--A permit issued under this section
shall--
``(1) be valid for 5 years;
``(2) constitute approval of both the airworthiness of the
unmanned aircraft system and the proposed operation of such
system;
``(3) be renewable for additional 5-year periods; and
``(4) contain any terms necessary to ensure aviation
safety.
``(f) Notice.--Not later than 120 days after the
Administrator receives a complete application under
subsection (d), the Administrator shall provide the applicant
written notice of a decision to approve or disapprove of the
application or to request a modification of the application
that is necessary for approval of the application.
``(g) Permitting Process.--The Administrator shall issue a
permit under this section without regard to subsections (b)
through (d) of section 553 of title 5 and chapter 35 of title
44 if the Administrator determines that the operation
permitted will not occur near a congested area.
``(h) Exemption From Certain Requirements.--To the extent
consistent with aviation safety, the Administrator may exempt
applicants under this section from paragraphs (1) through (3)
of section 44711(a).
``(i) Withdrawal.--The Administrator may, at any time,
modify or withdraw a permit issued under this section.
``(j) Applicability.--This section shall not apply to small
unmanned aircraft systems and operations authorized by the
final rule on small unmanned aircraft systems issued pursuant
to section 45502(b)(1).
``(k) Expedited Review.--The Administrator shall review and
act upon applications under this section on an expedited
basis for unmanned aircraft systems and operations thereof to
be used primarily in, or primarily in direct support of,
emergency preparedness, emergency response, or disaster
recovery efforts, including efforts in connection with
natural disasters and severe weather events.
``Sec. 45504. Public unmanned aircraft systems
``(a) Guidance.--Not later than November 10, 2012, the
Secretary of Transportation shall issue guidance regarding
the operation of public unmanned aircraft systems to--
``(1) expedite the issuance of a certificate of
authorization process;
``(2) provide for a collaborative process with public
agencies to allow for an incremental expansion of access to
the national airspace system as technology matures and the
necessary safety analysis and data become available, and
until standards are completed and technology issues are
resolved;
``(3) facilitate the capability of public agencies to
develop and use test ranges, subject to operating
restrictions required by the Federal Aviation Administration,
to test and operate unmanned aircraft systems; and
``(4) provide guidance on a public entity's responsibility
when operating an unmanned aircraft without a civil
airworthiness certificate issued by the Administration.
``(b) Standards for Operation and Certification.--Not later
than December 31, 2015, the Administrator shall develop and
implement operational and certification requirements for the
operation of public unmanned aircraft systems in the national
airspace system.
``(c) Agreements With Government Agencies.--
``(1) In general.--Not later than May 14, 2012, the
Secretary shall enter into agreements with appropriate
government agencies to simplify the process for issuing
certificates of waiver or authorization with respect to
applications seeking authorization to operate public unmanned
aircraft systems in the national airspace system.
``(2) Contents.--The agreements shall--
``(A) with respect to an application described in paragraph
(1)--
``(i) provide for an expedited review of the application;
``(ii) require a decision by the Administrator on approval
or disapproval within 60 business days of the date of
submission of the application; and
``(iii) allow for an expedited appeal if the application is
disapproved;
``(B) allow for a one-time approval of similar operations
carried out during a fixed period of time; and
``(C) allow a government public safety agency to operate
unmanned aircraft weighing 4.4 pounds or less, if operated--
``(i) within the line of sight of the operator;
``(ii) less than 400 feet above the ground;
``(iii) during daylight conditions;
``(iv) within Class G airspace; and
``(v) outside of 5 statute miles from any airport,
heliport, seaplane base, spaceport, or other location with
aviation activities.
``Sec. 45505. Special rules for certain unmanned aircraft
systems
``(a) In General.--Notwithstanding any other requirement of
this subtitle, and not later than August 12, 2012, the
Secretary of Transportation shall determine if certain
unmanned aircraft systems may operate safely in the national
airspace system before completion of the plan and rulemaking
required by section 45502 or the guidance required under
section 45504.
``(b) Assessment of Unmanned Aircraft Systems.--In making
the determination under subsection (a), the Secretary shall
determine, at a minimum--
``(1) which types of unmanned aircraft systems, if any, as
a result of their size, weight, speed, operational
capability, proximity to airports and populated areas, and
operation within visual line of sight do not create a hazard
to users of the national airspace system or the public or
pose a threat to national security; and
``(2) whether a certificate of waiver, certificate of
authorization, or airworthiness certification under section
44704 is required for the operation of unmanned aircraft
systems identified under paragraph (1).
``(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system,
the Secretary shall establish requirements for the safe
operation of such aircraft systems in the national airspace
system.
[[Page H3613]]
``Sec. 45506. Certification of new air navigation facilities
for unmanned aircraft and other aircraft
``(a) In General.--Not later than 18 months after the date
of enactment of this section, and notwithstanding section
2208 of the FAA Extension, Safety, and Security Act of 2016
(49 U.S.C. 40101 note), the Administrator of the Federal
Aviation Administration shall initiate a rulemaking to
establish procedures for issuing air navigation facility
certificates pursuant to section 44702 to operators of--
``(1) UTM for unmanned aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground
level and below; and
``(2) low-altitude CNS for aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground
level and below.
``(b) Minimum Requirements.--In issuing a final rule
pursuant to subsection (a), the Administrator, at a minimum,
shall provide for the following:
``(1) Certification standards.--The Administrator shall
issue an air navigation facility certificate under the final
rule if the Administrator determines that a UTM or low-
altitude CNS facilitates or improves the safety of unmanned
aircraft or other aircraft operations that occur primarily or
exclusively in airspace 400 feet above ground level and
below, including operations conducted under a waiver issued
pursuant to subpart D of part 107 of title 14, Code of
Federal Regulations.
``(2) Criteria for consideration.--In determining whether a
UTM or low-altitude CNS meets the standard described in
paragraph (1), the Administrator shall, as appropriate,
consider--
``(A) protection of persons and property on the ground;
``(B) remote identification of aircraft;
``(C) collision avoidance with respect to obstacles and
aircraft;
``(D) deconfliction of aircraft trajectories;
``(E) safe and reliable interoperability or noninterference
with air traffic control and other systems operated in the
national airspace system;
``(F) detection of noncooperative aircraft;
``(G) geographic and local factors;
``(H) aircraft equipage; and
``(I) qualifications, if any, necessary to operate the UTM
or low-altitude CNS.
``(3) Application.--An application for an air navigation
facility certificate under the final rule shall include
evidence that the UTM or low-altitude CNS meets the standard
described in paragraph (1) based on the criteria described in
paragraph (2).
``(4) Scope of certificate.--The Administrator shall ensure
that an air navigation facility certificate issued under the
final rule--
``(A) constitutes approval of the UTM or low-altitude CNS
for the duration of the term of the certificate;
``(B) constitutes authorization to operate the UTM or low-
altitude CNS for the duration of the term of the certificate;
and
``(C) contains such limitations and conditions as may be
necessary to ensure aviation safety.
``(5) Notice.--Not later than 120 days after the
Administrator receives a complete application under the final
rule, the Administrator shall provide the applicant with a
written approval, disapproval, or request to modify the
application.
``(6) Low risk areas.--Under the final rule, the
Administrator shall establish expedited procedures for
approval of UTM or low-altitude CNS operated in--
``(A) airspace away from congested areas; or
``(B) other airspace above areas in which operations of
unmanned aircraft pose very low risk.
``(7) Exemption from certain requirements.--To the extent
consistent with aviation safety, the Administrator may exempt
applicants under the final rule from requirements under
sections 44702, 44703, and 44711.
``(8) Certificate modifications and revocations.--A
certificate issued under the final rule may, at any time, be
modified or revoked by the Administrator.
``(c) Consultation.--In carrying out this section, the
Administrator shall consult with other Federal agencies, as
appropriate.
``Sec. 45507. Special rules for certain UTM and low-altitude
CNS
``(a) In General.--Notwithstanding any other requirement of
this chapter, and not later than 120 days after the date of
enactment of this section, the Secretary of Transportation
shall determine if certain UTM and low-altitude CNS may
operate safely in the national airspace system before
completion of the rulemaking required by section 45506.
``(b) Assessment of UTM and Low-Altitude CNS.--In making
the determination under subsection (a), the Secretary shall
determine, at a minimum, which types of UTM and low-altitude
CNS, if any, as a result of their operational capabilities,
reliability, intended use, and areas of operation, and the
characteristics of the aircraft involved, do not create a
hazard to users of the national airspace system or the
public.
``(c) Requirements for Safe Operation.--If the Secretary
determines that certain UTM and low-altitude CNS may operate
safely in the national airspace system, the Secretary shall
establish requirements for their safe operation in the
national airspace system.
``(d) Expedited Procedures.--The Secretary shall provide
expedited procedures for reviewing and approving UTM or low-
altitude CNS operated to monitor or control aircraft operated
primarily or exclusively in airspace above--
``(1) croplands;
``(2) areas other than congested areas; and
``(3) other areas in which the operation of unmanned
aircraft poses very low risk.
``(e) Consultation.--In carrying out this section, the
Administrator shall consult with other Federal agencies, as
appropriate.
``Sec. 45508. Operation of small unmanned aircraft
``(a) Exemption and Certificate of Waiver or Authorization
for Certain Operations.--Not later than 270 days after the
date of enactment of this section, the Administrator of the
Federal Aviation Administration shall establish a procedure
for granting an exemption and issuing a certificate of waiver
or authorization for the operation of a small unmanned
aircraft system in United States airspace for the purposes
described in section 45501(1).
``(b) Operation of Exemption and Certificate of Waiver or
Authorization.--
``(1) Exemption.--An exemption granted under this section
shall--
``(A) exempt the operator of a small unmanned aircraft from
the provisions of title 14, Code of Federal Regulations, that
are exempted in Exemption No. 11687, issued on May 26, 2015,
Regulatory Docket Number FAA-2015-0117, or in a subsequent
exemption; and
``(B) contain conditions and limitations described in
paragraphs 3 through 31 of such Exemption No. 11687, or
conditions and limitations of a subsequent exemption.
``(2) Certificate of waiver or authorization.--A
certificate of waiver or authorization issued under this
section shall allow the operation of small unmanned aircraft
according to--
``(A) the standard provisions and air traffic control
special provisions of the certificate of waiver or
authorization FAA Form 7711-1 (7-74); or
``(B) the standard and special provisions of a subsequent
certificate of waiver or authorization.
``(c) Notice to Administrator.--Before operating a small
unmanned aircraft pursuant to a certificate of waiver or
authorization granted under this section, the operator shall
provide written notice to the Administrator, in a form and
manner specified by the Administrator, that contains such
information and assurances as the Administrator determines
necessary in the interest of aviation safety and the
efficiency of the national airspace system, including a
certification that the operator has read, understands, and
will comply with all terms, conditions, and limitations of
the certificate of waiver or authorization.
``(d) Waiver of Airworthiness Certificate.--Notwithstanding
section 44711(a)(1), the holder of a certificate of waiver or
authorization granted under this section may operate a small
unmanned aircraft under the terms, conditions, and
limitations of such certificate without an airworthiness
certificate.
``(e) Procedure.--The granting of an exemption or the
issuance of a certificate of waiver or authorization, or any
other action authorized by this section, shall be made
without regard to--
``(1) section 553 of title 5; or
``(2) chapter 35 of title 44.
``(f) Statutory Construction.--Nothing in this section may
be construed to--
``(1) affect the issuance of a rule by or any other
activity of the Secretary of Transportation or the
Administrator under any other provision of law; or
``(2) invalidate an exemption or certificate of waiver or
authorization issued by the Administrator before the date of
enactment of this section.
``(g) Effective Periods.--An exemption or certificate of
waiver or authorization issued under this section, or an
amendment of such exemption or certificate, shall cease to be
valid on the effective date of a final rule on small unmanned
aircraft systems issued under section 45502(b)(1).
``Sec. 45509. Special rules for model aircraft
``(a) In General.--Notwithstanding any other provision of
law relating to the incorporation of unmanned aircraft
systems into Federal Aviation Administration plans and
policies, including this subtitle, the Administrator of the
Federal Aviation Administration may not promulgate any rule
or regulation regarding a model aircraft or an aircraft being
developed as a model aircraft (other than the registration of
certain model aircraft pursuant to section 44103), if--
``(1) the aircraft is flown strictly for hobby or
recreational use;
``(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a community-based organization;
``(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
``(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft;
``(5) the aircraft is not operated over or within the
property of a fixed site facility that operates amusement
rides available for use by the general public or the property
extending 500 lateral feet beyond the perimeter
[[Page H3614]]
of such facility unless the operation is authorized by the
owner of the amusement facility; and
``(6) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport) with prior notice of the operation
(model aircraft operators flying from a permanent location
within 5 miles of an airport should establish a mutually
agreed upon operating procedure with the airport operator and
the airport air traffic control tower (when an air traffic
facility is located at the airport)).
``(b) Commercial Operation for Instructional or Educational
Purposes.--A flight of an unmanned aircraft shall be treated
as a flight of a model aircraft for purposes of subsection
(a) (regardless of any compensation, reimbursement, or other
consideration exchanged or incidental economic benefit gained
in the course of planning, operating, or supervising the
flight), if the flight is--
``(1) conducted for instructional or educational purposes;
and
``(2) operated or supervised by a member of a community-
based organization recognized pursuant to subsection (e).
``(c) Statutory Construction.--Nothing in this section may
be construed to limit the authority of the Administrator to
pursue enforcement action against persons operating model
aircraft who endanger the safety of the national airspace
system.
``(d) Community-Based Organization Defined.--In this
section, the term `community-based organization' means an
entity that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
``(2) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
``(3) the mission of which is demonstrably the furtherance
of model aviation;
``(4) provides a comprehensive set of safety guidelines for
all aspects of model aviation addressing the assembly and
operation of model aircraft and that emphasize safe
aeromodeling operations within the national airspace system
and the protection and safety of individuals and property on
the ground;
``(5) provides programming and support for any local
charter organizations, affiliates, or clubs; and
``(6) provides assistance and support in the development
and operation of locally designated model aircraft flying
sites.
``(e) Recognition of Community-Based Organizations.--Not
later than 180 days after the date of enactment of this
section, the Administrator shall establish, and make
available to the public, a process for recognizing community-
based organizations that meet the eligibility criteria under
subsection (d).
``Sec. 45510. Carriage of property for compensation or hire
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation
shall issue a final rule authorizing the carriage of property
by operators of small unmanned aircraft systems for
compensation or hire within the United States.
``(b) Contents.--The final rule required under subsection
(a) shall provide for the following:
``(1) Small uas air carrier certificate.--The Administrator
of the Federal Aviation Administration, at the direction of
the Secretary, shall establish a small UAS air carrier
certificate for persons that undertake directly, or by lease
or other arrangement, the operation of small unmanned
aircraft systems to carry property in air transportation,
including commercial fleet operations with highly automated
unmanned aircraft systems. The requirements to obtain a small
UAS air carrier certificate shall--
``(A) account for the unique characteristics of highly
automated small unmanned aircraft systems; and
``(B) include only those obligations necessary for the safe
operation of small unmanned aircraft systems.
``(2) Small uas air carrier certification process.--The
Administrator, at the direction of the Secretary, shall
establish a process for the issuance of a small UAS air
carrier certificate described in paragraph (1) that is
streamlined, simple, performance-based, and risk-based. Such
certification process shall consider--
``(A) safety and the mitigation of operational risks from
highly automated small unmanned aircraft systems to the
safety of other aircraft, and persons and property on the
ground;
``(B) the safety and reliability of highly automated small
unmanned aircraft system design, including technological
capabilities and operational limitations to mitigate such
risks; and
``(C) the competencies and compliance programs of
manufacturers, operators, and companies that both manufacture
and operate small unmanned aircraft systems and components.
``(3) Small uas air carrier classification.--The Secretary
shall develop a classification system for small unmanned
aircraft systems air carriers to establish economic authority
for the carriage of property by small unmanned aircraft
systems for compensation or hire. Such classification shall
only require--
``(A) registration with the Department of Transportation;
and
``(B) a valid small UAS air carrier certificate as
described in paragraph (1).
``Sec. 45511. Micro UAS operations
``(a) In General.--Not later than 60 days after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall charter an aviation rulemaking
advisory committee to develop recommendations for regulations
under which any person may operate a micro unmanned aircraft
system, the aircraft component of which weighs 4.4 pounds or
less, including payload, without the person operating the
system being required to pass any airman certification
requirement, including any requirements under section 44703,
part 61 of title 14, Code of Federal Regulations, or any
other rule or regulation relating to airman certification.
``(b) Considerations.--In developing recommendations for
the operation of micro unmanned aircraft systems under
subsection (a), the members of the aviation rulemaking
advisory committee shall consider rules for operation of such
systems--
``(1) at an altitude of less than 400 feet above ground
level;
``(2) with an airspeed of not greater than 40 knots;
``(3) within the visual line of sight of the operator;
``(4) during the hours between sunrise and sunset;
``(5) by an operator who has passed an aeronautical
knowledge and safety test administered by the Federal
Aviation Administration online specifically for the operation
of micro unmanned aircraft systems, with such test being of a
length and difficulty that acknowledges the reduced
operational complexity and low risk of micro unmanned
aircraft systems;
``(6) not over unprotected persons uninvolved in its
operation; and
``(7) at least 5 statute miles from the geographic center
of a tower-controlled airport or airport denoted on a current
Federal Aviation Administration-published aeronautical chart,
except that a micro unmanned aircraft system may be operated
closer than 5 statute miles to the airport if the operator--
``(A) provides prior notice to the airport operator; and
``(B) receives, for a tower-controlled airport, prior
approval from the air traffic control facility located at the
airport.
``(c) Consultation.--
``(1) In general.--In developing recommendations for
recommended regulations under subsection (a), the aviation
rulemaking advisory committee shall consult with--
``(A) unmanned aircraft systems stakeholders, including
manufacturers of micro unmanned aircraft systems;
``(B) community-based aviation organizations;
``(C) the Center of Excellence for Unmanned Aircraft
Systems; and
``(D) appropriate Federal agencies.
``(2) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to an aviation rulemaking advisory
committee chartered under this section.
``(d) Rulemaking.--Not later than 180 days after the date
of receipt of the recommendations under subsection (a), the
Administrator shall issue regulations incorporating
recommendations of the aviation rulemaking advisory committee
that provide for the operation of micro unmanned aircraft
systems in the United States--
``(1) without an airman certificate; and
``(2) without an airworthiness certificate for the
associated unmanned aircraft.
``(e) Scope of Regulations.--
``(1) In general.--In determining whether a person may
operate an unmanned aircraft system under 1 or more of the
circumstances described under paragraphs (1) through (3) of
subsection (b), the Administrator shall use a risk-based
approach and consider, at a minimum, the physical and
functional characteristics of the unmanned aircraft system.
``(2) Limitation.--The Administrator may only issue
regulations under this section for unmanned aircraft systems
that the Administrator determines may be operated safely in
the national airspace system pursuant to those regulations.
``(f) Rules of Construction.--Nothing in this section may
be construed--
``(1) to prohibit a person from operating an unmanned
aircraft system under a circumstance described under
paragraphs (1) through (3) of subsection (b) if--
``(A) the circumstance is allowed by regulations issued
under this section; and
``(B) the person operates the unmanned aircraft system in a
manner prescribed by the regulations; or
``(2) to limit or affect in any way the Administrator's
authority to conduct a rulemaking, make a determination, or
carry out any activity related to unmanned aircraft or
unmanned aircraft systems under any other provision of
law.''.
(b) Conforming Amendments.--
(1) Repeals.--
(A) In general.--Sections 332(a), 332(b), 332(d), 333, 334,
and 336 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) are repealed.
(B) Clerical amendment.--The items relating to sections
333, 334, and 336 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note) in the table of contents
contained in section 1(b) of that Act are repealed.
(2) Penalties.--Section 46301 of title 49, United States
Code, is amended--
(A) in subsection (a)--
[[Page H3615]]
(i) in paragraph (1)(A) by inserting ``chapter 455,'' after
``chapter 451,''; and
(ii) in paragraph (5)(A)(i) by striking ``or chapter 451,''
and inserting ``chapter 451, chapter 455,'';
(B) in subsection (d)(2) by inserting ``chapter 455,''
after ``chapter 451,''; and
(C) in subsection (f)(1)(A)(i) by striking ``or chapter
451'' and inserting ``chapter 451, or chapter 455''.
(3) Clerical amendment.--The analysis for subtitle VII of
title 49, United States Code, is amended by inserting after
the item relating to chapter 453 the following:
``455. Unmanned aircraft systems...........................45501''.....
SEC. 333. UNMANNED AIRCRAFT TEST RANGES.
(a) Extension of Program.--Section 332(c)(1) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
is amended by striking ``September 30, 2019'' and inserting
``the date that is 6 years after the date of enactment of the
FAA Reauthorization Act of 2018''.
(b) Sense-and-Avoid and Beyond Line of Sight Systems at
Test Ranges.--
(1) In general.--To the extent consistent with aviation
safety, the Administrator of the Federal Aviation
Administration shall permit and encourage flights of unmanned
aircraft equipped with sense-and-avoid and beyond line of
sight systems at the 6 test ranges designated under section
332(c) of the FAA Modernization and Reform Act of 2012.
(2) Waivers.--In carrying out paragraph (1), the
Administrator may waive the requirements of section 44711 of
title 49, United States Code, including related regulations,
to the extent consistent with aviation safety.
(c) Test Range Defined.--
(1) In general.--In this section, the term ``test range''
means a defined geographic area where research and
development are conducted as authorized by the Administrator
of the Federal Aviation Administration.
(2) Inclusions.--Such term includes any of the 6 test
ranges established by the Administrator of the Federal
Aviation Administration under section 332(c) of the FAA
Modernization and Reform Act of 2012, as in effect on the day
before the date of enactment of this subsection, and any
public entity authorized by the Federal Aviation
Administration as an unmanned aircraft system flight test
center before January 1, 2009.
SEC. 334. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT
SAFETY.
It is the sense of Congress that--
(1) the unauthorized operation of unmanned aircraft near
airports presents a serious hazard to aviation safety;
(2) a collision between an unmanned aircraft and a
conventional aircraft in flight could jeopardize the safety
of persons aboard the aircraft and on the ground;
(3) Federal aviation regulations, including sections 91.126
through 91.131 of title 14, Code of Federal Regulations,
prohibit unauthorized operation of an aircraft in controlled
airspace near an airport;
(4) Federal aviation regulations, including section 91.13
of title 14, Code of Federal Regulations, prohibit the
operation of an aircraft in a careless or reckless manner so
as to endanger the life or property of another;
(5) the Administrator of the Federal Aviation
Administration should pursue all available civil and
administrative remedies available to the Administrator,
including referrals to other government agencies for criminal
investigations, with respect to persons who operate unmanned
aircraft in an unauthorized manner;
(6) the Administrator should place particular priority on
continuing measures, including partnerships with
nongovernmental organizations, to educate the public about
the dangers to the public safety of operating unmanned
aircraft near airports without the appropriate approvals or
authorizations; and
(7) manufacturers and retail sellers of small unmanned
aircraft systems should take steps to educate consumers about
the safe and lawful operation of such systems.
SEC. 335. UAS PRIVACY REVIEW.
(a) Review.--The Secretary of Transportation, in
consultation with the heads of appropriate Federal agencies,
appropriate State and local officials, and subject-matter
experts and in consideration of relevant efforts led by the
National Telecommunications and Information Administration,
shall carry out a review to identify any potential reduction
of privacy specifically caused by the integration of unmanned
aircraft systems into the national airspace system.
(b) Consultation.--In carrying out the review, the
Secretary shall consult with the National Telecommunications
and Information Administration of the Department of Commerce
on its ongoing efforts responsive to the Presidential
memorandum titled ``Promoting Economic Competitiveness While
Safeguarding Privacy, Civil Rights, and Civil Liberties in
Domestic Use of Unmanned Aircraft Systems'' and dated
February 15, 2015.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the review required under subsection (a).
SEC. 336. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) of title 49, United States Code, is amended by
adding at the end the following:
``(F) An unmanned aircraft that is owned and operated by,
or exclusively leased for at least 90 continuous days by, an
Indian Tribal government, as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122), except as provided in section
40125(b).''.
(b) Conforming Amendment.--Section 40125(b) of title 49,
United States Code, is amended by striking ``or (D)'' and
inserting ``(D), or (F)''.
SEC. 337. EVALUATION OF AIRCRAFT REGISTRATION FOR SMALL
UNMANNED AIRCRAFT.
(a) Metrics.--Beginning not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall develop and track
metrics to assess compliance with and effectiveness of the
registration of small unmanned aircraft systems by the
Federal Aviation Administration pursuant to the interim final
rule issued on December 16, 2015, entitled ``Registration and
Marking Requirements for Small Unmanned Aircraft'' (80 Fed.
Reg. 78593) and any subsequent final rule, including metrics
with respect to--
(1) the levels of compliance with the interim final rule
and any subsequent final rule;
(2) the number of enforcement actions taken by the
Administration for violations of or noncompliance with the
interim final rule and any subsequent final rule, together
with a description of the actions; and
(3) the effect of the interim final rule and any subsequent
final rule on compliance with any fees associated with the
use of small unmanned aircraft systems.
(b) Evaluation.--The Inspector General of the Department of
Transportation shall evaluate--
(1) the Administration's progress in developing and
tracking the metrics set forth in subsection (a); and
(2) the reliability, effectiveness, and efficiency of the
Administration's registration program for small unmanned
aircraft.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) the results of the evaluation required under subsection
(b); and
(2) recommendations to the Administrator and Congress for
improvements to the registration process for small unmanned
aircraft.
SEC. 338. STUDY ON ROLES OF GOVERNMENTS RELATING TO LOW-
ALTITUDE OPERATION OF SMALL UNMANNED AIRCRAFT.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall initiate a study on--
(1) the regulation and oversight of the low-altitude
operations of small unmanned aircraft and small unmanned
aircraft systems; and
(2) the appropriate roles and responsibilities of Federal,
State, local, and Tribal governments in regulating and
overseeing the operations of small unmanned aircraft in
airspace 400 feet above ground level and below.
(b) Considerations.--In carrying out the study, the
Inspector General shall consider, at a minimum--
(1) the recommendations of Task Group 1 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the legal and policy requirements necessary for the
safe and financially viable development and growth of the
unmanned aircraft industry;
(3) the interests of Federal, State, local, and Tribal
governments affected by low-altitude operations of small
unmanned aircraft;
(4) the existing authorities of Federal, State, local, and
Tribal governments to protect the interests referenced in
paragraph (3);
(5) the degree of regulatory consistency required for the
safe and financially viable growth and development of the
unmanned aircraft industry;
(6) the degree of local variance possible among regulations
consistent with the safe and financially viable growth and
development of the unmanned aircraft industry;
(7) the appropriate roles of State, local, and Tribal
governments in regulating the operations of small unmanned
aircraft within the lateral boundaries of their jurisdiction
in the categories of airspace described in subsection (a)(2);
(8) the subjects and types of regulatory authority that
should remain with the Federal Government;
(9) the infrastructure requirements necessary for
monitoring the low-altitude operations of small unmanned
aircraft and enforcing applicable laws;
(10) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of small unmanned aircraft; and
(11) any best practices, lessons learned, or policies of
jurisdictions outside the United States relating to local or
regional regulation and oversight of small unmanned aircraft
and other emergent technologies.
[[Page H3616]]
(c) Report to Congress.--Not later than 180 days after
initiating the study, the Inspector General shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
SEC. 339. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study on appropriate fee mechanisms
to recover the costs of--
(1) the regulation and safety oversight of unmanned
aircraft and unmanned aircraft systems; and
(2) the provision of air navigation services to unmanned
aircraft and unmanned aircraft systems.
(b) Considerations.--In carrying out the study, the
Comptroller General shall consider, at a minimum--
(1) the recommendations of Task Group 3 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the total annual costs incurred by the Federal Aviation
Administration for the regulation and safety oversight of
activities related to unmanned aircraft;
(3) the annual costs attributable to various types,
classes, and categories of unmanned aircraft activities;
(4) air traffic services provided to unmanned aircraft
operating under instrument flight rules, excluding public
aircraft;
(5) the number of full-time Federal Aviation Administration
employees dedicated to unmanned aircraft programs;
(6) the use of privately operated UTM and other privately
operated unmanned aircraft systems;
(7) the projected growth of unmanned aircraft operations
for various applications and the estimated need for
regulation, oversight, and other services;
(8) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of unmanned aircraft; and
(9) any best practices or policies utilized by
jurisdictions outside the United States relating to partial
or total recovery of regulation and safety oversight costs
related to unmanned aircraft and other emergent technologies.
(c) Report to Congress.--Not later than 180 days after
initiating the study, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
recommendations on appropriate fee mechanisms to recover the
costs of regulating and providing air navigation services to
unmanned aircraft and unmanned aircraft systems.
SEC. 340. UPDATE OF FAA COMPREHENSIVE PLAN.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation shall
update the comprehensive plan developed pursuant to section
332 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) to develop a concept of operations for the
integration of unmanned aircraft into the national airspace
system.
(b) Considerations.--In carrying out the update, the
Secretary shall consider, at a minimum--
(1) the potential use of UTM and other technologies to
ensure the safe and lawful operation of unmanned aircraft in
the national airspace system;
(2) the appropriate roles, responsibilities, and
authorities of government agencies and the private sector in
identifying and reporting unlawful or harmful operations and
operators of unmanned aircraft;
(3) the use of models, threat assessments, probabilities,
and other methods to distinguish between lawful and unlawful
operations of unmanned aircraft; and
(4) appropriate systems, training, intergovernmental
processes, protocols, and procedures to mitigate risks and
hazards posed by unlawful or harmful operations of unmanned
aircraft systems.
(c) Consultation.--The Secretary shall carry out the update
in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft
systems technology in the national airspace system, and the
unmanned aircraft systems industry.
SEC. 341. COOPERATION RELATED TO CERTAIN COUNTER-UAS
TECHNOLOGY.
In matters relating to the use of systems in the national
airspace system intended to mitigate threats posed by errant
or hostile unmanned aircraft system operations, the Secretary
of Transportation shall consult with the Secretary of Defense
to streamline deployment of such systems by drawing upon the
expertise and experience of the Department of Defense in
acquiring and operating such systems consistent with the safe
and efficient operation of the national airspace system.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
SEC. 401. RELIABLE AIR SERVICE IN AMERICAN SAMOA.
Section 40109(g) of title 49, United States Code, is
amended--
(1) in paragraph (2) by striking subparagraph (C) and
inserting the following:
``(C) review the exemption at least every 30 days (or, in
the case of an exemption that is necessary to provide and
sustain air transportation in American Samoa between the
islands of Tutuila and Manu'a, at least every 180 days) to
ensure that the unusual circumstances that established the
need for the exemption still exist.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Renewal of exemptions.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary may renew an exemption (including renewals)
under this subsection for not more than 30 days.
``(B) Exception.--The Secretary may renew an exemption
(including renewals) under this subsection that is necessary
to provide and sustain air transportation in American Samoa
between the islands of Tutuila and Manu'a for not more than
180 days.
``(4) Continuation of exemptions.--An exemption granted by
the Secretary under this subsection may continue for not more
than 5 days after the unusual circumstances that established
the need for the exemption cease.''.
SEC. 402. CELL PHONE VOICE COMMUNICATION BAN.
(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 41725. Prohibition on certain cell phone voice
communications
``(a) Prohibition.--The Secretary of Transportation shall
issue regulations--
``(1) to prohibit an individual on an aircraft from
engaging in voice communications using a mobile
communications device during a flight of that aircraft in
scheduled passenger interstate or intrastate air
transportation; and
``(2) that exempt from the prohibition described in
paragraph (1) any--
``(A) member of the flight crew on duty on an aircraft;
``(B) flight attendant on duty on an aircraft; and
``(C) Federal law enforcement officer acting in an official
capacity.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Flight.--The term `flight' means, with respect to an
aircraft, the period beginning when the aircraft takes off
and ending when the aircraft lands.
``(2) Mobile communications device.--
``(A) In general.--The term `mobile communications device'
means any portable wireless telecommunications equipment
utilized for the transmission or reception of voice data.
``(B) Limitation.--The term `mobile communications device'
does not include a phone installed on an aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is amended by inserting after
the item relating to section 41724 the following:
``41725. Prohibition on certain cell phone voice communications.''.
SEC. 403. ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
Section 411 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) independent distributors of travel;'';
(2) in subsection (g) by striking ``first 2 calendar
years'' and inserting ``first 6 calendar years''; and
(3) in subsection (h) by striking ``2018'' and inserting
``2023''.
SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE.
Section 42303(b) of title 49, United States Code, is
amended to read as follows:
``(b) Required Disclosures.--An air carrier, foreign air
carrier, or ticket agent selling, in the United States, a
ticket for a flight in foreign air transportation to a
country listed on the internet website established under
subsection (a) shall--
``(1) disclose, on its own internet website or through
other means, that the destination country may require the air
carrier or foreign air carrier to treat an aircraft passenger
cabin with insecticides prior to the flight or to apply an
aerosol insecticide in an aircraft cabin used for such a
flight when the cabin is occupied with passengers; and
``(2) refer the purchaser of the ticket to the internet
website established under subsection (a) for additional
information.''.
SEC. 405. ADVERTISEMENTS AND DISCLOSURE OF FEES FOR PASSENGER
AIR TRANSPORTATION.
(a) Full Fare Advertising.--
(1) In general.--Section 41712 of title 49, United States
Code, is amended by adding at the end the following:
``(d) Full Fare Advertising.--
``(1) In general.--It shall not be an unfair or deceptive
practice under subsection (a) for a covered entity to state
in an advertisement or solicitation for passenger air
transportation the base airfare for the air transportation if
the covered entity clearly and separately discloses--
``(A) the government-imposed fees and taxes associated with
the air transportation; and
``(B) the total cost of the air transportation.
``(2) Form of disclosure.--
[[Page H3617]]
``(A) In general.--For purposes of paragraph (1), the
information described in paragraphs (1)(A) and (1)(B) shall
be disclosed in the advertisement or solicitation in a manner
that clearly presents the information to the consumer.
``(B) Internet advertisements and solicitations.--For
purposes of paragraph (1), with respect to an advertisement
or solicitation for passenger air transportation that appears
on an internet website or a mobile application, the
information described in paragraphs (1)(A) and (1)(B) may be
disclosed through a link or pop-up, as such terms may be
defined by the Secretary, that displays the information in a
manner that is easily accessible and viewable by the
consumer.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Base airfare.--The term `base airfare' means the cost
of passenger air transportation, excluding government-imposed
fees and taxes.
``(B) Covered entity.--The term `covered entity' means an
air carrier, including an indirect air carrier, foreign air
carrier, ticket agent, or other person offering to sell
tickets for passenger air transportation or a tour or tour
component that must be purchased with air transportation.''.
(2) Limitation on statutory construction.--Nothing in the
amendment made by paragraph (1) may be construed to affect
any obligation of a person that sells air transportation to
disclose the total cost of the air transportation, including
government-imposed fees and taxes, prior to purchase of the
air transportation.
(3) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations to carry out the amendment made by
paragraph (1).
(4) Effective date.--This subsection, and the amendments
made by this subsection, shall take effect on the earlier
of--
(A) the effective date of regulations issued under
paragraph (3); and
(B) the date that is 180 days after the date of enactment
of this Act.
(b) Disclosure of Fees.--Section 41712 of title 49, United
States Code, as amended by this section, is further amended
by adding at the end the following:
``(e) Disclosure of Fees.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any air carrier, foreign
air carrier, or ticket agent to fail to include, in an
internet fare quotation for a specific itinerary in air
transportation selected by a consumer--
``(A) a clear and prominent statement that additional fees
for checked baggage and carry-on baggage may apply; and
``(B) a prominent link that connects directly to a list of
all such fees.
``(2) Savings provision.--Nothing in this subsection may be
construed to derogate or limit any responsibilities of an air
carrier, foreign air carrier, or ticket agent under section
399.85 of title 14, Code of Federal Regulations, or any
successor provision.''.
SEC. 406. INVOLUNTARILY BUMPING PASSENGERS AFTER AIRCRAFT
BOARDED.
Section 41712 of title 49, United States Code, as amended
by this Act, is further amended by adding at the end the
following:
``(f) Involuntarily Denied Boarding After Aircraft
Boarded.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for an air carrier or foreign
air carrier subject to part 250 of title 14, Code of Federal
Regulations, to involuntarily deplane a revenue passenger
onboard an aircraft, if the revenue passenger--
``(A) is traveling on a confirmed reservation; and
``(B) checked-in for the relevant flight prior to the
check-in deadline.
``(2) Savings provision.--Nothing in this subsection may be
construed to limit the authority of an air carrier, foreign
air carrier, or airman to remove a passenger in accordance
with--
``(A) section 91.3, 121.533(d), or 121.580 of title 14,
Code of Federal Regulations, or any successor provision; or
``(B) any other applicable Federal, State, or local law.''.
SEC. 407. AVAILABILITY OF CONSUMER RIGHTS INFORMATION.
Section 42302(b) of title 49, United States Code, is
amended--
(1) in the matter preceding paragraph (1) by striking ``on
the'' and inserting ``in a prominent place on the homepage of
the primary'';
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the air carrier's customer service plan.''.
SEC. 408. CONSUMER COMPLAINTS HOTLINE.
Section 42302 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Use of New Technologies.--The Secretary shall
periodically evaluate the benefits of using mobile phone
applications or other widely used technologies to provide new
means for air passengers to communicate complaints in
addition to the telephone number established under subsection
(a) and shall provide such new means as the Secretary
determines appropriate.''.
SEC. 409. WIDESPREAD DISRUPTIONS.
(a) In General.--Chapter 423 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 42304. Widespread disruptions
``(a) General Requirements.--In the event of a widespread
disruption, a covered air carrier shall immediately publish,
via a prominent link on the air carrier's public internet
website, a clear statement indicating whether, with respect
to a passenger of the air carrier whose travel is interrupted
as a result of the widespread disruption, the air carrier
will--
``(1) provide for hotel accommodations;
``(2) arrange for ground transportation;
``(3) provide meal vouchers;
``(4) arrange for air transportation on another air carrier
or foreign air carrier to the passenger's destination; and
``(5) provide for sleeping facilities inside the airport
terminal.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Widespread disruption.--The term `widespread
disruption' means, with respect to a covered air carrier, the
interruption of all or the overwhelming majority of the air
carrier's systemwide flight operations, including flight
delays and cancellations, as the result of the failure of 1
or more computer systems or computer networks of the air
carrier.
``(2) Covered air carrier.--The term `covered air carrier'
means an air carrier that provides scheduled passenger air
transportation by operating an aircraft that as originally
designed has a passenger capacity of 30 or more seats.
``(c) Savings Provision.--Nothing in this section may be
construed to modify, abridge, or repeal any obligation of an
air carrier under section 42301.''.
(b) Conforming Amendment.--The analysis for chapter 423 of
title 49, United States Code, is amended by adding at the end
the following:
``42304. Widespread disruptions.''.
SEC. 410. INVOLUNTARILY DENIED BOARDING COMPENSATION.
Not later than 60 days after the date of enactment of this
Act, the Secretary of Transportation shall issue a final rule
to revise part 250 of title 14, Code of Federal Regulations,
to clarify that--
(1) there is not a maximum level of compensation an air
carrier or foreign air carrier may pay to a passenger who is
involuntarily denied boarding as the result of an oversold
flight;
(2) the compensation levels set forth in that part are the
minimum levels of compensation an air carrier or foreign air
carrier must pay to a passenger who is involuntarily denied
boarding as the result of an oversold flight; and
(3) an air carrier or foreign air carrier must proactively
offer to pay compensation to a passenger who is voluntarily
or involuntarily denied boarding on an oversold flight,
rather than waiting until the passenger requests the
compensation.
SEC. 411. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.
(a) Study.--The Secretary of Transportation shall conduct a
study on the feasibility and advisability of modifying
regulations contained in section 234.11 of title 14, Code of
Federal Regulations, to ensure that--
(1) a reporting carrier (including its contractors), during
the course of a reservation or ticketing discussion or other
inquiry, discloses to a consumer upon reasonable request the
projected period between the actual wheels-off and wheels-on
times for a reportable flight; and
(2) a reporting carrier displays, on the public internet
website of the carrier, information on the actual wheels-off
and wheels-on times during the most recent calendar month for
a reportable flight.
(b) Definitions.--In this section, the terms ``reporting
carrier'' and ``reportable flight'' have the meanings given
those terms in section 234.2 of title 14, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
SEC. 412. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR
AMBULANCE INDUSTRY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an advisory committee to make recommendations for a
rulemaking--
(1) to require air ambulance operators to clearly disclose
charges for air transportation services separately from
charges for non-air transportation services within any
invoice or bill; and
(2) to provide other consumer protections for customers of
air ambulance operators.
(b) Composition of the Advisory Committee.--The advisory
committee shall be composed of the following members:
(1) The Secretary of Transportation.
(2) 1 representative, to be appointed by the Secretary, of
each of the following:
(A) Each relevant Federal agency, as determined by the
Secretary.
(B) Air ambulance operators.
(C) State insurance regulators.
(D) Health insurance providers.
[[Page H3618]]
(E) Consumer groups.
(c) Recommendations.--The advisory committee shall make
recommendations with respect to each of the following:
(1) Cost-allocation methodologies needed to ensure that
charges for air transportation services are separated from
charges for non-air transportation services.
(2) Cost- or price-allocation methodologies to prevent
commingling of charges for air transportation services and
charges for non-air transportation services in bills and
invoices.
(3) Formats for bills and invoices to ensure that customers
and State insurance regulators can clearly distinguish
between charges for air transportation services and charges
for non-air transportation services.
(4) Data or industry references related to aircraft
operating costs to be used in determining the proper
allocation of charges for air transportation services and
charges for non-air transportation services.
(5) Guidance materials to instruct States, political
subdivisions of States, and political authorities of 2 or
more States on referring to the Secretary allegations of
unfair or deceptive practices or unfair methods of
competition by air ambulance operators.
(6) Protections for customers of air ambulance operators,
after consideration of the circumstances in which the
services of air ambulance operators are used.
(7) Protections of proprietary cost data from inappropriate
public disclosure.
(8) Such other matters as the Secretary determines
necessary or appropriate.
(d) Report.--Not later than 180 days after the date of the
first meeting of the advisory committee, the advisory
committee shall submit to the Secretary, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the
recommendations made under subsection (c).
(e) Rulemaking.--Not later than 180 days after the date of
receipt of the report under subsection (d), the Secretary
shall consider the recommendations of the advisory committee
and issue a final rule--
(1) to require air ambulance operators to clearly disclose
charges for air transportation services separately from
charges for non-air transportation services within any
invoice or bill; and
(2) to provide other consumer protections for customers of
air ambulance operators.
(f) Definitions.--In this section, the following
definitions apply:
(1) Air ambulance operator.--The term ``air ambulance
operator'' means an air carrier operating pursuant to part
135 of title 14, Code of Federal Regulations, that provides
medical, ambulance, or related services.
(2) Non-air transportation services.--The term ``non-air
transportation services'' means those services provided by
air ambulance operators but not other air carriers operating
pursuant to part 135 of title 14, Code of Federal
Regulations.
(g) Termination.--The advisory committee shall terminate on
the date of submission of the report under subsection (d).
(h) Nature of Air Ambulance Services.--The non-air
transportation services of air ambulance operators and prices
thereof are neither services nor prices of an air carrier for
purposes of section 41713 of title 49, United States Code.
SEC. 413. AIR AMBULANCE COMPLAINTS.
(a) Consumer Complaints.--Section 42302 of title 49, United
States Code, is amended--
(1) in subsection (a) by inserting ``(including
transportation by air ambulance)'' after ``air
transportation'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, and an air ambulance operator,'' after
``passenger seats''; and
(ii) by inserting ``or operator'' after ``Internet Web site
of the carrier''; and
(B) in paragraph (2) by inserting ``or operator'' after
``mailing address of the air carrier''; and
(3) by striking subsection (c) and inserting the following:
``(c) Notice to Passengers on Boarding or Billing
Documentation.--
``(1) Air carriers and foreign air carriers.--An air
carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats shall
include the hotline telephone number established under
subsection (a) on--
``(A) prominently displayed signs of the carrier at the
airport ticket counters in the United States where the air
carrier operates; and
``(B) any electronic confirmation of the purchase of a
passenger ticket for air transportation issued by the air
carrier.
``(2) Air ambulance operators.--An air ambulance operator
shall include the hotline telephone number established under
subsection (a) on any invoice, bill, or other communication
provided to a passenger or customer of the operator.''.
(b) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712(a) of title 49, United States
Code, is amended--
(1) by inserting ``air ambulance customer,'' after
``foreign air carrier,'' the first place it appears; and
(2) by adding at the end the following: ``In this
subsection, the term `air carrier' includes an air ambulance
operator and the term `air transportation' includes any
transportation provided by an air ambulance.''.
SEC. 414. PASSENGER RIGHTS.
(a) Guidelines.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
require each air carrier to submit for approval a 1-page
document that accurately describes the rights of passengers
in air transportation, including guidelines for the
following:
(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
(3) Compensation for mishandled baggage, including delayed,
damaged, pilfered, or lost baggage.
(4) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
(5) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
(b) Approval of Guidelines.--Not later than 90 days after
each air carrier submits its guidelines for approval to the
Secretary under subsection (a), the air carrier shall make
available such 1-page document on its website.
Subtitle B--Aviation Consumers With Disabilities
SEC. 441. SELECT SUBCOMMITTEE.
Section 411 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note), as amended by this Act, is
further amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Select Subcommittee for Aviation Consumers With
Disabilities.--
``(1) In general.--The Secretary shall establish a select
subcommittee of the advisory committee to advise the
Secretary and the advisory committee on issues related to the
air travel needs of passengers with disabilities.
``(2) Duties.--The select subcommittee shall--
``(A) identify the disability-related access barriers
encountered by passengers with disabilities;
``(B) determine the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers identified under subparagraph (A);
``(C) recommend consumer protection improvements related to
the air travel experience of passengers with disabilities;
``(D) advise the Secretary with regard to the
implementation of section 41705 of title 49, United States
Code; and
``(E) conduct such other activities as the Secretary
considers necessary to carry out this subsection.
``(3) Membership.--
``(A) Composition.--The select subcommittee shall be
composed of members appointed by the Secretary, including at
least 1 individual representing each of the following:
``(i) National disability organizations.
``(ii) Air carriers and foreign air carriers with flights
in air transportation.
``(iii) Airport operators.
``(iv) Contractor service providers.
``(B) Inclusion.--A member of the select subcommittee may
also be a member of the advisory committee.
``(4) Reports.--
``(A) In general.--Not later than 1 year after the date of
establishment of the select subcommittee, the select
subcommittee shall submit to the advisory committee and the
Secretary a report on the air travel needs of passengers with
disabilities that includes--
``(i) an assessment of existing disability-related access
barriers and any emerging disability-related access barriers
that will likely be an issue in the next 5 years;
``(ii) an evaluation of the extent to which the programs
and activities of the Department of Transportation are
eliminating disability-related access barriers;
``(iii) a description of consumer protection improvements
related to the air travel experience of passengers with
disabilities; and
``(iv) any recommendations for legislation, regulations, or
other actions that the select subcommittee considers
appropriate.
``(B) Report to congress.--Not later than 60 days after the
date on which the Secretary receives the report under
subparagraph (A), the Secretary shall submit to Congress a
copy of the report, including any additional findings or
recommendations that the Secretary considers appropriate.
``(5) Chairperson.--The Secretary shall designate, from
among the individuals appointed under paragraph (3), an
individual to serve as chairperson of the select
subcommittee.
``(6) Vacancies and travel expenses.--Subsections (c) and
(d) shall apply to the select subcommittee.
``(7) Termination.--The select subcommittee established
under this subsection shall terminate upon submission of the
report required under paragraph (4)(A).''.
SEC. 442. AVIATION CONSUMERS WITH DISABILITIES STUDY.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study that includes--
(1) a review of airport accessibility best practices for
individuals with disabilities, including best practices that
improve infrastructure facilities and communications
[[Page H3619]]
methods, including those related to wayfinding, amenities,
and passenger care;
(2) a review of air carrier and airport training policies
related to section 41705 of title 49, United States Code;
(3) a review of air carrier training policies related to
properly assisting passengers with disabilities; and
(4) a review of accessibility best practices that exceed
those recommended under Public Law 90-480 (popularly known as
the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et
seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Air Carrier Access Act of 1986 (Public Law 99-435;
100 Stat. 1080 et seq.), and the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Secretary of Transportation, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the study, including
findings and recommendations.
SEC. 443. FEASIBILITY STUDY ON IN-CABIN WHEELCHAIR RESTRAINT
SYSTEMS.
(a) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Architectural and Transportation
Barriers Compliance Board, aircraft manufacturers, and air
carriers, shall conduct a study to determine--
(1) the feasibility of in-cabin wheelchair restraint
systems; and
(2) if feasible, the ways in which individuals with
significant disabilities using wheelchairs, including power
wheelchairs, can be accommodated with in-cabin wheelchair
restraint systems.
(b) Report.--Not later than 1 year after the initiation of
the study under subsection (a), the Secretary of
Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study.
SEC. 444. ACCESS ADVISORY COMMITTEE RECOMMENDATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue a notice of proposed rulemaking addressing--
(1) accommodations for air travelers with disabilities with
respect to in-flight entertainment;
(2) accessible lavatories on single-aisle aircraft; and
(3) service animals.
(b) Rulemaking.--Not later than 1 year after the date on
which the notice of proposed rulemaking is issued, the
Secretary shall publish a final rule based on such notice.
Subtitle C--Small Community Air Service
SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742(a)(2) of title 49, United States Code, is
amended by striking ``$150,000,000 for fiscal year 2011'' and
all that follows before ``to carry out'' and inserting
``$153,000,000 for fiscal year 2018, $156,000,000 for fiscal
year 2019, $159,000,000 for fiscal year 2020, $162,000,000
for fiscal year 2021, $165,000,000 for fiscal year 2022, and
$168,000,000 for fiscal year 2023''.
SEC. 452. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE
ADJUSTMENT ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 453. STUDY ON ESSENTIAL AIR SERVICE REFORM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the effects of section 6 of
the Airport and Airway Extension Act of 2011, Part IV (Public
Law 112-27), section 421 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95), and other relevant Federal
laws enacted after 2010, including the amendments made by
those laws, on the Essential Air Service program.
(2) Scope.--In conducting the study under paragraph (1),
the Comptroller General shall analyze, at a minimum--
(A) the impact of each relevant Federal law, including the
amendments made by each law, on the Essential Air Service
program;
(B) what actions communities and air carriers have taken to
reduce ticket prices or increase enplanements as a result of
each law;
(C) the issuance of waivers by the Secretary under section
41731(e) of title 49, United States Code;
(D) whether budgetary savings resulted from each law; and
(E) options for further reform of the Essential Air Service
program.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study conducted under subsection (a).
SEC. 454. SMALL COMMUNITY AIR SERVICE.
(a) Eligibility.--Section 41743(c) of title 49, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Size.--On the date of submission of the relevant
application under subsection (b), the airport serving the
community or consortium--
``(A) is not larger than a small hub airport, as determined
using the Department of Transportation's most recently
published classification; and
``(B) has--
``(i) insufficient air carrier service; or
``(ii) unreasonably high air fares.'';
(2) in paragraph (4)--
(A) by striking ``once,'' and inserting ``once in a 10-year
period,''; and
(B) by inserting ``at any time'' after ``different
project''; and
(3) in paragraph (5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) the assistance will be used to help restore scheduled
passenger air service that has been terminated;''.
(b) Authorization of Appropriations.--Section 41743(e)(2)
of title 49, United States Code, is amended to read as
follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2018 through 2023 to carry out this section, of
which $4,800,000 per fiscal year shall be used to carry out
the pilot program established under subsection (i). Such sums
shall remain available until expended.''.
(c) Regional Air Transportation Pilot Program.--Section
41743 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Regional Air Transportation Pilot Program.--
``(1) Establishment.--The Secretary shall establish a
regional air transportation pilot program to provide
operating assistance to air carriers in order to provide air
service to communities not receiving sufficient air carrier
service.
``(2) Grants.--The Secretary shall provide grants under the
program to encourage and maintain air service at reasonable
airfares between communities that have experienced, as
determined by the Secretary, significant declines in air
service.
``(3) Application required.--In order to participate in the
program, a State, local government, economic development
authority, or other public entity shall submit to the
Secretary an application, in a manner that the Secretary
prescribes, that contains--
``(A) an identification of an air carrier that has provided
a written agreement to provide the air service in partnership
with the applicant;
``(B) assurances that the applicant will provide the non-
Federal share and that the non-Federal share is not derived
from airport revenue;
``(C) a proposed route structure serving not more than 8
communities; and
``(D) a timeline for commencing the air service to the
communities within the proposed route structure.
``(4) Criteria for participation.--The Secretary may
approve up to 3 applications each fiscal year, subject to the
availability of funds, if the Secretary determines that--
``(A) the proposal of the applicant can reasonably be
expected to encourage and improve levels of air service
between the relevant communities;
``(B) the applicant has adequate financial resources to
ensure the commitment to the communities;
``(C) the airports serving the communities are nonhub,
small hub, or medium hub airports, as determined using the
Department of Transportation's most recently published
classifications; and
``(D) the air carrier commits to serving the communities
for at least 2 years.
``(5) Priorities.--The Secretary shall prioritize
applications that--
``(A) would initiate new or reestablish air service in
communities where air fares are higher than the average air
fares for all communities;
``(B) are more likely to result in self-sustaining air
service at the end of the program;
``(C) request a Federal share lower than 50 percent; and
``(D) propose to use grant funds in a timely fashion.
``(6) Federal share.--The Federal share of the cost of
operating assistance provided under the program may not
exceed 50 percent.
``(7) Sunset.--This subsection shall cease to be effective
on October 1, 2023.''.
SEC. 455. AIR TRANSPORTATION TO NONELIGIBLE PLACES.
(a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49,
United States Code, is amended by striking ``Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century,''
and inserting ``FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190),''.
(b) Program Sunset.--Section 41736 of title 49, United
States Code, is amended by adding at the end the following:
``(h) Sunset.--
``(1) Proposals.--No proposal under subsection (a) may be
accepted by the Secretary after the date of enactment of this
subsection.
``(2) Program.--The Secretary may not provide any
compensation under this section after the date that is 2
years after the date of enactment of this subsection.''.
[[Page H3620]]
TITLE V--MISCELLANEOUS
SEC. 501. REVIEW OF FAA STRATEGIC CYBERSECURITY PLAN.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a review of the
comprehensive and strategic framework of principles and
policies (referred to in this section as the ``framework'')
developed pursuant to section 2111 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 44903 note).
(b) Contents.--In undertaking the review under subsection
(a), the Administrator shall--
(1) assess the degree to which the framework identifies and
addresses known cybersecurity risks associated with the
aviation system;
(2) review existing short- and long-term objectives for
addressing cybersecurity risks to the national airspace
system; and
(3) assess the Administration's level of engagement and
coordination with aviation stakeholders and other appropriate
agencies, organizations, or groups with which the
Administration consults to carry out the framework.
(c) Updates.--Upon completion of the review under
subsection (a), the Administrator shall modify the framework,
as appropriate, to address any deficiencies identified by the
review.
(d) Report to Congress.--Not later than 180 days after
initiating the review required by subsection (a), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the review, including a
description of any modifications made to the framework.
SEC. 502. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.
Section 804(a) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44501 note) is amended--
(1) in paragraph (2) by striking ``The purpose of the
report shall be--'' and all that follows through ``(B) to
reduce'' and inserting ``The purpose of the report shall be
to reduce''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Input.--The report shall be prepared by the
Administrator (or the Administrator's designee) with the
participation of--
``(A) representatives of labor organizations representing
air traffic control system employees of the FAA; and
``(B) industry stakeholders.''.
SEC. 503. FAA REVIEW AND REFORM.
(a) Agency Report.--Not later than 60 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed analysis of any
actions taken to address the findings and recommendations
included in the report required under section 812(d) of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 106
note), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so
that the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(b) Additional Review.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
undertake and complete a thorough review of each program,
office, and organization within the Administration to
identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(c) Actions To Streamline and Reform FAA.--Not later than
60 days after the date of completion of the review under
subsection (b), the Administrator shall undertake such
actions as may be necessary to address the findings of the
Administrator under such subsection.
(d) Report to Congress.--Not later than 120 days after the
date of completion of the review under subsection (b), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions taken by the Administrator
pursuant to subsection (c), including any recommendations for
legislative or administrative actions.
SEC. 504. AVIATION FUEL.
(a) Use of Unleaded Aviation Gasoline.--The Administrator
of the Federal Aviation Administration shall allow the use of
an unleaded aviation gasoline in an aircraft as a replacement
for a leaded gasoline if the Administrator--
(1) determines that an unleaded aviation gasoline qualifies
as a replacement for an approved leaded gasoline;
(2) identifies the aircraft and engines that are eligible
to use the qualified replacement unleaded gasoline; and
(3) adopts a process (other than the traditional means of
certification) to allow eligible aircraft and engines to
operate using qualified replacement unleaded gasoline in a
manner that ensures safety.
(b) Timing.--The Administrator shall adopt the process
described in subsection (a)(3) not later than 180 days after
the later of--
(1) the date of completion of the Piston Aviation Fuels
Initiative of the Administration; or
(2) the date of publication of an American Society for
Testing and Materials Production Specification for an
unleaded aviation gasoline.
(c) Sense of Congress.--It is the sense of Congress that
the Piston Aviation Fuels Initiative of the Administration
and the American Society for Testing and Materials should
work to find an appropriate unleaded aviation gasoline by
January 1, 2024.
SEC. 505. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL
SYSTEM.
Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration shall,
upon request of a private aircraft owner or operator, block
the registration number of the aircraft of the owner or
operator from any public dissemination or display, except in
data made available to a Government agency, for the
noncommercial flights of the owner or operator.
SEC. 506. AIR SHOWS.
On an annual basis, the Administrator of the Federal
Aviation Administration shall work with representatives of
Administration-approved air shows, the general aviation
community, and stadiums and other large outdoor events and
venues to identify and resolve, to the maximum extent
practicable, scheduling conflicts between Administration-
approved air shows and large outdoor events and venues
where--
(1) flight restrictions will be imposed pursuant to section
521 of title V of division F of Public Law 108-199 (118 Stat.
343); or
(2) any other restriction will be imposed pursuant to
Federal Aviation Administration Flight Data Center Notice to
Airmen 4/3621 (or any successor notice to airmen).
SEC. 507. PART 91 REVIEW, REFORM, AND STREAMLINING.
(a) Establishment of Task Force.--Not later than 90 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall establish a task
force comprised of representatives of the general aviation
industry who regularly perform part 91 operations, labor
unions (including those representing FAA aviation safety
inspectors and FAA aviation safety engineers), manufacturers,
and the Government to--
(1) conduct an assessment of the FAA oversight and
authorization processes and requirements for aircraft under
part 91; and
(2) make recommendations to streamline the applicable
authorization and approval processes, improve safety, and
reduce regulatory cost burdens and delays for the FAA and
aircraft owners and operators who operate pursuant to part
91.
(b) Contents.--In conducting the assessment and making
recommendations under subsection (a), the task force shall
consider--
(1) process reforms and improvements to allow the FAA to
review and approve applications in a fair and timely fashion;
(2) the appropriateness of requiring an authorization for
each experimental aircraft rather than using a broader all
makes and models approach;
(3) ways to improve the timely response to letters of
authorization applications for aircraft owners and operators
who operate pursuant to part 91, including setting deadlines
and granting temporary or automatic authorizations if
deadlines are missed by the FAA;
(4) methods for enhancing the effective use of delegation
systems;
(5) methods for training the FAA's field office employees
in risk-based and safety management system oversight; and
(6) such other matters related to streamlining part 91
authorization and approval processes as the task force
considers appropriate.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the task force's assessment.
(2) Contents.--The report shall include an explanation of
how the Administrator will--
(A) implement the recommendations of the task force;
(B) measure progress in implementing the recommendations;
and
(C) measure the effectiveness of the implemented
recommendations.
(d) Implementation of Recommendations.--Not later than 18
months after the date of enactment of this Act, the
Administrator shall implement the recommendations made under
this section.
(e) Definitions.--In this section, the following
definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Part 91.--The term ``part 91'' means part 91 of title
14, Code of Federal Regulations.
(f) Applicable Law.--Public Law 92-463 shall not apply to
the task force.
[[Page H3621]]
(g) Sunset.--The task force shall terminate on the day the
Administrator submits the report required under subsection
(c).
SEC. 508. AIRCRAFT REGISTRATION.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall initiate a rulemaking to increase the duration of
aircraft registrations for noncommercial general aviation
aircraft to 10 years.
SEC. 509. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
(a) Cooperative Efforts To Ensure Compliance With Safety
Regulations.--
(1) In general.--The Secretary of Transportation, in
coordination with appropriate Federal agencies, shall carry
out cooperative efforts to ensure that shippers who offer
lithium ion and lithium metal batteries for air transport to
or from the United States comply with U.S. Hazardous
Materials Regulations and ICAO Technical Instructions.
(2) Cooperative efforts.--The cooperative efforts the
Secretary shall carry out pursuant to paragraph (1) include
the following:
(A) Encouraging training programs at locations outside the
United States from which substantial cargo shipments of
lithium ion or lithium metal batteries originate for
manufacturers, freight forwarders, and other shippers and
potential shippers of lithium ion and lithium metal
batteries.
(B) Working with Federal, regional, and international
transportation agencies to ensure enforcement of U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions with respect to shippers who offer noncompliant
shipments of lithium ion and lithium metal batteries.
(C) Sharing information, as appropriate, with Federal,
regional, and international transportation agencies regarding
noncompliant shipments.
(D) Pursuing a joint effort with the international aviation
community to develop a process to obtain assurances that
appropriate enforcement actions are taken to reduce the
likelihood of noncompliant shipments, especially with respect
to jurisdictions in which enforcement activities historically
have been limited.
(E) Providing information in brochures and on the internet
in appropriate foreign languages and dialects that describes
the actions required to comply with U.S. Hazardous Materials
Regulations and ICAO Technical Instructions.
(F) Developing joint efforts with the international
aviation community to promote a better understanding of the
requirements of and methods of compliance with U.S. Hazardous
Materials Regulations and ICAO Technical Instructions.
(3) Reporting.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter for 2 years,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on compliance with the policy set forth in
subsection (e) and the cooperative efforts carried out, or
planned to be carried out, under this subsection.
(b) Lithium Battery Air Safety Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish, in
accordance with the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.), a lithium ion and lithium
metal battery air safety advisory committee (in this
subsection referred to as the ``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between manufacturers of
lithium ion and lithium metal cells and batteries,
manufacturers of products incorporating both large and small
lithium ion and lithium metal batteries, air carriers, and
the Federal Government regarding the safe air transportation
of lithium ion and lithium metal cells and batteries and the
effectiveness and economic and social impacts of the
regulation of such transportation;
(B) provide the Secretary, the Federal Aviation
Administration, and the Pipeline and Hazardous Materials
Safety Administration with timely information about new
lithium ion and lithium metal battery technology and
transportation safety practices and methodologies;
(C) provide a forum for the Secretary to provide
information on and to discuss the activities of the
Department of Transportation relating to lithium ion and
lithium metal battery transportation safety, the policies
underlying the activities, and positions to be advocated in
international forums;
(D) provide a forum for the Secretary to provide
information and receive advice on--
(i) activities carried out throughout the world to
communicate and enforce relevant United States regulations
and the ICAO Technical Instructions; and
(ii) the effectiveness of the activities;
(E) provide advice and recommendations to the Secretary
with respect to lithium ion and lithium metal battery air
transportation safety, including how best to implement
activities to increase awareness of relevant requirements and
their importance to travelers and shippers; and
(F) review methods to decrease the risk posed by air
shipment of undeclared hazardous materials and efforts to
educate those who prepare and offer hazardous materials for
shipment via air transport.
(3) Membership.--The Committee shall be composed of the
following members:
(A) Individuals appointed by the Secretary to represent--
(i) large volume manufacturers of lithium ion and lithium
metal cells and batteries;
(ii) domestic manufacturers of lithium ion and lithium
metal batteries or battery packs;
(iii) manufacturers of consumer products powered by lithium
ion and lithium metal batteries;
(iv) manufacturers of vehicles powered by lithium ion and
lithium metal batteries;
(v) marketers of products powered by lithium ion and
lithium metal batteries;
(vi) cargo air service providers based in the United
States;
(vii) passenger air service providers based in the United
States;
(viii) pilots and employees of air service providers
described in clauses (vi) and (vii);
(ix) shippers of lithium ion and lithium metal batteries
for air transportation;
(x) manufacturers of battery-powered medical devices or
batteries used in medical devices; and
(xi) employees of the Department of Transportation,
including employees of the Federal Aviation Administration
and the Pipeline and Hazardous Materials Safety
Administration.
(B) Representatives of such other Government departments
and agencies as the Secretary determines appropriate.
(C) Any other individuals the Secretary determines are
appropriate to comply with Federal law.
(4) Report.--
(A) In general.--Not later than 180 days after the
establishment of the Committee, the Committee shall submit to
the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report that--
(i) describes and evaluates the steps being taken in the
private sector and by international regulatory authorities to
implement and enforce requirements relating to the safe
transportation by air of bulk shipments of lithium ion cells
and batteries; and
(ii) identifies any areas of enforcement or regulatory
requirements for which there is consensus that greater
attention is needed.
(B) Independent statements.--Each member of the Committee
shall be provided an opportunity to submit an independent
statement of views with the report submitted pursuant to
subparagraph (A).
(5) Meetings.--
(A) In general.--The Committee shall meet at the direction
of the Secretary and at least twice a year.
(B) Preparation for icao meetings.--Notwithstanding
subparagraph (A), the Secretary shall convene a meeting of
the Committee in connection with and in advance of each
meeting of the International Civil Aviation Organization, or
any of its panels or working groups, addressing the safety of
air transportation of lithium ion and lithium metal batteries
to brief Committee members on positions to be taken by the
United States at such meeting and provide Committee members a
meaningful opportunity to comment.
(6) Termination.--The Committee shall terminate on the date
that is 6 years after the date on which the Committee is
established.
(7) Termination of future of aviation advisory committee.--
The Future of Aviation Advisory Committee shall terminate on
the date on which the lithium ion battery air safety advisory
committee is established.
(c) Medical Device Batteries.--
(1) Limited exceptions to restrictions on air
transportation of medical device batteries.--The Secretary
shall issue limited exceptions to the restrictions on
transportation of lithium ion and lithium metal batteries to
allow the shipment on a passenger aircraft of not more than 2
replacement batteries specifically used for a medical device
if--
(A) the intended destination of the batteries is not
serviced daily by cargo aircraft if a battery is required for
medically necessary care; and
(B) with regard to a shipper of lithium ion or lithium
metal batteries for medical devices that cannot comply with a
charge limitation in place at the time, each battery is--
(i) individually packed in an inner packaging that
completely encloses the battery;
(ii) placed in a rigid outer packaging; and
(iii) protected to prevent a short circuit.
(2) Medical device defined.--ln this subsection, the term
``medical device'' means an instrument, apparatus, implement,
machine, contrivance, implant, or in vitro reagent, including
any component, part, or accessory thereof, which is intended
for use in the diagnosis of disease or other conditions, or
in the cure, mitigation, treatment, or prevention of disease,
in a person.
(3) Savings clause.--Nothing in this subsection may be
construed as expanding or restricting any authority of the
Secretary under section 828 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44701 note).
(d) Packaging Improvements.--Not later than 180 days after
the date of enactment of this Act, the Secretary, in
consultation with interested stakeholders, shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an evaluation of
current practices for the packaging of
[[Page H3622]]
lithium ion batteries and cells for air transportation,
including recommendations, if any, to improve the packaging
of such batteries and cells for air transportation in a safe,
efficient, and cost-effective manner.
(e) Department of Transportation Policy on International
Representation.--It shall be the policy of the Department of
Transportation to support the participation of industry in
all panels and working groups of the Dangerous Goods Panel of
the International Civil Aviation Organization and any other
international test or standard setting organization that
considers proposals on the safety or transportation of
lithium ion and lithium metal batteries in which the United
States participates.
(f) Harmonization With ICAO Technical Instructions.--
Pursuant to section 828 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44701 note), not later than 30 days
after the date of enactment of this Act, the Secretary shall
conform United States regulations on the air transport of
lithium cells and batteries with the lithium cells and
batteries requirements in the 2015-2016 edition of the ICAO
Technical Instructions (including all addenda), including the
revised standards adopted by the International Civil Aviation
Organization that became effective on April 1, 2016.
(g) Definitions.--In this section, the following
definitions apply:
(1) ICAO technical instructions.--The term ``ICAO Technical
Instructions'' has the meaning given that term in section
828(c) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 44701 note).
(2) U.S. hazardous materials regulations.--The term ``U.S.
Hazardous Materials Regulations'' means the regulations in
parts 100 through 177 of title 49, Code of Federal
Regulations (including amendments adopted after the date of
enactment of this Act).
SEC. 510. REMOTE TOWER PILOT PROGRAM FOR RURAL AND SMALL
COMMUNITIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a pilot program under which, upon approval of an
application submitted by an operator of a public-use airport,
the Secretary shall install and operate at the airport a
remote air traffic control tower in order to assess the
operational benefits of remote air traffic control towers.
(b) Applications.--The operator of an airport seeking to
participate in the pilot program shall submit to the
Secretary for approval an application that is in such form
and contains such information as the Secretary may require.
(c) Selection Criteria.--
(1) Selection of airports.--From among the applications
submitted under subsection (b), the Secretary, after
consultation with representatives of labor organizations
representing operators and employees of the air traffic
control system, shall select for participation in the pilot
program 7 airports as follows:
(A) 1 nonhub, primary airport.
(B) 3 nonprimary airports without existing air traffic
control towers.
(C) 2 airports with air traffic control towers
participating in a program established under section 47124 of
title 49, United States Code.
(D) 1 airport selected at the discretion of the Secretary.
(2) Priority selection.--In selecting from among the
applications submitted under subsection (b), the Secretary
shall give priority to applicants that can best demonstrate
the capabilities and potential of remote air traffic control
towers, including applicants proposing to operate multiple
remote air traffic control towers from a single facility.
(3) Authority to reallocate airport selection.--If the
Secretary receives an insufficient number of applications,
the Secretary may reallocate the distribution of airport
sites described in paragraph (1).
(d) Safety Risk Management Panel.--
(1) Safety risk management panel meeting.--Prior to the
operational use of a remote air traffic control tower, the
Secretary shall convene a safety risk management panel for
the tower to address any safety issues with respect to the
tower.
(2) Safety risk management panel best practices.--The
safety risk management panels shall be created and utilized
in a manner similar to that of safety risk management panels
previously established for remote air traffic control towers,
taking into account--
(A) best practices that have been developed; and
(B) operational data from remote air traffic control towers
located in the United States.
(e) Airport Improvement Program.--The pilot program shall
be eligible for airport improvement funding under chapter 471
of title 49, United States Code.
(f) Possible Expansion of Program.--Not later than 30 days
after the date that the first remote air traffic control
tower is commissioned, the Administrator of the Federal
Aviation Administration shall establish a repeatable process
by which future certified remote air traffic control tower
systems may be commissioned at additional airports.
(g) Definitions.--
(1) In general.--In this section, the following definitions
apply:
(A) Air navigation facility.--The term ``air navigation
facility'' has the meaning given that term in section
40102(a) of title 49, United States Code.
(B) Remote air traffic control tower.--The term ``remote
air traffic control tower'' means a remotely operated air
navigation facility, including all necessary system
components, that provides the functions and capabilities of
an air traffic control tower.
(2) Applicability of other definitions.--The terms ``nonhub
airport'', ``primary airport'', and ``public-use airport''
have the meanings given such terms in section 47102 of title
49, United States Code.
(h) Sunset.--The pilot program shall terminate on the date
that is 3 years after the date of enactment of this Act.
SEC. 511. ENSURING FAA READINESS TO PROVIDE SEAMLESS OCEANIC
OPERATIONS.
Not later than September 30, 2018, the Secretary of
Transportation shall make a final investment decision for the
implementation of a reduced oceanic separation capability
that, by March 31, 2019, shall be operational and in use
providing capabilities at least equivalent to that offered in
neighboring airspace, and such service shall be provided in
the same manner as terrestrial surveillance is provided.
SEC. 512. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.
It is the sense of Congress that the aviation industry
should explore all opportunities, including pilot training,
science, technology, engineering, and mathematics education,
and mentorship programs, to encourage and support female
students and aviators to pursue a career in aviation.
SEC. 513. OBSTRUCTION EVALUATION AERONAUTICAL STUDIES.
The Secretary of Transportation may implement the policy
set forth in the notice of proposed policy titled ``Proposal
to Consider the Impact of One Engine Inoperative Procedures
in Obstruction Evaluation Aeronautical Studies'' published by
the Department of Transportation on April 28, 2014 (79 Fed.
Reg. 23300), only if the policy is adopted pursuant to a
notice and comment rulemaking and, for purposes of Executive
Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), is treated as a significant regulatory
action within the scope of section 3(f)(1) of such Order.
SEC. 514. AIRCRAFT LEASING.
Section 44112(b) of title 49, United States Code, is
amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 515. REPORT ON OBSOLETE TEST EQUIPMENT.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the National Test
Equipment Program of the Federal Aviation Administration (in
this section referred to as the ``Program'').
(b) Contents.--The report shall include--
(1) a list of all known outstanding requests for test
equipment, cataloged by type and location, under the Program;
(2) a description of the current method under the Program
of ensuring calibrated equipment is in place for utilization;
(3) a plan by the Administrator for appropriate inventory
of such equipment;
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment and all known and
foreseeable manufacturer technological advances; and
(5) a plan to replace, as appropriate, obsolete test
equipment throughout the service areas.
SEC. 516. PILOTS SHARING FLIGHT EXPENSES WITH PASSENGERS.
(a) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall make publicly available, in a
clear and concise format, advisory guidance that describes
how a pilot may share flight expenses with passengers in a
manner consistent with Federal law, including regulations.
(2) Examples included.--The guidance shall include examples
of--
(A) flights for which pilots and passengers may share
expenses;
(B) flights for which pilots and passengers may not share
expenses;
(C) the methods of communication that pilots and passengers
may use to arrange flights for which expenses are shared; and
(D) the methods of communication that pilots and passengers
may not use to arrange flights for which expenses are shared.
(b) Report.--
(1) In general.--Not later than 180 days after the date on
which guidance is made publicly available under subsection
(a), the Comptroller General of the United States shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
analyzing Federal policy with respect to pilots sharing
flight expenses with passengers.
(2) Evaluations included.--The report submitted under
paragraph (1) shall include an evaluation of--
(A) the rationale for such Federal policy;
(B) safety and other concerns related to pilots sharing
flight expenses with passengers; and
[[Page H3623]]
(C) benefits related to pilots sharing flight expenses with
passengers.
SEC. 517. AVIATION RULEMAKING COMMITTEE FOR PART 135 PILOT
REST AND DUTY RULES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene an aviation rulemaking
committee to review, and develop findings and recommendations
regarding, pilot rest and duty rules under part 135 of title
14, Code of Federal Regulations.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report based on the findings of the aviation
rulemaking committee; and
(2) not later than 1 year after the date of submission of
the report under paragraph (1), issue a notice of proposed
rulemaking based on any consensus recommendations reached by
the aviation rulemaking committee.
(c) Composition.--The aviation rulemaking committee shall
consist of members appointed by the Administrator,
including--
(1) representatives of industry;
(2) representatives of aviation labor organizations,
including collective bargaining units representing pilots who
are covered by part 135 of title 14, Code of Federal
Regulations, and subpart K of part 91 of such title; and
(3) aviation safety experts with specific knowledge of
flight crewmember education and training requirements under
part 135 of such title.
(d) Considerations.--The Administrator shall direct the
aviation rulemaking committee to consider--
(1) recommendations of prior part 135 rulemaking
committees;
(2) accommodations necessary for small businesses;
(3) scientific data derived from aviation-related fatigue
and sleep research;
(4) data gathered from aviation safety reporting programs;
(5) the need to accommodate the diversity of operations
conducted under part 135; and
(6) other items, as appropriate.
SEC. 518. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.
(a) Findings.--Congress finds that--
(1) the Metropolitan Washington Airports Authority (in this
section referred to as ``MWAA''), which operates Ronald
Reagan Washington National Airport and Dulles International
Airport by lease with the Department of Transportation, has
routinely performed poorly on audits conducted by the
Inspector General of the Department of Transportation;
(2) the responsible stewardship of taxpayer-owned assets by
MWAA is of great concern to Congress;
(3) a March 20, 2015, audit conducted by the Inspector
General titled ``MWAA's Office of Audit Does Not Have an
Adequate Quality Assurance and Improvement Program'' (Report
No. ZA-2015-035) found that MWAA's quality assurance and
improvement program did not conform with the standards of the
Institute of Internal Auditors; and
(4) the Inspector General's audit made 7 recommendations to
strengthen MWAA governance, its Office of Audit, and its
quality assurance and improvement program.
(b) Implementing Audit Recommendations.--
(1) Study.--The Inspector General of the Department of
Transportation shall conduct a study on MWAA's progress in
implementing the recommendations of the audit referred to in
subsection (a).
(2) Report.--The Inspector General shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the study,
including the Inspector General's findings, conclusions, and
recommendations for strengthening and improving MWAA's Office
of Audit.
SEC. 519. TERMINAL AERODROME FORECAST.
(a) In General.--The Administrator of the Federal Aviation
Administration shall permit a covered air carrier to operate
to or from a location in a noncontiguous State without a
Terminal Aerodrome Forecast or Meteorological Aerodrome
Report if--
(1) such location is determined to be under visual
meteorological conditions;
(2) a current Area Forecast, supplemented by other local
weather observations or reports, is available; and
(3) an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified.
(b) Procedures.--A covered air carrier shall--
(1) have approved procedures for dispatch or release and
enroute weather evaluation; and
(2) operate under instrument flight rules enroute to the
destination.
(c) Covered Air Carrier Defined.--In this section, the term
``covered air carrier'' means an air carrier operating in a
noncontiguous State under part 121 of title 14, Code of
Federal Regulations.
SEC. 520. FEDERAL AVIATION ADMINISTRATION EMPLOYEES STATIONED
ON GUAM.
It is the sense of Congress that--
(1) the Administrator of the Federal Aviation
Administration and the Secretary of Defense should seek an
agreement that would enable Federal Aviation Administration
employees stationed on Guam to have access to Department of
Defense hospitals, commissaries, and exchanges on Guam;
(2) access to these facilities is important to ensure the
health and well-being of Federal Aviation Administration
employees and their families; and
(3) in exchange for this access, the Federal Aviation
Administration should make payments to cover the applicable
administrative costs incurred by the Department of Defense in
carrying out the agreement.
SEC. 521. TECHNICAL CORRECTIONS.
(a) Airport Capacity Enhancement Projects at Congested
Airports.--Section 40104(c) of title 49, United States Code,
is amended by striking ``section 47176'' and inserting
``section 47175''.
(b) Passenger Facility Charges.--Section 40117(a)(5) of
title 49, United States Code, is amended by striking ``charge
or charge'' and inserting ``charge''.
(c) Overflights of National Parks.--Section 40128(a)(3) of
title 49, United States Code, is amended by striking ``under
part 91 of the title 14,'' and inserting ``under part 91 of
title 14,''.
(d) Plans To Address Needs of Families of Passengers
Involved in Foreign Air Carrier Accidents.--Section
41313(c)(16) of title 49, United States Code, is amended by
striking ``An assurance that the foreign air carrier'' and
inserting ``An assurance that''.
(e) Operations of Carriers.--The analysis for chapter 417
of title 49, United States Code, is amended by striking the
item relating to section 41718 and inserting the following:
``41718. Special rules for Ronald Reagan Washington National
Airport.''.
(f) Schedules for Certain Transportation of Mail.--Section
41902(a) of title 49, United States Code, is amended by
striking ``section 41906'' and inserting ``section 41905''.
(g) Weighing Mail.--Section 41907 of title 49, United
States Code, is amended by striking ``and -administrative''
and inserting ``and administrative''.
(h) Structures Interfering With Air Commerce or National
Security.--Section 44718(b)(1) of title 49, United States
Code, is amended--
(1) in the matter preceding subparagraph (A) by striking
``air navigation facilities and equipment'' and inserting
``air or space navigation facilities and equipment''; and
(2) in subparagraph (A)--
(A) in clause (v) by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the impact on launch and reentry for launch and
reentry vehicles arriving or departing from a launch site or
reentry site licensed by the Secretary of Transportation;
and''.
(i) Fees Involving Aircraft Not Providing Air
Transportation.--Section 45302 of title 49, United States
Code, is amended by striking ``44703(f)(2)'' each place it
appears and inserting ``44703(g)(2)''.
(j) Chapter 465.--The analysis for chapter 465 of title 49,
United States Code, is amended by striking the following:
``46503. Repealed.''.
(k) Solicitation and Consideration of Comments.--Section
47171(l) of title 49, United States Code, is amended by
striking ``4371'' and inserting ``4321''.
(l) Adjustments to Compensation for Significantly Increased
Costs.--Section 426 of the FAA Modernization and Reform Act
of 2012 is amended--
(1) in subsection (a) (49 U.S.C. 41737 note) by striking
``Secretary'' and inserting ``Secretary of Transportation'';
and
(2) in subsection (c) (49 U.S.C. 41731 note) by striking
``the Secretary may waive'' and inserting ``the Secretary of
Transportation may waive''.
(m) Aircraft Departure Queue Management Pilot Program.--
Section 507(a) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44505 note) is amended by striking ``section
48101(a)'' and inserting ``section 48101(a) of title 49,
United States Code,''.
SEC. 522. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL
AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(g)(2)(B) of title 49, United States Code, is
amended--
(1) by inserting ``3304(f),'' before ``3308-3320''; and
(2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before
``relating''.
SEC. 523. PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING FLIGHT TIMES.
The Administrator of the Federal Aviation Administration
shall issue regulations modifying section 61.51(j)(4) of
title 14, Code of Federal Regulations, so as to include
aircraft under the direct operational control of forestry and
fire protection agencies as public aircraft eligible for
logging flight times.
SEC. 524. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a review to assess the workforce and
training needs of the Federal Aviation Administration (in
this section referred to as the ``FAA'') in the anticipated
budgetary environment.
(b) Contents.--In conducting the review, the Comptroller
General shall--
(1) identify the long-term workforce and training needs of
the FAA workforce;
[[Page H3624]]
(2) assess the impact of automation, digitalization, and
artificial intelligence on the FAA workforce;
(3) analyze the skills and qualifications required of the
FAA workforce for successful performance in the current and
future projected aviation environment;
(4) review current performance incentive policies of the
FAA, including awards for performance;
(5) analyze ways in which the FAA can work with industry
and labor, including labor groups representing the FAA
workforce, to establish knowledge-sharing opportunities
between the FAA and the aviation industry regarding new
equipment and systems, best practices, and other areas of
interest; and
(6) develop recommendations on the most effective
qualifications, training programs (including e-learning
training), and performance incentive approaches to address
the needs of the future projected aviation regulatory system
in the anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review.
SEC. 525. STATE TAXATION.
Section 40116(d)(2)(A) of title 49, United States Code, is
amended by adding at the end the following:
``(v) except as otherwise provided under section 47133,
levy or collect a tax, fee, or charge, first taking effect
after the date of enactment of this clause, upon any business
located at a commercial service airport or operating as a
permittee of such an airport that is not generally imposed on
sales or services by that State, political subdivision, or
authority unless wholly utilized for airport or aeronautical
purposes.''.
SEC. 526. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.
(a) Findings.--Congress finds that--
(1) in 2016, United States air carriers carried a record
high number of passengers on domestic flights, 719 million
passengers;
(2) the United States aerospace and defense industry
employed 1.7 million workers in 2015, or roughly 2 percent of
the Nation's total employment base;
(3) the average salary of an employee in the aerospace and
defense industry is 44 percent above the national average;
(4) in 2015, the aerospace and defense industry contributed
nearly $202.4 billion in value added to the United States
economy;
(5) an effective aviation industry relies on individuals
with unique skill sets, many of which can be directly
obtained through career and technical education
opportunities; and
(6) industry and the Federal Government have taken some
actions to attract qualified individuals to careers in
aviation and aerospace and to retain qualified individuals in
such careers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) public and private education institutions should make
available to students and parents information on approved
programs of study and career pathways, including career
exploration, work-based learning opportunities, dual and
concurrent enrollment opportunities, and guidance and
advisement resources;
(2) public and private education institutions should
partner with aviation and aerospace companies to promote
career paths available within the industry and share
information on the unique benefits and opportunities the
career paths offer;
(3) aviation companies, including air carriers,
manufacturers, commercial space companies, unmanned aircraft
system companies, and repair stations, should create
opportunities, through apprenticeships or other mechanisms,
to attract young people to aviation and aerospace careers and
to enable individuals to gain the critical skills needed to
thrive in such professions; and
(4) the Federal Government should consider the needs of men
and women interested in pursuing careers in the aviation and
aerospace industry, the long-term personnel needs of the
aviation and aerospace industry, and the role of aviation in
the United States economy in the creation and administration
of educational and financial aid programs.
SEC. 527. FUTURE AVIATION AND AEROSPACE WORKFORCE STUDY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study--
(1) to identify the factors influencing the supply of
individuals pursuing a career in the aviation or aerospace
industry; and
(2) to identify best practices or programs to incentivize,
recruit, and retain young people in aviation and aerospace
professions.
(b) Consultation.--The Comptroller General shall conduct
the study in consultation with--
(1) appropriate Federal agencies; and
(2) the aviation and aerospace industry, institutions of
higher education, and labor stakeholders.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study and related recommendations.
SEC. 528. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall exercise leadership in the creation of
Federal and international policies, regulations, and
standards relating to the certification and safe and
efficient operation of civil supersonic aircraft.
(b) Exercise of Leadership.--In carrying out subsection
(a), the Administrator shall--
(1) consider the needs of the aerospace industry and other
stakeholders when creating policies, regulations, and
standards that enable the safe commercial deployment of civil
supersonic aircraft technology and the safe and efficient
operation of civil supersonic aircraft; and
(2) obtain the input of aerospace industry stakeholders
regarding--
(A) the appropriate regulatory framework and timeline for
permitting the safe and efficient operation of civil
supersonic aircraft within United States airspace, including
updating or modifying existing regulations on such operation;
(B) issues related to standards and regulations for the
type certification and safe operation of civil supersonic
aircraft, including noise certification, including--
(i) the operational differences between subsonic aircraft
and supersonic aircraft;
(ii) costs and benefits associated with landing and takeoff
noise requirements for civil supersonic aircraft, including
impacts on aircraft emissions;
(iii) public and economic benefits of the operation of
civil supersonic aircraft and associated aerospace industry
activity; and
(iv) challenges relating to ensuring that standards and
regulations aimed at relieving and protecting the public
health and welfare from aircraft noise and sonic booms are
economically reasonable, technologically practicable, and
appropriate for civil supersonic aircraft; and
(C) other issues identified by the Administrator or the
aerospace industry that must be addressed to enable the safe
commercial deployment and safe and efficient operation of
civil supersonic aircraft.
(c) International Leadership.--The Administrator, in the
appropriate international forums, shall take actions that--
(1) demonstrate global leadership under subsection (a);
(2) address the needs of the aerospace industry identified
under subsection (b); and
(3) protect the public health and welfare.
(d) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
detailing--
(1) the Administrator's actions to exercise leadership in
the creation of Federal and international policies,
regulations, and standards relating to the certification and
safe and efficient operation of civil supersonic aircraft;
(2) planned, proposed, and anticipated actions to update or
modify existing policies and regulations related to civil
supersonic aircraft, including those identified as a result
of industry consultation and feedback; and
(3) a timeline for any actions to be taken to update or
modify existing policies and regulations related to civil
supersonic aircraft.
SEC. 529. OKLAHOMA REGISTRY OFFICE.
The Administrator of the Federal Aviation Administration
shall consider the aircraft registry office in Oklahoma City,
Oklahoma, as excepted during a Government shutdown or
emergency (as it provides excepted services) to ensure that
it remains open during any Government shutdown or emergency.
SEC. 530. FOREIGN AIR TRANSPORTATION UNDER UNITED STATES-
EUROPEAN UNION AIR TRANSPORT AGREEMENT.
(a) Certain Foreign Air Transportation Permits.--The
Secretary of Transportation may not issue a permit under
section 41302 of title 49, United States Code, or an
exemption under section 40109 of such title, authorizing a
person to provide foreign air transportation as a foreign air
carrier under the United States-European Union Air Transport
Agreement of April 2007 (as amended) in a proceeding in which
the applicability of Article 17 bis of such Agreement has
been raised by an interested person, unless the Secretary--
(1) finds that issuing the permit or exemption would be
consistent with the intent set forth in Article 17 bis of the
Agreement, that opportunities created by the Agreement do not
undermine labor standards or the labor-related rights and
principles contained in the laws of the respective parties to
the Agreement; and
(2) imposes on the permit or exemption such conditions as
may be necessary to ensure that the person complies with the
intent of Article 17 bis.
(b) Public Interest Test.--Section 41302(2) of title 49,
United States Code, is amended--
(1) in subparagraph (A) by striking ``under an agreement
with the United States Government; or'' and inserting ``;
and''; and
(2) in subparagraph (B) by striking ``the foreign air
transportation'' and inserting ``after considering the
totality of the circumstances, including the factors set
forth
[[Page H3625]]
in section 40101(a), the foreign air transportation''.
(c) Public Interest Requirements.--
(1) Policy.--Section 40101(a) of title 49, United States
Code, is amended by adding at the end the following:
``(17) preventing entry into United States markets by flag
of convenience carriers.''.
(2) International air transportation.--Section 40101(e)(9)
of title 49, United States Code, is amended--
(A) in subparagraph (D) by striking ``and'' at the end;
(B) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) erosion of labor standards associated with flag of
convenience carriers.''.
(3) Flag of convenience carrier defined.--Section 40102(a)
of title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``(48) `flag of convenience carrier' means a foreign air
carrier that is established in a country other than the home
country of its majority owner or owners in order to avoid
regulations of the home country.''.
SEC. 531. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.
(a) In General.--Chapter 447 of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 44737. Training on human trafficking for certain staff
``In addition to other training requirements, each air
carrier shall provide training--
``(1) to ticket counter agents, gate agents, and other air
carrier workers whose jobs require regular interaction with
passengers; and
``(2) on recognizing and responding to potential human
trafficking victims.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``44737. Training on human trafficking for certain staff.''.
SEC. 532. PART 107 IMPLEMENTATION IMPROVEMENTS.
(a) In General.--Not later than 30 days after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall publish a direct final rule--
(1) revising section 107.205 of title 14, Code of Federal
Regulations, by striking the second sentence of subsections
(a) and (c); and
(2) revising section 107.25 of such title by striking ``and
is not transporting another person's property for
compensation or hire''.
(b) Determination of Waiver.--In determining whether to
grant a waiver under part 107 of title 14, Code of Federal
Regulations, to authorize transportation of another's
property for compensation or hire beyond the visual line of
sight of the remote pilot, from a moving vehicle, or over
people, the Administrator shall consider the technological
capabilities of the unmanned aircraft system, the
qualifications of the remote pilot, and the operational
environment.
SEC. 533. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.
(a) Transparency.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish on the Federal Aviation
Administration website a representative sample of the safety
justifications, offered by applicants for small unmanned
aircraft system waivers and airspace authorizations, that
have been approved by the Administration for each regulation
waived or class of airspace authorized, except that any
published justification shall not reveal proprietary or
commercially sensitive information.
(b) Technology Improvements.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
revise the online waiver and certificates of authorization
processes--
(1) to provide real time confirmation that an application
filed online has been received by the Administration; and
(2) to provide an applicant with an opportunity to review
the status of the applicant's application.
SEC. 534. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine to a user of the device in the form of a vapor that
is inhaled to simulate the experience of smoking.''.
SEC. 535. CONSUMER PROTECTION REQUIREMENTS RELATING TO LARGE
TICKET AGENTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final rule to require large ticket agents to adopt
minimum customer service standards.
(b) Purpose.--The purpose of the final rule shall be to
ensure that, to the maximum extent practicable, there is a
consistent level of consumer protection regardless of where
consumers purchase air fares and related air transportation
services.
(c) Standards.--In issuing the final rule, the Secretary
shall consider, at a minimum, establishing standards for--
(1) providing prompt refunds when ticket refunds are due,
including fees for optional services that consumers purchased
but were not able to use due to a flight cancellation or
oversale situation;
(2) providing an option to hold a reservation at the quoted
fare without payment, or to cancel without penalty, for 24
hours;
(3) disclosing cancellation policies, seating
configurations, and lavatory availability with respect to
flights;
(4) notifying customers in a timely manner of itinerary
changes; and
(5) responding promptly to customer complaints.
(d) Definitions.--In this section, the following shall
apply:
(1) Ticket agent.--
(A) In general.--Subject to subparagraph (B), the term
``ticket agent'' has the meaning given that term in section
40102(a) of title 49, United States Code.
(B) Inclusion.--The term ``ticket agent'' includes a person
who acts as an intermediary involved in the sale of air
transportation directly or indirectly to consumers, including
by operating an electronic airline information system, if the
person--
(i) holds the person out as a source of information about,
or reservations for, the air transportation industry; and
(ii) receives compensation in any way related to the sale
of air transportation.
(2) Large ticket agent.--The term ``large ticket agent''
means a ticket agent with annual revenues of $100,000,000 or
more.
SEC. 536. FAA DATA TRANSPARENCY.
Section 45303 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Data Transparency.--
``(1) Air traffic services initial data report.--
``(A) Initial report.--Not later than 6 months after the
date of enactment of the FAA Reauthorization Act of 2018, the
Administrator and the Chief Operating Officer of the Air
Traffic Organization shall, based upon the most recently
available full fiscal year data, complete the following
calculations for each segment of air traffic services users:
``(i) The total costs allocable to the use of air traffic
services for that segment during such fiscal year.
``(ii) The total revenues received from that segment during
such fiscal year.
``(B) Validation of model.--
``(i) Review and determination.--Not later than 3 months
after completion of the initial report required under
subparagraph (A), the Inspector General of the Department of
Transportation shall review and determine the validity of the
model used by the Administrator and the Chief Operating
Officer to complete the calculations required under
subparagraph (A).
``(ii) Validation process.--In the event that the Inspector
General determines that the model used by the Administrator
and the Chief Operating Officer to complete the calculations
required by subparagraph (A) is not valid--
``(I) the Inspector General shall provide the Administrator
and Chief Operating Officer recommendations on how to revise
the model;
``(II) the Administrator and the Chief Operating Officer
shall complete the calculations required by subparagraph (A)
utilizing the revised model and resubmit the revised initial
report required under subparagraph (A) to the Inspector
General; and
``(III) not later than 3 months after completion of the
revised initial report required under subparagraph (A), the
Inspector General shall review and determine the validity of
the revised model used by the Administrator and the Chief
Operating Officer to complete the calculations required by
subparagraph (A).
``(iii) Access to data.--The Administrator and the Chief
Operating Officer shall provide the Inspector General of the
Department of Transportation with unfettered access to all
data produced by the cost accounting system operated and
maintained pursuant to subsection (e).
``(C) Report to congress.--Not later than 60 days after
completion of the review and receiving a determination that
the model used is valid under subparagraph (B), the
Administrator and the Chief Operating Officer shall submit to
the Committee on Transportation and Infrastructure, the
Committee on Appropriations, and the Committee on Ways and
Means of the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the Senate a
report describing the results of the calculations completed
under subparagraph (A).
``(D) Publication.--Not later than 60 days after submission
of the report required under subparagraph (C), the
Administrator and Chief Operating Officer shall publish the
initial report, including any revision thereto if required as
a result of the validation process for the model.
``(2) Air traffic services biennial data reporting.--
[[Page H3626]]
``(A) Biennial data reporting.--Not later than March 31,
2019, and biennially thereafter for 8 years, the
Administrator and the Chief Operating Officer shall, using
the validated model, complete the following calculations for
each segment of air traffic services users for the most
recent full fiscal year:
``(i) The total costs allocable to the use of the air
traffic services for that segment.
``(ii) The total revenues received from that segment.
``(B) Report to congress.--Not later than 15 days after
completing the calculations under subparagraph (A), the
Administrator and the Chief Operating Officer shall complete
and submit to the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the
Committee on Ways and Means of the House of Representatives,
and the Committee on Commerce, Science, and Transportation,
the Committee on Appropriations, and the Committee on Finance
of the Senate a report containing the results of such
calculations.
``(C) Publication.--Not later than 60 days after completing
the calculations pursuant to subparagraph (A), the
Administrator and the Chief Operating Officer shall publish
the results of such calculations.
``(3) Segments of air traffic services users.--
``(A) In general.--For purposes of this subsection, each of
the following shall constitute a separate segment of air
traffic services users:
``(i) Passenger air carriers conducting operations under
part 121 of title 14, Code of Federal Regulations.
``(ii) All-cargo air carriers conducting operations under
part 121 of such title.
``(iii) Operators covered by part 125 of such title.
``(iv) Air carriers and operators of piston-engine aircraft
operating under part 135 of such title.
``(v) Air carriers and operators of turbine-engine aircraft
operating under part 135 of such title.
``(vi) Foreign air carriers providing passenger air
transportation.
``(vii) Foreign air carriers providing all-cargo air
transportation.
``(viii) Operators of turbine-engine aircraft operating
under part 91 of such title, excluding those operating under
subpart (K) of such part.
``(ix) Operators of piston-engine aircraft operating under
part 91 of such title, excluding those operating under
subpart (K) of such part.
``(x) Operators covered by subpart (K) of part 91 of such
title.
``(xi) Operators covered by part 133 of such title.
``(xii) Operators covered by part 136 of such title.
``(xiii) Operators covered by part 137 of such title.
``(xiv) Operators of public aircraft that qualify under
section 40125.
``(xv) Operators of aircraft that neither take off from,
nor land in, the United States.
``(B) Additional segments.--The Secretary may identify and
include additional segments of air traffic users under
paragraph (A) as revenue and air traffic services cost data
becomes available for that additional segment of air traffic
services users.
``(4) Definitions.--For purposes of this subsection:
``(A) Air traffic services.--The term `air traffic
services' means services--
``(i) used for the monitoring, directing, control, and
guidance of aircraft or flows of aircraft and for the safe
conduct of flight, including communications, navigation, and
surveillance services and provision of aeronautical
information; and
``(ii) provided directly, or contracted for, by the Federal
Aviation Administration.
``(B) Air traffic services user.--The term `air traffic
services user' means any individual or entity using air
traffic services provided directly, or contracted for, by the
Federal Aviation Administration within United States airspace
or international airspace delegated to the United States.''.
SEC. 537. AGENCY PROCUREMENT REPORTING REQUIREMENTS.
Section 40110(d) of title 49, United States Code, is
amended by adding at the end the following:
``(5) Annual report on the purchase of foreign manufactured
articles.--
``(A) Report.--Not later than 90 days after the end of the
fiscal year, the Secretary of Transportation shall submit a
report to Congress on the dollar amount of the acquisitions
made by the agency from entities that manufacture the
articles, materials, or supplies outside of the United States
in such fiscal year.
``(B) Contents.--The report required by subparagraph (A)
shall separately indicate--
``(i) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of the
United States; and
``(ii) a summary of the total procurement funds spent on
goods manufactured in the United States versus funds spent on
goods manufactured outside of the United States.
``(C) Availability of report.--The Secretary shall make the
report under subparagraph (A) publicly available on the
agency's website not later than 30 days after submission to
Congress.''.
SEC. 538. ZERO-EMISSION VEHICLES AND TECHNOLOGY.
(a) Passenger Facility Charge Eligibility.--Section
40117(a)(3) of title 49, United States Code, is amended by
adding at the end the following:
``(H) A project for--
``(i) converting or retrofitting vehicles and ground
support equipment into eligible zero-emission vehicles and
equipment (as defined in section 47102); or
``(ii) acquiring, by purchase or lease, eligible zero-
emission vehicles and equipment (as defined in section
47102).''.
(b) Airport Improvement Program Eligibility.--
(1) Airport development defined.--Section 47102(3) of title
49, United States Code, as amended by this Act, is further
amended by adding at the end the following:
``(P) converting or retrofitting vehicles and ground
support equipment into eligible zero-emission vehicles and
equipment or acquiring, by purchase or lease, eligible zero-
emission vehicles and equipment.
``(Q) constructing or modifying airport facilities to
install a microgrid in order to provide increased resilience
to severe weather, terrorism, and other causes of grid
failures.''.
(2) Additional definitions.--Section 47102 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following:
``(30) `eligible zero-emission vehicle and equipment' means
a zero-emission vehicle, equipment related to such a vehicle,
and ground support equipment that includes zero-emission
technology that is--
``(A) used exclusively at a commercial service airport; or
``(B) used exclusively to transport people or materials to
and from a commercial service airport.
``(31) `microgrid' means a localized grouping of
electricity sources and loads that normally operates
connected to and synchronous with the traditional centralized
electrical grid, but can disconnect and function autonomously
as physical or economic conditions dictate.
``(32) `zero-emission vehicle' means a zero-emission
vehicle as defined in section 88.102-94 of title 40, Code of
Federal Regulations, or a vehicle that produces zero exhaust
emissions of any criteria pollutant (or precursor pollutant)
under any possible operational modes and conditions.''.
(3) Special apportionment categories.--Section
47117(e)(1)(A) of title 49, United States Code, is amended by
inserting ``for airport development described in section
47102(3)(P),'' after ``under section 47141,''.
(c) Zero-Emission Program.--Chapter 471 of title 49, United
States Code, is amended--
(1) by striking section 47136;
(2) by redesignating section 47136a as section 47136; and
(3) in section 47136, as so redesignated, by striking
subsections (a) and (b) and inserting the following:
``(a) In General.--The Secretary of Transportation may
establish a pilot program under which the sponsors of not
less than 10 public-use airports may use funds made available
under this chapter or section 48103 for use at such airports
to carry out--
``(1) activities associated with the acquisition, by
purchase or lease, and operation of zero-emission vehicles,
including removable power sources for such vehicles; and
``(2) the construction or modification of infrastructure to
facilitate the delivery of fuel and services necessary for
the use of such vehicles.
``(b) Eligibility.--A public-use airport is eligible for
participation in the program if the vehicles or ground
support equipment are--
``(1) used exclusively at the airport; or
``(2) used exclusively to transport people or materials to
and from the airport.'';
(4) in section 47136, as so redesignated, by striking
subsections (d) and (e) and inserting the following:
``(d) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be the Federal
share specified in section 47109.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport may
use not more than 10 percent of the amounts made available to
the sponsor under the program in any fiscal year for--
``(A) technical assistance; and
``(B) project management support to assist the airport with
the solicitation, acquisition, and deployment of zero-
emission vehicles, related equipment, and supporting
infrastructure.
``(2) Providers of technical assistance.--To receive the
technical assistance or project management support described
in paragraph (1), participants in the program may use--
``(A) a nonprofit organization selected by the Secretary;
or
``(B) a university transportation center receiving grants
under section 5505 in the region of the airport.'';
(5) in section 47136, as so redesignated, in subsection (f)
by striking ``section 47136'' and inserting ``the inherently
low emission airport vehicle pilot program''; and
(6) in section 47136, as so redesignated, by adding at the
end the following:
``(g) Allowable Project Cost.--The allowable project cost
for the acquisition of a zero-emission vehicle shall be the
total cost of purchasing or leasing the vehicle, including
the cost of technical assistance or project management
support described in subsection (e).
``(h) Flexible Procurement.--A sponsor of a public-use
airport may use funds made available under the program to
acquire, by
[[Page H3627]]
purchase or lease, a zero-emission vehicle and a removable
power source in separate transactions, including transactions
by which the airport purchases the vehicle and leases the
removable power source.
``(i) Testing Required.--A sponsor of a public-use airport
may not use funds made available under the program to acquire
a zero-emission vehicle unless that make, model, or type of
vehicle has been tested by a Federal vehicle testing facility
acceptable to the Secretary.
``(j) Removable Power Source Defined.--In this section, the
term `removable power source' means a power source that is
separately installed in, and removable from, a zero-emission
vehicle and may include a battery, a fuel cell, an ultra-
capacitor, or other advanced power source used in a zero-
emission vehicle.''.
(d) Clerical Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking the
items relating to sections 47136 and 47136a and inserting the
following:
``47136. Zero-emission airport vehicles and infrastructure.''.
SEC. 539. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each air carrier operating under part
121 of title 14, Code of Federal Regulations (in this section
referred to as a ``part 121 air carrier''), shall submit to
the Administrator of the Federal Aviation Administration for
review and acceptance an Employee Assault Prevention and
Response Plan related to the customer service agents of the
air carrier and that is developed in consultation with the
labor union representing such agents.
(b) Contents of Plan.--An Employee Assault Prevention and
Response Plan submitted under subsection (a) shall include
the following:
(1) Reporting protocols for air carrier customer service
agents who have been the victim of a verbal or physical
assault.
(2) Protocols for the immediate notification of law
enforcement after an incident of verbal or physical assault
committed against an air carrier customer service agent.
(3) Protocols for informing Federal law enforcement with
respect to violations of section 46503 of title 49, United
States Code.
(4) Protocols for ensuring that a passenger involved in a
violent incident with a customer service agent of an air
carrier is not allowed to move through airport security or
board an aircraft until appropriate law enforcement has had
an opportunity to assess the incident and take appropriate
action.
(5) Protocols for air carriers to inform passengers of
Federal laws protecting Federal, airport, and air carrier
employees who have security duties within an airport.
(c) Employee Training.--A part 121 air carrier shall
conduct initial and recurrent training for all employees,
including management, of the air carrier with respect to the
plan required under subsection (a), which shall include
training on de-escalating hostile situations, written
protocols on dealing with hostile situations, and the
reporting of relevant incidents.
SEC. 540. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER
EMPLOYEES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a study on the training received by customer-facing
employees of air carriers.
(b) Contents.--The study shall include--
(1) an analysis of the training received by customer-facing
employees with respect to the management of disputes on
aircraft; and
(2) an examination of how institutions of higher learning,
in coordination with air carriers, customer-facing employees
and their representatives, consumer advocacy organizations,
and other stakeholders, could--
(A) review such training and related practices;
(B) produce recommendations; and
(C) if determined appropriate, provide supplemental
training.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
SEC. 541. MINIMUM DIMENSIONS FOR PASSENGER SEATS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and after providing notice and an
opportunity for comment, the Administrator of the Federal
Aviation Administration shall issue regulations that
establish minimum dimensions for passenger seats on aircraft
operated by air carriers in interstate air transportation or
intrastate air transportation, including minimums for seat
pitch, width, and length, and that are necessary for the
safety and health of passengers.
(b) Definitions.--The definitions contained in section
40102(a) of title 49, United States Code, apply to this
section.
SEC. 542. STUDY OF GROUND TRANSPORTATION OPTIONS.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study that examines the ground transportation
options at the Nation's 10 busiest airports in order to--
(1) understand the impact of new and emerging
transportation options for travelers to get into and out of
airports;
(2) determine whether it is appropriate to use airport
improvement funds and revenues from passenger facility
charges to address traffic congestion and passenger travel
times between urban commercial centers and airports; and
(3) review guidelines and requirements for airport
improvement funds and passenger facility charges to determine
under what conditions such funds may be used to address
traffic congestion in urban commercial centers for travel to
airports.
TITLE VI--DISASTER RECOVERY REFORM ACT
SEC. 601. APPLICABILITY.
Except as otherwise expressly provided, the amendments in
this title to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) apply to
each major disaster and emergency declared by the President
on or after August 1, 2017, under such Act.
SEC. 602. STATE DEFINED.
In this title, the term ``State'' has the meaning given
that term in section 102(4) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(4)).
SEC. 603. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard
mitigation assistance in accordance with section 404 in any
area affected by a fire for which assistance was provided
under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
section 636(a) of this Act)--
(A) by inserting before the first period ``, or any area
affected by a fire for which assistance was provided under
section 420''; and
(B) in the third sentence by inserting ``or event under
section 420'' after ``major disaster'' each place it appears;
and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Reporting Requirement.--Not later than 1 year after the
date of enactment of this Act and annually thereafter, the
Administrator of the Federal Emergency Management Agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Appropriations Committees of the
Senate and the House of Representatives a report containing a
summary of any projects carried out, and any funding provided
to those projects, under subsection (d) of section 420 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5187) (as amended by this section).
SEC. 604. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) is amended by
adding at the end the following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by a wildfire or windstorm, including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels; and
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole
structures with poles that are resilient to extreme wind and
combined ice and wind loadings for the basic wind speeds and
ice conditions associated with the relevant location.''.
SEC. 605. ELIGIBILITY FOR CODE IMPLEMENTATION AND
ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to facilitate
the implementation and enforcement of adopted building codes
for a period of not more than 180 days after the major
disaster is declared.''.
[[Page H3628]]
SEC. 606. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)) is amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C.
5189f) is amended--
(1) by inserting ``(1) In general.--'' before
``Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the
election by a State, Tribal, or local government, or owner or
operator of a private nonprofit facility to participate in
the alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42
U.S.C. 5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed engineer
and accepted by the Administrator, the estimates on which
grants made pursuant to this section are based shall be
presumed to be reasonable and eligible costs, as long as
there is no evidence of fraud.''.
SEC. 607. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall provide guidance and training on an annual basis
to State, Tribal, and local governments, first responders,
and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that
such health care facilities remain functioning or return to
functioning as soon as practicable during power outages
caused by natural hazards, including severe weather events;
and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during
a major disaster or emergency.
SEC. 608. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation
routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State,
local, and Tribal governments regarding the design,
construction, maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts and
recovered quickly from disasters, regardless of cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental disability;
(ii) individuals in schools, daycare centers, mobile home
parks, prisons, nursing homes and other long-term care
facilities, and detention centers;
(iii) individuals with limited-English proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal workers, or
homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator
of the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability, including
flammability and hydrostatic forces;
(ii) improve durability, strength (including the ability to
withstand tensile stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively manage
contraflow operations;
(C) for evacuation routes on public lands, the viewpoints
of the applicable Federal land management agency regarding
emergency operations, sustainability, and resource
protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 609. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155(b)) is amended by adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the general
prohibition provided in subsection (a) upon request of a
Governor on behalf of the State or on behalf of a person,
business concern, or any other entity suffering losses as a
result of a major disaster or emergency, if the President
finds such waiver is in the public interest and will not
result in waste, fraud, or abuse. In making this decision,
the President may consider the following:
``(i) The recommendations of the Administrator of the
Federal Emergency Management Agency made in consultation with
the Federal agency or agencies administering the duplicative
program.
``(ii) If a waiver is granted, the assistance to be funded
is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy considered
appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later than 45
days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in carrying out
subparagraph (A), the President may not determine that a loan
is a duplication of assistance, provided that all Federal
assistance is used toward a loss suffered as a result of the
major disaster or emergency.''.
(b) Funding of a Federally Authorized Water Resources
Development Project.--
(1) Eligible activities.--Notwithstanding section 312 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155) and its implementing
regulations, assistance provided pursuant to section 404 of
such Act may be used to fund activities authorized for
construction within the scope of a federally authorized water
resources development project of the Army Corps of Engineers
if such activities are also eligible activities under such
section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this section shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this section shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section
404 pursuant to this section may not exceed the total Federal
share for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard mitigation
measure under section 404;
(C) affect the cost share requirements of a federally
authorized water resources development project; and
(D) affect the responsibilities of a non-Federal interest
with respect to the project, including those related to the
provision of lands, easements, rights-of-way, dredge material
disposal areas, and necessary relocations.
(c) Applicability.--This section shall apply to each
disaster and emergency declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) after January 1, 2016.
SEC. 610. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT
TEMPORARY HOUSING AND PERMANENT HOUSING
CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State- or tribal-administered assistance and
other needs assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the President and
the State or Tribal government comply, as determined by the
Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State or Tribal government desiring
to provide assistance under subsection (c)(1)(B), (c)(4), or
(e) shall submit to the President an application for a grant
to provide financial assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State, Tribal, and local governments, shall
establish criteria for the approval of applications submitted
under subparagraph (A). The criteria shall include, at a
minimum--
``(i) the demonstrated ability of the State or Tribal
government to manage the program under this section;
``(ii) there being in effect a plan approved by the
President as to how the State or Tribal government will
comply with applicable Federal laws and regulations and how
the State or Tribal government will provide assistance under
its plan;
``(iii) a requirement that the State, Tribal, or local
government comply with rules and regulations established
pursuant to subsection (j); and
[[Page H3629]]
``(iv) a requirement that the President, or the designee of
the President, comply with subsection (i).
``(C) Quality assurance.--Before approving an application
submitted under this section, the President, or the designee
of the President, shall institute adequate policies,
procedures, and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this program and for
programs under subsections (c)(1)(B), (c)(4), and (e). The
President shall monitor and conduct quality assurance
activities on a State or Tribal government's implementation
of programs under subsections (c)(1)(B), (c)(4), and (e). If,
after approving an application of a State or Tribal
government submitted under this section, the President
determines that the State or Tribal government is not
administering the program established by this section in a
manner satisfactory to the President, the President shall
withdraw the approval.
``(D) Audits.--The Office of the inspector general shall
provide for periodic audits of the programs administered by
States and Tribal governments under this subsection.
``(E) Applicable laws.--All Federal laws applicable to the
management, administration, or contracting of the programs by
the Federal Emergency Management Agency under this section
shall be applicable to the management, administration, or
contracting by a non-Federal entity under this section.
``(F) Report.--Not later than 18 months after the date of
enactment of this paragraph, the inspector general of the
Department of Homeland Security shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the State
or Tribal government's role to provide assistance under this
section. The report shall contain an assessment of the
effectiveness of the State or Tribal government's role to
provide assistance under this section, including--
``(i) whether the State or Tribal government's role helped
to improve the general speed of disaster recovery;
``(ii) whether the State or Tribal government providing
assistance under this section had the capacity to administer
this section; and
``(iii) recommendations for changes to improve the program
if the State or Tribal government's role to administer the
programs should be continued.
``(G) Prohibition.--The President may not condition the
provision of Federal assistance under this Act by a State or
Tribal government requesting a grant under this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The Administrator may waive
notice and comment rulemaking, if the Administrator
determines doing so is necessary to expeditiously implement
this section, and may carry out this section as a pilot
program until such regulations are promulgated.
``(ii) Final rule.--Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall issue
final regulations to implement this subsection as amended by
the Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The authority under clause
(i) and any pilot program implemented pursuant to such clause
shall expire 2 years after the date of enactment of this
paragraph or upon issuance of final regulations pursuant to
clause (ii), whichever occurs sooner.''.
SEC. 611. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)'';
and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established under
paragraph (1) shall exclude expenses to repair or replace
damaged accessibility-related improvements under paragraphs
(2), (3), and (4) of subsection (c) for individuals with
disabilities.
``(B) The maximum amount of assistance established under
paragraph (2) shall exclude expenses to repair or replace
accessibility-related personal property under subsection
(e)(2) for individuals with disabilities.''.
SEC. 612. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary
Housing.--Section 408(c)(1)(B)(ii)(II) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to read as follows:
``(II) Improvements or repairs.--Under the terms of any
lease agreement for property entered into under this
subsection, the value of the improvements or repairs shall be
deducted from the value of the lease agreement.''.
(b) Rental Properties Impacted.--Section
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease agreements with owners of
multifamily rental property impacted by a major disaster or
located in areas covered by a major disaster declaration to
house individuals and households eligible for assistance
under this section; and''.
(c) Inspector General Report.--Not later than 2 years after
the date of the enactment of this Act, the inspector general
of the Department of Homeland Security shall assess the use
of the authority provided under section 408(c)(1)(B) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174(c)(1)(B)), including the adequacy of any
benefit-cost analysis done to justify the use of this
alternative, and submit a report on the results of that
review to the appropriate committees of Congress.
SEC. 613. PRIVATE NONPROFIT FACILITY.
Section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended in
paragraph (11)(B) by inserting ``food banks,'' after
``shelter workshops,''.
SEC. 614. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to''
and inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the following:
``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section 404 may
be reimbursed not more than 15 percent of the total amount of
the grant award under such section of which not more than 10
percent may be used by the grantee and 5 percent by the
subgrantee for such costs.
``(B) Public assistance.--A grantee under sections 403,
406, 407, and 502 may be reimbursed not more than 12 percent
of the total award amount under such sections, of which not
more than 7 percent may be used by the grantee and 5 percent
by the subgrantee for such costs.''.
SEC. 615. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of
title 31, United States Code, the Administrator of the
Federal Emergency Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on an
error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against equity and
good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an
interest in the claim.
(c) Monitoring of Covered Assistance Distributed Based on
Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to
any 12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the Administrator
and publish the determination in the Federal Register; and
(B) with respect to any major disaster or emergency
declared by the President under section 401 or section 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42
[[Page H3630]]
U.S.C. 5191) after the date on which the determination is
published under subparagraph (A), the authority of the
Administrator to waive debt under subsection (b) shall no
longer be effective.
SEC. 616. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149) is
amended by adding at the end the following:
``(e) Disaster Mitigation.--In providing assistance
pursuant to subsection (c)(2), if appropriate and as
applicable, the Secretary may encourage hazard mitigation in
assistance provided pursuant to such subsection.''.
(b) Emergency Management Assistance Compact Grants.--
Section 661(d) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 761(d)) is amended by striking
``for fiscal year 2008'' and inserting ``for each of fiscal
years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--
Section 662(f) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762(f)) is amended by striking
``the program'' and all that follows through ``2012'' and
inserting ``the program, for each of fiscal years 2018
through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(a)(3)) is amended by striking the second
subparagraph (J).
SEC. 617. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national
veterinary emergency teams at accredited colleges of
veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team
shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service
animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and
nonprofit organizations in developing emergency management
and evacuation plans that account for the care and rescue of
animals and in improving local readiness for providing
veterinary medical response during a disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department
of Agriculture, State, Tribal, and local governments
(including departments of animal and human health),
veterinary and health care professionals, and volunteers.
SEC. 618. DISPUTE RESOLUTION PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of
2013 (42 U.S.C. 5189a note) is amended by striking ``2015''
and inserting ``2022''.
SEC. 619. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC
PRESERVATION REVIEW.
(a) Review and Analysis.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall review the Unified
Federal Environmental and Historic Preservation review
process established pursuant to section 429 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that includes the
following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under
Federal law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and
analyses under subsection (a), but not later than 2 years
after the date of enactment of this Act, and after providing
notice and opportunity for public comment, the Administrator
shall issue regulations to implement any regulatory
recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the
categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal
Regulations, and section II of DHS Instruction Manual 023-01-
001-01.
SEC. 620. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5205) is amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations
to implement this section.
SEC. 621. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149) is amended by
adding at the end the following:
``(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after
serving continuously for 3 years, to positions in the Agency
in the same manner that competitive service employees with
competitive status are considered for transfer, reassignment,
or promotion to such positions. An individual appointed under
this subsection shall become a career-conditional employee,
unless the employee has already completed the service
requirements for career tenure.''.
SEC. 622. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of
information from disaster assistance applicants and grantees
will be modified, streamlined, expedited, efficient,
flexible, consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular
collection and reporting of information on Federal disaster
assistance awarded, including the establishment and
maintenance of a website for presenting the information to
the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate.
SEC. 623. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act is amended by adding at the end the
following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an
award of a public assistance grant is made under section 406
that is in excess of $1,000,000, the Administrator shall
publish on the Agency's website the specifics of each such
grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any
mission assignment or mission assignment task order to
another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if applicable;
``(I) the authority under which the mission assignment or
mission assignment task order was directed; and
``(J) if applicable, the date a State or Tribe requested
the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10
days after the first day of each month, the Administrator
shall publish on the Agency's website reports, including a
specific description of the methodology and the source data
used in developing such reports, including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
[[Page H3631]]
``(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
``(C) the amount of obligations for noncatastrophic events
for the budget year;
``(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
``(E) the total amount that has been previously obligated
or will be required for catastrophic events delineated by
event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
``(F) the amount of previously obligated funds that will be
recovered for the budget year;
``(G) the amount that will be required for obligations for
emergencies, as described in section 102(1), major disasters,
as described in section 102(2), fire management assistance
grants, as described in section 420, surge activities, and
disaster readiness and support activities; and
``(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the
fifth day of each month:
``(A) A summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made.
``(B) A table of disaster relief activity delineated by
month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic events delineated
by event and by State; and
``(iv) the amount of previously obligated funds that are
recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by event.
``(D) The cost of the following categories of spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category (including emergency
measures and disaster resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through competitive
bidding process;
``(E) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive bidding
process.
The information shall be delineated by disaster, if
applicable, and specify the damage category code, if
applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without competitive
bidding.
``(B) The reasons why a competitive bidding process was not
used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 624. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the
Administrator of the Federal Emergency Management Agency
shall not reimburse a State, Tribe, or local government or
the owner or operator of a private nonprofit facility for any
activities made pursuant to a contract entered into after
August 1, 2017, that prohibits the Administrator or the
Comptroller General of the United States from auditing or
otherwise reviewing all aspects relating to the contract.
SEC. 625. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS
AND PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the inspector general of the
Department of Homeland Security shall initiate an audit of
the contracts awarded by the Federal Emergency Management
Agency (in this section referred to as ``FEMA'') for tarps
and plastic sheeting for the Commonwealth of Puerto Rico and
the United States Virgin Islands in response to Hurricane
Irma and Hurricane Maria.
(b) Considerations.--In carrying out the audit under
subsection (a), the inspector general shall review--
(1) the contracting process used by FEMA to evaluate
offerors and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing
that the contractors had supported large-scale delivery
quantities in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and FEMA's subsequent
cancellation of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the United States Virgin Islands.
(c) Report.--Not later than 270 days after the date of
initiation of the audit under subsection (a), the inspector
general shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 626. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 627. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management
Agency, in coordination with the Administrator of the Federal
Highway Administration, shall develop and issue guidance for
State, local, and Tribal governments regarding repair,
restoration, and replacement of inundated and submerged roads
damaged or destroyed by a major disaster, and for associated
expenses incurred by the Government, with respect to roads
eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172).
SEC. 628. AUTHORITIES.
Notwithstanding any other provision of law, the non-
federally funded actions of private parties and State, local,
or Tribal governments, on State, local, Tribal, and private
land, and the effects of those actions, shall not be
attributed to the Federal Emergency Management Agency's
actions under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (subtitle A of title II of
division F of Public Law 112-141; 126 Stat. 916), and the
Homeowner Flood Insurance Affordability Act of 2014 (Public
Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16
U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered
Species Act. Actions taken under the National Flood Insurance
Act of 1968, the Flood Disaster Protection Act of 1973, the
Biggert-Waters Flood Insurance Reform Act of 2012, and the
Homeowner Flood Insurance Affordability Act of 2014, that may
influence private actions do not create a Federal nexus for
the purpose of applying the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536).
SEC. 629. RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.
(a) In General.--Notwithstanding section 3716(e) of title
31, United States Code, and unless there is evidence of civil
or criminal fraud, the Federal Emergency Management Agency
may not take any action to recoup covered assistance from the
recipient of such assistance if the receipt of such
assistance occurred on a date that is more than 3 years
before the date on which the Federal Emergency Management
Agency first provides to the recipient written notification
of an intent to recoup.
(b) Covered Assistance Defined.--In this section, the term
``covered assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of such Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after January 1, 2012.
SEC. 630. STATUTE OF LIMITATIONS.
(a) In General.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting ``Notwithstanding
section 3716(e) of title 31, United States Code, and
except''; and
(B) by striking ``report for the disaster or emergency''
and inserting ``report for project completion as certified by
the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the disaster
or emergency'' and inserting ``report for project completion
as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project completion
as certified by the grantee'' after ``final expenditure
report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or
after January 1, 2004--
[[Page H3632]]
(A) no administrative action may be taken to recover a
payment of such assistance after the date of enactment of
this Act if the action is prohibited under section 705(a)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5205(a)(1)), as amended by
subsection (a); and
(B) any administrative action to recover a payment of such
assistance that is pending on such date of enactment shall be
terminated if the action is prohibited under section
705(a)(1) of that Act, as amended by subsection (a).
(2) Limitation.--This section, including the amendments
made by this section, may not be construed to invalidate or
otherwise affect any administration action completed before
the date of enactment of this Act.
SEC. 631. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal
Emergency Management Agency shall provide technical
assistance to a common interest community that provides
essential services of a governmental nature on actions that a
common interest community may take in order to be eligible to
receive reimbursement from a grantee that receives funds from
the Agency for certain activities performed after an event
that results in a disaster declaration.
(b) Recommendations.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a legislative
proposal on how to provide eligibility for disaster
assistance with respect to common areas of condominiums and
housing cooperatives.
SEC. 632. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue guidance regarding
the acquisition of property for open space as a mitigation
measure under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) that
includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60
days after the applicant for assistance enters into an
agreement with the Administrator regarding the acquisition,
provide written notification to each affected unit of local
government for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the hazard
mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph
(1) to--
(A) use and maintain the open space created by such a
project, consistent with section 404 (including related
regulations, standards, and guidance) and consistent with all
adjoining property, subject to the notification of the
adjoining property, so long as the cost of the maintenance is
borne by the local government; and
(B) maintain the open space pursuant to standards exceeding
any local government standards defined in the agreement with
the Administrator described under paragraph (1).
(b) Definitions.--In this section the following definitions
apply:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), that has jurisdiction over the property subject
to the acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance for an
open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the Federal
Emergency Management Agency.
SEC. 633. LOCAL IMPACT.
In making recommendations to the President regarding a
major disaster declaration, the Administrator of the Federal
Emergency Management Agency shall give greater weight and
consideration to severe local impact or recent multiple
disasters. Further, the Administrator shall make
corresponding adjustments to the Agency's policies and
regulations regarding such consideration. Not later than 1
year after the date of enactment of this section, the
Administrator shall report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based
on the new criteria.
SEC. 634. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) is further amended
by adding at the end the following:
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by earthquake hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 635. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement activities to
implement the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purpose of
protecting the health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
``(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on a
competitive basis pursuant to paragraph (1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph (12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government
has facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish criteria for the
design, construction, and maintenance of residential
structures and facilities that may be eligible for assistance
under this Act for the purpose of protecting the health,
safety, and general welfare of the buildings' users against
disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act,
the estimated aggregate amount of grants for purposes of
paragraph (1) shall be determined by the President and such
estimated amount need not be reduced, increased, or changed
due to variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407,
408, 410, and 416 under this Act.''; and
(6) by striking subsections (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and
(l), respectively.
(b) Applicability.--The amendments made to section 203 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of
subsection (a) shall apply to funds appropriated after the
date of enactment of this Act.
SEC. 636. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c(a)) is amended by striking the first
sentence and inserting the following: ``The President may
contribute up to 75 percent of the cost of hazard mitigation
measures which the President has determined are cost
effective and which substantially reduce the risk of, or
increase resilience to, future damage, hardship, loss, or
[[Page H3633]]
suffering in any area affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42
U.S.C. 5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and standards''
and inserting ``the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purposes of
protecting the health, safety, and general welfare of a
facility's users against disasters'';
(B) by striking ``applicable at the time at which the
disaster occurred''; and
(C) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the facility to meet the
definition of resilient developed pursuant to this
subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of such Act (42
U.S.C. 5172(e)(1)) is further amended by inserting at the end
the following:
``(C) Contributions.--Contributions for the eligible cost
made under this section may be provided on an actual cost
basis or on cost-estimation procedures.''.
(d) New Rules.--Section 406(e) of such Act (42 U.S.C.
5172(e)) is further amended by adding at the end the
following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after the date
of enactment of this paragraph, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue a final rulemaking that defines the terms
`resilient' and `resiliency' for purposes of this subsection.
``(B) Interim guidance.--Not later than 60 days after the
date of enactment of this paragraph, the Administrator shall
issue interim guidance to implement this subsection. Such
interim guidance shall expire 18 months after the date of
enactment of this paragraph or upon issuance of final
regulations pursuant to subparagraph (A), whichever occurs
first.
``(C) Guidance.--Not later than 90 days after the date on
which the Administrator issues the final rulemaking under
this paragraph, the Administrator shall issue any necessary
guidance related to the rulemaking.
``(D) Report.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall submit
to Congress a report summarizing the regulations and guidance
issued pursuant to this paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the
Disaster Mitigation Act of 2000 (Public Law 106-390) is
amended by inserting ``(B)'' after ``except that paragraph
(1)''.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
SEC. 701. SHORT TITLE.
This title may be cited as the ``FAA Leadership in
Groundbreaking High-Tech Research and Development Act'' or
the ``FLIGHT R&D Act''.
SEC. 702. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 48102(a) of title 49, United
States Code, is amended--
(1) in the matter before paragraph (1) by striking ``and,
for each of fiscal years 2012 through 2015, under subsection
(g)'';
(2) at the end of paragraph (9), by striking ``and''; and
(3) by striking paragraph (10) and inserting the following:
``(10) for fiscal year 2018, $181,000,000, including--
``(A) $128,500,000 for Safety Research and Development
programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural Safety;
``(iv) Aircraft Icing/Digital System Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure Prevention Research;
``(vii) Flightdeck/Maintenance/System Integration Human
Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical Operations Human
Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for General Aviation;
``(xiv) Joint Planning and Development Office;
``(xv) Ocean and Other Remote Locations ATS Research
Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling Program;
``(xviii) Single Piloted Commercial Cargo Aircraft Program;
and
``(xix) UAV-Manned Aircraft Collision Research Program;
``(B) $26,000,000 for Economic Competitiveness Research and
Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human Factors;
``(iii) Next Gen-Weather Technology in the Cockpit; and
``(iv) Commercial Space Transportation Safety;
``(C) $20,000,000 for Environmental Sustainability Research
and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-Aircraft
Technologies, Fuels and Metrics; and
``(D) $6,500,000 for Mission Support programs, including--
``(i) System Planning and Resource Management; and
``(ii) William J. Hughes Technical Center Laboratory
Facility;
``(11) for fiscal year 2019, $186,000,000, including--
``(A) $131,000,000 for Safety Research and Development
programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural Safety;
``(iv) Aircraft Icing/Digital System Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure Prevention Research;
``(vii) Flightdeck/Maintenance/System Integration Human
Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical Operations Human
Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for General Aviation;
``(xiv) Joint Planning and Development Office;
``(xv) Ocean and Other Remote Locations ATS Research
Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling Program;
``(xviii) Single Piloted Commercial Cargo Aircraft Program;
and
``(xix) UAV-Manned Aircraft Collision Research Program;
``(B) $28,000,000 for Economic Competitiveness Research and
Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human Factors;
``(iii) Next Gen-Weather Technology in the Cockpit; and
``(iv) Commercial Space Transportation Safety;
``(C) $20,000,000 for Environmental Sustainability Research
and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-Aircraft
Technologies, Fuels and Metrics; and
``(D) $7,000,000 for Mission Support programs, including--
``(i) System Planning and Resource Management; and
``(ii) William J. Hughes Technical Center Laboratory
Facility;
``(12) for fiscal year 2020, $190,000,000, including--
``(A) $133,500,000 for Safety Research and Development
programs, including--
``(i) Fire Research and Safety;
``(ii) Propulsion and Fuel Systems;
``(iii) Advanced Materials/Structural Safety;
``(iv) Aircraft Icing/Digital System Safety;
``(v) Continued Airworthiness;
``(vi) Aircraft Catastrophic Failure Prevention Research;
``(vii) Flightdeck/Maintenance/System Integration Human
Factors;
``(viii) System Safety Management;
``(ix) Air Traffic Control/Technical Operations Human
Factors;
``(x) Aeromedical Research;
``(xi) Weather Program;
``(xii) Unmanned Aircraft Systems Research;
``(xiii) NextGen-Alternative Fuels for General Aviation;
``(xiv) Joint Planning and Development Office;
``(xv) Ocean and Other Remote Locations ATS Research
Program;
``(xvi) Cybersecurity Research Program;
``(xvii) Cybersecurity Threat Modeling Program;
``(xviii) Single Piloted Commercial Cargo Aircraft Program;
and
``(xix) UAV-Manned Aircraft Collision Research Program;
``(B) $29,000,000 for Economic Competitiveness Research and
Development programs, including--
``(i) NextGen-Wake Turbulence;
``(ii) NextGen-Air Ground Integration Human Factors;
[[Page H3634]]
``(iii) Next Gen-Weather Technology in the Cockpit; and
``(iv) Commercial Space Transportation Safety;
``(C) $20,000,000 for Environmental Sustainability Research
and Development programs, including--
``(i) Environment and Energy; and
``(ii) NextGen-Environmental Research-Aircraft
Technologies, Fuels and Metrics; and
``(D) $7,500,000 for Mission Support programs, including--
``(i) System Planning and Resource Management; and
``(ii) William J. Hughes Technical Center Laboratory
Facility;
``(13) for fiscal year 2021, $195,000,000;
``(14) for fiscal year 2022, $200,000,000; and
``(15) for fiscal year 2023, $204,000,000.''.
(b) Contingency Funding.--Section 48102(b) of title 49,
United States, Code, is amended by inserting after paragraph
(3) the following:
``(4) Notwithstanding subsection (a), no funds are
authorized for a fiscal year for Environmental Sustainability
Research and Development programs unless the full amount
authorized for that fiscal year under subsection (a) for the
all of the following programs is appropriated for that fiscal
year:
``(A) Safety Research and Development programs.
``(B) Economic Competitiveness Research and Development
programs.
``(C) Mission Support programs.''.
(c) Annual Submission of the National Aviation Research
Plan.--Section 48102(g) of title 49, United States, Code, is
amended to read as follows:
``(g) Annual Submission of the National Aviation Research
Plan.--Notwithstanding subsection (a), no funds are
authorized to be appropriated for the Office of the
Administrator for a fiscal year unless the Secretary has
submitted the national aviation research plan to Congress no
later than the date of submission of the President's budget
request to Congress for that fiscal year, as required under
section 44501(c).''.
Subtitle B--FAA Research and Development Organization
SEC. 711. ASSOCIATE ADMINISTRATOR FOR RESEARCH AND
DEVELOPMENT.
(a) Appointment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall appoint an
Associate Administrator for Research and Development.
(b) Senior Executive Service.--The Associate Administrator
for Research and Development shall be a Senior Executive
Service position.
(c) Responsibilities.--The Associate Administrator for
Research and Development shall, at a minimum, be responsible
for--
(1) management and oversight of all the FAA's research and
development programs and activities; and
(2) production of all congressional reports from the FAA
relevant to research and development, including the national
aviation research plan required under section 44501(c) of
title 49, United States Code.
(d) Dual Appointment.--The Associate Administrator for
Research and Development may be a dual-appointment, holding
the responsibilities of another Associate Administrator.
SEC. 712. RESEARCH ADVISORY COMMITTEE.
(a) Advice and Recommendations.--Section 44508(a)(1)(A) of
title 49, United States Code, is amended to read as follows:
``(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration and
Congress about needs, objectives, plans, approaches, content,
and accomplishments of all aviation research and development
activities and programs carried out, including those under
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912
of this title;''.
(b) Written Reply to Research Advisory Committee.--Section
44508 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Written Reply.--
``(1) In general.--Not later than 60 days after receiving
any recommendation from the research advisory committee, the
Administrator shall provide a written reply to the research
advisory committee that, at a minimum--
``(A) clearly states whether the Administrator accepts or
rejects the recommendations;
``(B) explains the rationale for the Administrator's
decision;
``(C) sets forth the timeframe in which the Administrator
will implement the recommendation; and
``(D) describes the steps the Administrator will take to
implement the recommendation.
``(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research advisory
committee, shall be--
``(A) made publicly available on the research advisory
committee website; and
``(B) transmitted to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
``(3) National aviation research plan.--The national
aviation research plan required under section 44501(c) shall
include a summary of all research advisory committee
recommendations and a description of the status of their
implementation.''.
Subtitle C--Unmanned Aircraft Systems
SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT
ROADMAP.
No funds are authorized to be appropriated for the Office
of the Administrator for a fiscal year unless the Secretary
has submitted the unmanned aircraft systems roadmap to
Congress on an annual basis as required under section
45502(a) of title 49, United States Code, (as added by this
Act).
SEC. 722. PROBABILISTIC METRICS FOR EXEMPTIONS.
(a) Study.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall commission an
independent study to--
(1) develop parameters to conduct research and development
for probabilistic metrics to enable the identification of
hazards and the assessment of risks as necessary to make
determinations under section 45505(a) of title 49, United
States Code, (as added by this Act) that certain unmanned
aircraft systems may operate safely in the national airspace
system;
(2) identify additional research needed to more effectively
develop and use such metrics and make such determinations;
and
(3) in developing parameters for probabilistic metrics,
this study shall take into account the utility of performance
standards to make determinations under section 45505(a) of
title 49, United States Code, (as added by this Act).
(b) Consideration of Results.--The Administrator shall
consider the results of the study conducted under subsection
(a) when making a determination described in subsection
(a)(1).
(c) Report.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall transmit the
results of the study conducted under subsection (a) to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 723. PROBABILISTIC ASSESSMENT OF RISKS.
The Administrator shall conduct research and development to
enable a probabilistic assessment of risks to inform
requirements for standards for operational certification of
public unmanned aircraft systems in the national airspace.
SEC. 724. UNMANNED AERIAL VEHICLE-MANNED AIRCRAFT COLLISION
RESEARCH.
(a) Research.--The Administrator shall coordinate with NASA
to conduct comprehensive testing of unmanned aerial vehicles
colliding with a manned aircraft, including--
(1) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and commercial jet
airliners of various sizes, traveling at various speeds;
(2) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and propeller planes of
various sizes, traveling at various speeds;
(3) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and blimps of various
sizes, traveling at various speeds;
(4) collisions between unmanned aerial vehicles of various
sizes, traveling at various speeds, and rotorcraft of various
sizes, traveling at various speeds; and
(5) collisions between unmanned aerial vehicles and various
parts of the aforementioned aircraft, including--
(A) windshields;
(B) noses;
(C) engines;
(D) radomes;
(E) propellers; and
(F) wings.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall transmit a
report summarizing the costs and results of research under
this section to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 725. SPECIAL RULE FOR RESEARCH AND DEVELOPMENT.
Except as necessary to support enforcement action under
applicable provisions of law against persons operating
unmanned aircraft in a manner that endangers the safety of
the national airspace system, notwithstanding any other
provision of law relating to the incorporation of unmanned
aircraft systems into FAA plans and policies, the
Administrator may not promulgate any rule or regulation
regarding the operation of an unmanned aircraft system--
(1) that is flown strictly for research and development
use;
(2) that is operated less than 400 feet above the ground
and in Class G airspace;
(3) that is operated in a manner that does not interfere
with and gives way to any manned aircraft; and
(4) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport) with prior notice of the operation
(unmanned aircraft operators flying from a permanent location
within 5 miles of an airport should establish a mutually-
agreed upon operating procedure with the airport operator and
the airport air traffic control tower (when an air traffic
facility is located at the airport)).
[[Page H3635]]
SEC. 726. BEYOND LINE-OF-SIGHT RESEARCH AND DEVELOPMENT.
(a) Amendments.--Section 332(c)(2) the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) is amended--
(1) by striking ``Administrator shall'' and inserting
``Administrator'';
(2) at the beginning of each of subparagraphs (A) through
(F), by inserting ``shall'';
(3) at the end of subparagraph (E), by striking ``and'';
(4) at the end of subparagraph (F), by striking the period
and inserting a semicolon; and
(5) by adding at the end the following new subparagraphs:
``(G) shall allow beyond line-of-sight operation of
unmanned aircraft systems to be flown within the boundaries
of a test range established under this subsection;
``(H) may promulgate regulations governing beyond line-of-
sight operation of unmanned aircraft systems flown within the
boundaries of a test range established under this subsection
for the purposes of public safety; and
``(I) shall allow NASA to authorize operation of beyond
line-of-sight unmanned aircraft systems within the boundaries
of any NASA center or facility.''.
(b) Statutory Construction.--Nothing in the amendments made
by subsection (a) shall be construed to limit the authority
of the Administrator to pursue enforcement action under
applicable provisions of law against persons operating
unmanned aircraft in a manner that endangers the safety of
the national airspace system.
Subtitle D--Cybersecurity
SEC. 731. CYBER TESTBED.
Not later than 6 months after the date of enactment of this
Act, the Administrator shall develop an integrated Cyber
Testbed for research, development, evaluation, and validation
of air traffic control modernization programs or
technologies, before they enter the national airspace system,
as being compliant with FAA data security regulations. The
Cyber Testbed shall be part of an integrated research and
development test environment capable of creating,
identifying, defending, and solving cybersecurity-related
problems for the national airspace system. This integrated
test environment shall incorporate integrated test capacities
within the FAA related to the national airspace system and
NextGen.
SEC. 732. CABIN COMMUNICATIONS, ENTERTAINMENT, AND
INFORMATION TECHNOLOGY SYSTEMS CYBERSECURITY
VULNERABILITIES.
(a) Evaluation.--The Administrator shall evaluate and
determine the research and development needs associated with
cybersecurity vulnerabilities of cabin communications,
entertainment, and information technology systems on civil
passenger aircraft. This evaluation shall include research
and development to address--
(1) technical risks and vulnerabilities;
(2) potential impacts on the national airspace and public
safety; and
(3) identification of deficiencies in cabin-based
cybersecurity.
(b) Assessment.--The Administrator shall--
(1) conduct an assessment of opportunities to cooperate
with the private sector in conducting aircraft in-cabin
cybersecurity research and development; and
(2) provide recommendations to improve research and
development on cabin-based cybersecurity vulnerabilities.
(c) Report.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall transmit a
report on the results of activities under this section to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. This report may contain
classified annexes.
SEC. 733. CYBERSECURITY THREAT MODELING.
(a) Program.--
(1) In general.--The Administrator shall consult the
National Institute of Standards and Technology to research
and develop an internal FAA cybersecurity threat modeling
program to detect cybersecurity vulnerabilities, track how
those vulnerabilities might be exploited, and assess the
magnitude of harm that could be caused by the exploitation of
those vulnerabilities.
(2) Updates.--This program shall be updated regularly, not
less than once every 5 years.
(b) Report.--Not later than one year after the date of
enactment of this Act, and within 7 days of each threat
modeling program update under subsection (a)(2), the
Administrator shall transmit a report to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate detailing the status, results,
and composition of the threat modeling program.
SEC. 734. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CYBERSECURITY STANDARDS.
Not later than 6 months after the date of enactment of this
Act, the FAA shall, in consultation with the National
Institute of Standards and Technology, transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
(1) a cybersecurity standards plan to implement National
Institute of Standards and Technology revisions to
cybersecurity guidance documents within timeframes set by the
Office of Management and Budget; and
(2) an explanation of why any such recommendations are not
incorporated in the plan or are not incorporated within such
timeframes.
SEC. 735. CYBERSECURITY RESEARCH COORDINATION.
The Administrator shall, where feasible, cooperate on
cybersecurity research and development with other
international air traffic management organizations, including
the European Aviation Safety Agency, the United Kingdom Civil
Aviation Authority, Nav Canada, and Airservices Australia.
SEC. 736. CYBERSECURITY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--Not later than 6 months after the date
of enactment of this Act, the FAA, in consultation with other
agencies as appropriate, shall establish a research and
development program to improve the cybersecurity of civil
aircraft and the national airspace system.
(b) Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the FAA shall develop a plan for the
research and development program established under subsection
(a) that contains objectives, proposed tasks, milestones, and
a 5-year budgetary profile.
(2) National academies' study.--The Administrator shall--
(A) enter into an arrangement with the National Academies
for a study of the plan developed under paragraph (1); and
(B) provide the results of that study to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 18 months after
the date of enactment of this Act.
Subtitle E--FAA Research and Development Activities
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW
TECHNOLOGIES INTO THE NATIONAL AIRSPACE SYSTEM.
Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with NASA, shall
transmit a comprehensive research plan for the certification
of new technologies into the national airspace system to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. This plan shall identify
research necessary to support the certification and
implementation of NextGen, including both ground and air
elements, and explain the plan's relationship to other
activities and procedures required for certification and
implementation of new technologies into the national airspace
system. This plan shall be informed by and conform to the
recommendations of the National Research Council report
titled ``Transformation in the Air--A Review of the FAA
Research Plan'', issued on June 8, 2015. This report shall
include, at a minimum--
(1) a description of the strategic and prescriptive value
of the research plan;
(2) an explanation of the expected outcomes from executing
the plan;
(3) an assessment of the FAA's plan to use research and
development to improve cybersecurity over the next 5 years,
taking into account the cybersecurity research and
development plan developed under section 736(b);
(4) an assessment of the current software assurance
practices, and the desired level or attributes to target in
the software assurance program;
(5) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and
timelines and including an identification of cost and
schedule reserves, for the certification of new technologies
into the national airspace system, including NextGen,
Automatic Dependent Surveillance-Broadcast, Data
Communications, National Airspace System Voice System,
Collaborative Air Traffic Management Technologies, NextGen
Weather, and System Wide Information Management;
(6) methods for integrating emerging technologies
throughout NextGen's development, certification, and
implementation process; and
(7) best practices in research and development used by
other organizations, such as NASA, NavCanada, and
Eurocontrol.
SEC. 742. AVIATION FUEL RESEARCH, DEVELOPMENT, AND USAGE.
The Administrator may conduct or supervise research,
development, and service testing, currently being conducted
under the Piston Aviation Fuels Initiative (PAFI) unleaded
avgas program, that is required to allow the use of an
unleaded aviation gasoline in existing aircraft as a
replacement for leaded gasoline.
SEC. 743. AIR TRAFFIC SURVEILLANCE OVER OCEANS AND OTHER
REMOTE LOCATIONS.
(a) Establishment of Program.--The Administrator, in
consultation with NASA and other relevant agencies, shall
establish a research and development program on civilian air
traffic surveillance over oceans and other remote locations.
Such program shall--
(1) take into account the need for international
interoperability of technologies and air traffic control
systems; and
[[Page H3636]]
(2) recognize that Automatic Dependent Surveillance-
Broadcast (ADS-B) is an element of the Next Generation Air
Transportation System.
(b) Pilot Program.--The Administrator shall establish a
pilot program to test, evaluate, and certify for integration
into the national airspace system air traffic surveillance
equipment for oceans and other remote locations.
(c) Partnership With Private Industry.--The Administrator
shall partner with private industry on the research,
development, testing, and evaluation under this section.
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall transmit a
report on activities under this section to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 744. SINGLE-PILOTED COMMERCIAL CARGO AIRCRAFT.
(a) Program.--The FAA, in consultation with NASA and other
relevant agencies, shall establish a research and development
program in support of single-piloted cargo aircraft assisted
with remote piloting and computer piloting.
(b) Review.--The FAA, in consultation with NASA, shall
conduct a review of FAA research and development activities
in support of single-piloted cargo aircraft assisted with
remote piloting and computer piloting.
(c) Report.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall transmit a
report to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that describes--
(1) the program established under subsection (a); and
(2) the results of the review conducted under subsection
(b).
SEC. 745. ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT.
The Administrator shall develop a program to research the
use of spectrum in the civil aviation domain, including
aircraft and unmanned aircraft systems. This research shall,
at a minimum, address--
(1) how, operating within an Unmanned Aircraft System
Traffic Management system, unmanned aircraft systems can
safely use, for control link, tracking, diagnostics, payload
communication, collaborative-collision avoidance (e.g.
vehicle-to-vehicle communications), and other purposes--
(A) aviation-protected spectrum;
(B) commercial communications networks, such as mobile
communications networks; and
(C) any other licensed or unlicensed spectrum;
(2) how the reallocation of spectrum assigned for use
within frequency bands adjacent to those allocated for
position, navigation, and timing may impact the safety of
civil aviation; and
(3) measures to protect and mitigate against spectrum
interference in frequency bands used by the civil aviation
community to ensure public safety.
TITLE VIII--AVIATION REVENUE PROVISIONS
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2018'' and inserting ``October 1, 2023''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the FAA Reauthorization Act of
2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``October 1, 2018'' and inserting
``October 1, 2023''.
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2021'' and inserting ``September 30,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2018'' and
inserting ``October 1, 2023''.
(3) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``September 30, 2018'' and
inserting ``September 30, 2023''.
The Acting CHAIR. No amendment to the bill shall be in order except
those printed in part A of House Report 115-650 and amendments en bloc
described in House Resolution 839.
Each such amendment printed in part A of the report may be offered
only in the order printed in the report, by a Member designated in the
report, shall be considered read, shall be debatable for the time
specified in the report, equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
{time} 1330
Amendment No. 1 Offered by Mr. Shuster
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part A of House Report 115-650.
Mr. SHUSTER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 8, strike lines 19 through 22 and insert the
following:
(b) Authorized Expenditures.--Section 48101(c) of title 49,
United States Code, is amended--
(1) in the subsection heading by striking ``Automated
Surface Observation System/Automated Weather Observing System
Upgrade'' and inserting ``Authorized Expenditures''; and
(2) by striking ``may be used for the implementation'' and
all that follows through the period at the end and inserting
the following: ``may be used for the following:
``(1) The implementation and use of upgrades to the current
automated surface observation system/automated weather
observing system, if the upgrade is successfully
demonstrated.
``(2) The acquisition and construction of remote air
traffic control towers (as defined in section 510 of the FAA
Reauthorization Act of 2018).
``(3) The remediation and elimination of identified
cybersecurity vulnerabilities in the air traffic control
system.
``(4) The construction of facilities dedicated to improving
the cybersecurity of the National Airspace System.
``(5) Systems associated with the Data Communications
program.
``(6) The infrastructure, sustainment, and the elimination
of the deferred maintenance backlog of air navigation
facilities and other facilities for which the Federal
Aviation Administration is responsible.
``(7) The modernization and digitization of the Civil
Aviation Registry.
``(8) The construction of necessary Priority 1 National
Airspace System facilities.
``(9) Cost-beneficial construction, rehabilitation, or
retrofitting programs designed to reduce Federal Aviation
Administration facility operating costs.''.
Page 8, line 13, strike ``$2,920,000,000'' and insert
``$3,330,000,000''.
Page 8, line 14, strike ``$2,984,000,000'' and insert
``$3,398,000,000''.
Page 8, line 15, strike ``$3,049,000,000'' and insert
``$3,469,000,000''.
Page 8, line 16, strike ``$3,118,000,000'' and insert
``$3,547,000,000''.
Page 8, line 17, strike ``$3,190,000,000'' and insert
``$3,624,000,000''.
Page 8, line 18, strike ``$3,263,000,000'' and insert
``$3,701,000,000''.
Page 9, line 5, strike ``$10,231,000,000'' and insert
``$10,247,000,000''.
Page 9, line 6, strike ``$10,434,000,000'' and insert
``$10,486,000,000''.
Page 9, line 7, strike ``$10,639,000,000'' and insert
``$10,732,000,000''.
Page 9, line 8, strike ``$10,861,000,000'' and insert
``$11,000,000,000''.
Page 9, line 10, strike ``$11,095,000,000'' and insert
``$11,269,000,000''.
Page 9, line 12, strike ``$11,329,000,000'' and insert
``$11,537,000,000''.
Page 9, after line 13, insert the following:
(b) Authorized Expenditures.--Section 106(k)(2) of title
49, United States Code, is amended by adding at the end the
following:
``(D) Not more than the following amounts for commercial
space transportation activities:
``(i) $22,587,000 for fiscal year 2018.
``(ii) $33,038,000 for fiscal year 2019.
``(iii) $43,500,000 for fiscal year 2020.
``(iv) $54,970,000 for fiscal year 2021.
``(v) $64,449,000 for fiscal year 2022.
``(vi) $75,938,000 for fiscal year 2023.''.
Page 9, line 14, strike ``(b)'' and insert ``(c)''.
At the end of subtitle C of title I, add the following:
SEC. 1__. SUPPLEMENTAL DISCRETIONARY FUNDS.
Section 47115 of title 49, United States Code, is further
amended by adding at the end the following:
``(j) Supplemental Discretionary Funds.--
``(1) In general.--The Secretary shall establish a program
to provide grants, subject to the conditions of this
subsection, for any purpose for which amounts are made
available under section 48103 that the Secretary considers
most appropriate to carry out this subchapter.
``(2) Treatment of grants.--
``(A) In general.--A grant made under this subsection shall
be treated as having been made pursuant to the Secretary's
authority under section 47104(a) and from the Secretary's
discretionary fund under subsection (a) of this section.
``(B) Exception.--Except as otherwise provided in this
subsection, grants made under this subsection shall not be
subject to subsection (c), section 47117(e), or any other
apportionment formula, special apportionment
[[Page H3637]]
category, or minimum percentage set forth in this chapter.
``(3) Eligibility.--The Secretary may provide grants under
this subsection only for projects--
``(A) at a nonprimary airport that--
``(i) is classified as a regional, local, or basic airport,
as determined using the Department of Transportation's most
recently published classification; and
``(ii) is not located within a Metropolitan Statistical
Area (as defined by the Office of Management and Budget);
``(B) at a nonhub, small hub, or medium hub airport; or
``(C) at an airport receiving an exemption under section
47134.
``(4) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Government's share of allowable project costs under this
subsection is 80 percent.
``(B) Submission.--In applying for a grant under this
subsection, an airport sponsor that proposes a lower
Government share of allowable project costs than the share
specified in subparagraph (A) shall receive priority
commensurate with the reduction in such share. Projects shall
receive equal priority consideration if such project--
``(i) has a proposed Government cost share of 50 percent or
less; or
``(ii) is at an airport receiving an exemption under
section 47134.
``(5) Authorization.--
``(A) In general.--There is authorized to be appropriated
to the Secretary to carry out this subsection the following
amounts:
``(i) $1,020,000,000 for fiscal year 2019.
``(ii) $1,041,000,000 for fiscal year 2020.
``(iii) $1,064,000,000 for fiscal year 2021.
``(iv) $1,087,000,000 for fiscal year 2022.
``(v) $1,110,000,000 for fiscal year 2023.
``(B) Availability.--Sums authorized to be appropriated
under subparagraph (A) shall remain available for 2 fiscal
years.''.
SEC. 1__. SAFETY EQUIPMENT.
Section 47102(3)(B)(ii) of title 49, United States Code, is
amended by striking ``and emergency call boxes,'' and
inserting ``emergency call boxes, and counter-UAS systems (as
defined in section 40102),''.
Page 100, strike line 17 and all that follows through page
103, line 19.
At the end of subtitle A of title III, add the following:
SEC. 3__. FAA AND NTSB REVIEW OF GENERAL AVIATION SAFETY.
(a) Study Required.--Not later than 30 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the Chairman of
the National Transportation Safety Board, shall initiate a
study of general aviation safety.
(b) Study Contents.--The study required under subsection
(a) shall include--
(1) a review of all general aviation accidents since 2000,
including a review of--
(A) the number of such accidents;
(B) the number of injuries and fatalities, including with
respect to both occupants of aircraft and individuals on the
ground, as a result of such accidents;
(C) the number of such accidents investigated by the
National Transportation Safety Board;
(D) the number of such accidents investigated by the
Federal Aviation Administration; and
(E) a summary of the factual findings and probable cause
determinations with respect to such accidents;
(2) an assessment of the most common probable cause
determinations issued for general aviation accidents since
2000;
(3) an assessment of the most common facts analyzed by the
Federal Aviation Administration and the National
Transportation Safety Board in the course of investigations
of general aviation accidents since 2000, including
operational details;
(4) a review of the safety recommendations of the National
Transportation Safety Board related to general aviation
accidents since 2000;
(5) an assessment of the responses of the Federal Aviation
Administration and the general aviation community to the
safety recommendations of the National Transportation Safety
Board related to general aviation accidents since 2000;
(6) an assessment of the most common general aviation
safety issues;
(7) a review of the total costs to the Federal Government
to conduct investigations of general aviation accidents over
the last 10 years; and
(8) other matters the Administrator or the Chairman
considers appropriate.
(c) Recommendations and Actions To Address General Aviation
Safety.--Based on the results of the study required under
subsection (a), the Administrator, in consultation with the
Chairman, shall make such recommendations, including with
respect to regulations and enforcement activities, as the
Administrator considers necessary to--
(1) address general aviation safety issues identified under
the study;
(2) protect persons and property on the ground; and
(3) improve the safety of general aviation operators in the
United States.
(d) Authority.--Notwithstanding any other provision of law,
the Administrator shall have the authority to undertake
actions to address the recommendations made under subsection
(c).
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study required under subsection (a), including the
recommendations described in subsection (c).
(f) General Aviation Defined.--In this section, the term
``general aviation'' means aircraft operation for personal,
recreational, or other noncommercial purposes.
SEC. 3__. CALL TO ACTION AIRLINE ENGINE SAFETY REVIEW.
(a) Call to Action Airline Engine Safety Review.--Not later
than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
initiate a Call to Action safety review on airline engine
safety in order to bring stakeholders together to share best
practices and implement actions to address airline engine
safety.
(b) Contents.--The Call to Action safety review required
pursuant to subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airline engines during design and
production, including the oversight of those processes;
(2) a review of Administration regulations, guidance, and
directives related to airline engine operation and
maintenance and the oversight of those processes;
(3) a review of reportable accidents and incidents
involving airline engines during calendar years 2014 through
2018, including any identified contributing factors to the
reportable accident or incident; and
(4) a process for stakeholders, including inspectors,
manufacturers, maintenance providers, airlines, and aviation
safety experts, to provide feedback and share best practices.
(c) Report and Recommendations.--Not later than 90 days
after the conclusion of the Call to Action safety review
pursuant to subsection (a), the Administrator shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review and any recommendations for actions or
best practices to improve airline engine safety.
SEC. 3__. SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS.
(a) In General.--Chapter 447 of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 44737. Special rule for certain aircraft operations
``(a) In General.--The operator of an aircraft with a
special airworthiness certificate in the experimental
category may--
``(1) operate the aircraft for the purpose of conducting a
commercial space transportation support flight; and
``(2) conduct such flight under such certificate carrying
persons or property for compensation or hire notwithstanding
any rule or term of a certificate issued by the Administrator
of the Federal Aviation Administration that would prohibit
flight for compensation or hire.
``(b) Limited Applicability.--Subsection (a) shall apply
only to a commercial space transportation support flight that
satisfies each of the following:
``(1) The aircraft conducting the commercial space
transportation support flight--
``(A) takes flight and lands at a single site that is
licensed for operation under chapter 509 of title 51; and
``(B) is used only to simulate space flight conditions in
support of--
``(i) training for potential space flight participants or
crew (as those terms are defined in chapter 509 of title 51);
or
``(ii) the testing of hardware to be used in space flight.
``(2) The operator of the commercial space transportation
support flight--
``(A) informs, in writing, any individual serving as crew
of the aircraft that the United States Government has not
certified the aircraft as safe for carrying crew or
passengers prior to executing any contract or other
arrangement to employ that individual (or, in the case of an
individual already employed as of the date of enactment of
this section, prior to any commercial space transportation
support flight in which the individual will participate as
crew);
``(B) prior to receiving any compensation for carrying any
passengers on the aircraft--
``(i) informs, in writing, the passengers about the risks
of the aircraft and commercial space transportation support
flight, including the safety record for the operator's fleet
of similar vehicle types and information sufficient to
adequately describe the safety record for the vehicle type
regardless of operator; and
``(ii) informs, in writing, any passenger that the United
States Government has not certified the aircraft as safe for
carrying crew or passengers;
``(C) provides any passenger an opportunity to ask
questions orally to acquire a better understanding of the
safety record of the aircraft and commercial space
transportation support flight; and
``(D) obtains written informed consent from any individual
serving as crew and all passengers of the commercial space
transportation support flight that--
``(i) identifies the specific aircraft the consent covers;
[[Page H3638]]
``(ii) states that the individual understands the risk and
that the presence of the individual on board the aircraft is
voluntary; and
``(iii) is signed and dated by the individual.
``(3) When the aircraft is also a launch vehicle, reentry
vehicle, or component of a launch or reentry vehicle, the
operator of the aircraft holds a license or permit issued
under chapter 509 of title 51 for that vehicle or vehicle
component.
``(4) Any other requirements that the Administrator may
prescribe to permit a commercial space transportation support
flight under this section.
``(c) Rules of Construction.--
``(1) Section 44711(a)(1) shall not apply to a person
conducting a commercial space transportation support flight
under this section only to the extent that a term of the
experimental certificate under which the person is operating
the aircraft prohibits the carriage of persons or property
for compensation or hire.
``(2) Nothing in this section shall be construed to limit
the authority of the Administrator to exempt a person from a
regulatory prohibition on the carriage of persons or property
for compensation or hire subject to terms and conditions
other than those described in this section.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``44737. Special rule for certain aircraft operations.''.
At the end of subtitle B of title III, add the following:
SEC. 3__. DEFINITIONS.
Section 40102(a) of title 49, United States Code, is
amended by adding at the end the following:
``(48) `counter-UAS system' means a system or device
capable of lawfully and safely disabling, disrupting, or
seizing control of an unmanned aircraft or unmanned aircraft
system.
``(49) `public unmanned aircraft system' means an unmanned
aircraft system that meets the qualifications and conditions
required for operation of a public aircraft.
``(50) `small unmanned aircraft' means an unmanned aircraft
weighing less than 55 pounds, including everything that is on
board or otherwise attached to the aircraft.
``(51) `unmanned aircraft' means an aircraft that is
operated without the possibility of direct human intervention
from within or on the aircraft.
``(52) `unmanned aircraft system' means an unmanned
aircraft and associated elements (including communication
links and the components that control the unmanned aircraft)
that are required for the pilot in command to operate safely
and efficiently in the national airspace system.
``(53) `UTM' means an unmanned aircraft traffic management
system or service.''.
Page 176, strike line 9 (and redesignate accordingly).
Page 176, after line 12, insert the following:
(3) 3 representatives, to be appointed by the Secretary, to
represent the various segments of the air ambulance industry.
At the end of subtitle A of title IV, insert the following:
SEC. 4__. ENHANCED TRAINING OF FLIGHT ATTENDANTS.
Section 44734(a) of title 49, United States Code, is
amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) dealing with allegations of sexual misconduct.''.
SEC. 4__. ADDRESSING SEXUAL MISCONDUCT ON FLIGHTS.
(a) Establishment of Working Group.--The Secretary of
Transportation shall establish a sexual misconduct incident
working group composed of aviation industry stakeholders,
relevant Federal agencies, national organizations that
specialize in providing services to victims of sexual
misconduct, labor organizations that represent relevant
aviation employees, and State and local law enforcement
agencies.
(b) Purpose of Working Group.--The purpose of the working
group shall be to develop best practices for--
(1) addressing sexual misconduct on flights;
(2) airline employee training; and
(3) protocols for law enforcement notification.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit a
report describing the best practices developed pursuant to
subsection (b) to the Secretary, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Sunset.--The working group established pursuant to
subsection (a) shall terminate 60 days after the submission
of the report pursuant to subsection (c).
At the end of subtitle B of title IV, insert the following:
SEC. 4__. AIRLINE PASSENGERS WITH DISABILITIES BILL OF
RIGHTS.
(a) In General.--Chapter 423 of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 42305. Airline Passengers With Disabilities Bill of
Rights
``(a) In General.--The Secretary of Transportation shall
develop a document, to be known as the `Airline Passengers
With Disabilities Bill of Rights', that describes in plain
language--
``(1) the basic responsibilities of covered carriers,
including their employees and contractors, under section
41705; and
``(2) the protections of air passengers with disabilities
under section 41705.
``(b) Content.--In developing the Bill of Rights, the
Secretary shall include, at a minimum, plain language
descriptions of responsibilities and protections provided in
law related to--
``(1) the right of passengers with disabilities to be
treated with dignity and respect;
``(2) the right of passengers with disabilities to receive
timely assistance, if requested, from properly trained
personnel of covered carriers and their contractors;
``(3) the right of passengers with disabilities to travel
with and stow wheelchairs, mobility aids, and other assistive
devices, including necessary medications and medical
supplies;
``(4) the right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability;
``(5) the right of passengers with disabilities to speak
with a complaint resolution officer or to file a complaint
with a covered carrier or the Department of Transportation;
and
``(6) the right of passengers with disabilities to
communications in an accessible format as required under
Federal regulations.
``(c) Rule of Construction.--The development of the Bill of
Rights may not be construed as expanding or restricting the
rights available to passengers with disabilities on the day
before the date of enactment of this section pursuant to any
statute or regulation.
``(d) Consultations.--In developing the Bill of Rights, the
Secretary shall consult with appropriate stakeholders,
including disability organizations and covered carriers.
``(e) Display.--Each covered carrier shall include the Bill
of Rights--
``(1) on a publicly available internet website of the
covered carrier; and
``(2) in any pre-flight notification or communication
provided to a passenger who alerts the covered carrier in
advance of the need for accommodations relating to a
disability.
``(f) Training.--Covered carriers shall submit to the
Secretary plans to ensure that their employees and
contractors receive training on the responsibilities and
protections described in the Bill of Rights. The Secretary
shall review such plans to ensure the plans address the
matters described in subsection (b).
``(g) Definitions.--In this section, the following
definitions apply:
``(1) Bill of rights.--The term `Bill of Rights' means the
`Airline Passengers With Disabilities Bill of Rights'
developed under subsection (a).
``(2) Covered carrier.--The term `covered carrier' means an
air carrier or foreign air carrier, as those terms are
defined in section 40102(a).''.
(b) Clerical Amendment.--The analysis for chapter 423 of
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``42305. Airline Passengers With Disabilities Bill of Rights.''.
SEC. 4__. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH
DISABILITIES.
Section 46301(a) of title 49, United States Code, is
further amended by adding at the end the following:
``(7) Penalties Relating to Harm to Passengers With
Disabilities.--
``(A) Penalty for bodily harm or damage to wheelchair or
other mobility aid.--The amount of a civil penalty assessed
under this section for a violation of section 41705 may be
increased above the otherwise applicable maximum amount under
this section to an amount not to exceed 3 times the maximum
civil penalty otherwise allowed if the violation involves--
``(i) injury to a passenger with a disability; or
``(ii) damage to the passenger's wheelchair or other
mobility aid.
``(B) Separate offences.--Notwithstanding paragraph (2), a
separate violation of section 41705 occurs for each act of
discrimination prohibited by that section.''.
SEC. 4__. HARMONIZATION OF SERVICE ANIMAL STANDARDS.
(a) Rulemaking.--The Secretary of Transportation shall
conduct a rulemaking proceeding--
(1) to define the term ``service animal'' for purposes of
air transportation; and
(2) to develop minimum standards for what is required for
service and emotional support animals carried in aircraft
cabins.
(b) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum--
(1) whether to align the definition of ``service animal''
with the definition of that term in regulations of the
Department of Justice implementing the Americans with
Disabilities Act of 1990 (Public Law 101-336);
(2) reasonable measures to ensure pets are not claimed as
service animals, such as--
(A) whether to require photo identification for a service
animal identifying the type of
[[Page H3639]]
animal, the breed of animal, and the service the animal
provides to the passenger;
(B) whether to require documentation indicating whether or
not a service animal was trained by the owner or an approved
training organization;
(C) whether to require, from a licensed physician,
documentation indicating the mitigating task or tasks a
service animal provides to its owner; and
(D) whether to allow a passenger to be accompanied by more
than 1 service animal;
(3) reasonable measures to ensure the safety of all
passengers, such as--
(A) whether to require health and vaccination records for a
service animal; and
(B) whether to require third-party proof of behavioral
training for a service animal;
(4) the impact additional requirements on service animals
could have on access to air transportation for passengers
with disabilities; and
(5) if impacts on access to air transportation for
passengers with disabilities are found, ways to eliminate or
mitigate those impacts.
(c) Final Rule.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
Page 188, strike lines 1 through 15.
Page 188, beginning on line 21, strike ``inserting'' and
all that follows through the period at the end and insert
``inserting `$155,000,000 for fiscal year 2018, $158,000,000
for fiscal year 2019, $161,000,000 for fiscal year 2020,
$165,000,000 for fiscal year 2021, $168,000,000 for fiscal
year 2022, and $172,000,000 for fiscal year 2023'.''.
Page 197, line 3, strike ``Section'' and insert the
following:
(a) Purpose and Input.--Section
Page 197, after line 17, insert the following:
(b) Military Operations Exclusion.--Section 804 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44501 note)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Military Operations Exclusion.--
``(1) In general.--The Administrator may not realign or
consolidate a combined TRACON and tower with radar facility
of the FAA under this section if, in 2015, the total annual
military operations at the facility comprised at least 40
percent of the total annual TRACON operations at the
facility.
``(2) TRACON defined.--In this subsection, the term
`TRACON' means terminal radar approach control.''.
Page 230, strike lines 12 and 13 and insert the following:
``United States Code, is amended by striking `and' and all
that follows through `administrative' and inserting `and
administrative'.''.
Page 243, line 20, strike ``(48)'' and insert ``(54)''.
Page 244, line 6, strike ``44737'' and insert ``44738''.
Page 244, in the matter following line 18, strike ``44737''
and insert ``44738''.
At the end of title V, add the following:
SEC. 5__. FAA EMPLOYEES IN GUAM.
(a) In General.--The Secretary of Transportation shall
enter into an agreement with the Secretary of Defense--
(1) to allow Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
access to Department of Defense hospitals located in Guam on
a space available basis; and
(2) to provide for payments by the Federal Aviation
Administration to the Department of Defense for the
administrative costs associated with--
(A) enrolling Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
in any Department of Defense system necessary to allow access
pursuant to paragraph (1); and
(B) billing an insurance company for any medical costs
incurred as a result of Federal Aviation Administration
employees, their spouses, or their dependent children
accessing and receiving medical treatment or services at a
Department of Defense hospital located in Guam.
(b) Funds Subject to Appropriations.--Funds for payments by
the Federal Aviation Administration described in subsection
(a)(2) are subject to the availability of amounts
specifically provided in advance for that purpose in
appropriations Acts.
SEC. 5__. CLARIFICATION OF REQUIREMENTS FOR LIVING HISTORY
FLIGHTS.
(a) In General.--Notwithstanding any other law or
regulation, in administering sections 61.113(c), 91.9,
91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 119.21(a)
of title 14, Code of Federal Regulations (or any successor
regulations), the Administrator of the Federal Aviation
Administration shall allow an aircraft owner or operator to
accept monetary or in-kind donations for a flight operated by
a living history flight experience provider, if the aircraft
owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight
operation is for charitable purposes and is not subject to
the same requirements as a commercial flight.
(b) Conditions To Ensure Public Safety.--The Administrator,
consistent with current standards of the Administration for
such operations, shall impose minimum standards with respect
to training and flight hours for operations conducted by an
owner or operator of an aircraft providing living history
flight experience operations, including mandating that the
pilot in command of such aircraft hold a commercial pilot
certificate with instrument rating and be current and
qualified with respect to all ratings or authorizations
applicable to the specific aircraft being flown to ensure the
safety of flight operations described in subsection (a).
(c) Living History Flight Experience Provider Defined.--In
this section, the term ``living history flight experience
provider'' means an aircraft owner, aircraft operator, or
organization that provides, arranges, or otherwise fosters
living history flight experiences for the purpose of
fulfilling its mission.
SEC. 5__. FAA ORGANIZATIONAL REFORM.
(a) Chief Technology Officer.--Section 106(s) of title 49,
United States Code, is amended to read as follows:
``(s) Chief Technology Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Technology
Officer appointed by the Chief Operating Officer, with the
approval of the Secretary. The Chief Technology Officer shall
report directly to the Chief Operating Officer and shall be
subject to the authority of the Chief Operating Officer.
``(B) Minimum qualifications.--The Chief Technology Officer
shall have--
``(i) at least 10 years experience in engineering
management or another relevant technical management field;
and
``(ii) knowledge of or experience in the aviation industry.
``(C) Removal.--The Chief Technology Officer shall serve at
the pleasure of the Chief Operating Officer.
``(D) Restriction.--The Chief Technology Officer may not
also be the Deputy Administrator.
``(2) Responsibilities.--The responsibilities of the Chief
Technology Officer shall include--
``(A) ensuring the proper operation, maintenance, and
cybersecurity of technology systems relating to the air
traffic control system across all program offices of the
Administration;
``(B) coordinating the implementation, operation,
maintenance, and cybersecurity of technology programs
relating to the air traffic control system with the aerospace
industry and other Federal agencies;
``(C) reviewing and providing advice to the Secretary, the
Administrator, and the Chief Operating Officer on the
Administration's budget, cost accounting system, and benefit-
cost analyses with respect to technology programs relating to
the air traffic control system;
``(D) consulting with the Administrator on the Capital
Investment Plan of the Administration prior to its submission
to Congress;
``(E) developing an annual air traffic control system
technology operation and maintenance plan that is consistent
with the annual performance targets established under
paragraph (4); and
``(F) ensuring that the air traffic control system
architecture remains, to the maximum extent practicable,
flexible enough to incorporate future technological advances
developed and directly procured by aircraft operators.
``(3) Compensation.--
``(A) In general.--The Chief Technology Officer shall be
paid at an annual rate of basic pay to be determined by the
Secretary, in consultation with the Chief Operating Officer.
The annual rate may not exceed the annual compensation paid
under section 102 of title 3. The Chief Technology Officer
shall be subject to the postemployment provisions of section
207 of title 18 as if the position of Chief Technology
Officer were described in section 207(c)(2)(A)(i) of that
title.
``(B) Bonus.--In addition to the annual rate of basic pay
authorized by subparagraph (A), the Chief Technology Officer
may receive a bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay, based upon the
Secretary's evaluation of the Chief Technology Officer's
performance in relation to the performance targets
established under paragraph (4).
``(4) Annual performance targets.--
``(A) In general.--The Administrator and the Chief
Operating Officer, in consultation with the Chief Technology
Officer, shall establish measurable annual performance
targets for the Chief Technology Officer in key operational
areas.
``(B) Report.--The Administrator shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the
annual performance targets established under subparagraph
(A).
``(5) Annual performance report.--The Chief Technology
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate an annual report containing--
``(A) detailed descriptions and metrics of how successful
the Chief Technology Officer was in meeting the annual
performance targets established under paragraph (4); and
``(B) other information as may be requested by the
Administrator and the Chief Operating Officer.''.
[[Page H3640]]
(b) Conforming Amendments.--
(1) Section 709(a)(3)(L) of the Vision 100-Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) is
amended by striking ``Chief NextGen Officer'' and inserting
``Chief Technology Officer''.
(2) Section 804(a)(4)(A) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44501 note) is amended by
striking ``Chief NextGen Officer'' and inserting ``Chief
Technology Officer''.
SEC. 5__. INTRA-AGENCY COORDINATION.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Transportation shall direct the
Administrator of the Federal Aviation Administration and the
Chief Operating Officer of the Air Traffic Organization to
implement policies that--
(1) designate the Associate Administrator for Commercial
Space Transportation as the primary liaison between the
commercial space transportation industry and the
Administration;
(2) recognize the necessity of, and set forth processes
for, launch license and permit holder coordination with the
Air Traffic Organization on matters including--
(A) the use of air navigation facilities;
(B) airspace safety; and
(C) planning of commercial space launch and launch support
activities;
(3) designate a single point of contact within the Air
Traffic Organization who is responsible for--
(A) maintaining letters of agreement between a launch
license or permit holder and a Federal Aviation
Administration facility;
(B) making such letters of agreement available to the
Associate Administrator for Commercial Space Transportation;
(C) ensuring that a facility that has entered into such a
letter of agreement is aware of and fulfills its
responsibilities under the letter; and
(D) liaising between the Air Traffic Organization and the
Associate Administrator for Commercial Space Transportation
on any matter relating to such a letter of agreement; and
(4) require the Associate Administrator for Commercial
Space Transportation to facilitate, upon the request of a
launch license or permit holder--
(A) coordination between a launch license and permit holder
and the Air Traffic Organization; and
(B) the negotiation of letters of agreement between a
launch license or permit holder and a Federal Aviation
Administration facility or the Air Traffic Organization.
SEC. 5__. FAA CIVIL AVIATION REGISTRY UPGRADE.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall complete covered upgrades of
the Administration's Civil Aviation Registry (in this section
referred to as the ``Registry'').
(b) Covered Upgrade Defined.--In this section, the term
``covered upgrades'' means--
(1) the digitization of nondigital Registry information,
including paper documents, microfilm images, and photographs,
from an analog or nondigital format to a digital format;
(2) the digitalization of Registry manual and paper-based
processes, business operations, and functions by leveraging
digital technologies and a broader use of digitized data;
(3) the implementation of systems allowing a member of the
public to submit any information or form to the Registry and
conduct any transaction with the Registry by electronic or
other remote means; and
(4) allowing more efficient, broader, and remote access to
the Registry.
(c) Applicability.--The requirements of subsection (a)
shall apply to the entire Civil Aviation Registry, including
the Aircraft Registration Branch and the Airmen Certification
Branch.
(d) Manual Surcharge.--Chapter 453 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 45306. Manual surcharge
``(a) In General.--Not later 6 months after the date of
enactment of the FAA Reauthorization Act of 2018, the
Administrator shall impose and collect a surcharge on a Civil
Aviation Registry transaction that--
``(1) is conducted in person at the Civil Aviation
Registry;
``(2) could be conducted, as determined by the
Administrator, with the same or greater level of efficiency
by electronic or other remote means; and
``(3) is not related to research or other non-commercial
activities.
``(b) Maximum Surcharge.--A surcharge imposed and collected
under subsection (a) shall not exceed twice the maximum fee
the Administrator is authorized to charge for the
registration of an aircraft, not used to provide air
transportation, after the transfer of ownership under section
45302(b)(2).
``(c) Credit to Account and Availability.--Monies collected
from a surcharge imposed under subsection (a) shall be
treated as monies collected under section 45302 and subject
to the terms and conditions set forth in section 45302(d).''.
(e) Report.--Not later than 1 year after date of enactment
of this Act, and annually thereafter until the covered
upgrades required under subsection (a) are complete, the
Administrator shall submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate describing--
(1) the schedule for the covered upgrades to the Registry;
(2) the office responsible for the implementation of the
such covered upgrades;
(3) the metrics being used to measure progress in
implementing the covered upgrades; and
(4) the status of the covered upgrades as of the date of
the report.
SEC. 5__. REGULATORY STREAMLINING.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue a final regulation revising section 121.333(c)(3)
of title 14, Code of Federal Regulations, to apply only to
flight altitudes above flight level 410.
SEC. 5__. ADMINISTRATIVE SERVICES FRANCHISE FUND.
(a) In General.--Not later than 30 days after the date of
enactment of this section, the inspector general of the
Department of Transportation shall initiate an audit of the
Administrative Services Franchise Fund of the FAA (in this
section referred to as the ``Franchise Fund'').
(b) Considerations.--In conducting the audit pursuant to
subsection (a), the inspector general shall--
(1) review the history, intended purpose, and objectives of
the Franchise Fund;
(2) describe and assess each program, service, or activity
that uses the Franchise Fund, including--
(A) the agencies or government bodies that use each
program, service, or activity;
(B) the number of employees, including full-time
equivalents and contractors, associated with each program,
service, or activity;
(C) the costs associated with the employees described in
subparagraph (B) and the extent to which such costs are
covered by Federal appropriations or Franchise Fund revenue;
(D) the revenue, expenses, and profits or losses associated
with each program, service, or activity;
(E) overhead rates associated with each program, service,
or activity; and
(F) a breakdown of the revenue collected from services
provided to the FAA, Department of Transportation, other
Federal entities, and non-Federal entities;
(3) assess the FAA's governance and oversight of the
Franchise Fund and the programs, service, and activities that
use the Franchise Fund, including the use of internal and
publicly available performance metrics;
(4) evaluate the current and historical unobligated and
unexpended balances of the Franchise Fund; and
(5) assess the degree to which FAA policies and controls
associated with the Franchise Fund conform with generally
accepted accounting principles, Federal policies, best
practices, or other guidance relating to revolving funds.
(c) Report.--Not later than 180 days after the date of
initiation of the audit described in subsection (a), the
Inspector General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
audit, including findings and recommendations.
(d) Definition.--In this section, the term ``FAA'' means
the Federal Aviation Administration.
SEC. 5__. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION.
(a) FAA Report.--Not later than 180 days after the date of
enactment of this Act, the Chief Operating Officer of the
Federal Aviation Administration shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the
multiyear effort of the Administration to modernize the air
transportation system (in this section referred to as the
``modernization effort''), including--
(1) the number of years that the modernization effort has
been underway as of the date of the report;
(2) the total amount of money expended on the modernization
effort as of the date of the report (including a description
of how that amount was calculated);
(3) the net present value of the benefits reported from
aircraft operators resulting from the money expended on the
modernization effort as of the date of the report;
(4) a definition for the Next Generation Air Transportation
System (in this section referred to as ``NextGen''),
including a description of any changes to that definition
that occurred between 2003 and the date of the report;
(5) the net present value of the money expended on NextGen
as of the date of the report if such money had been deposited
into a Government trust fund instead of being expended on
NextGen;
(6) a description of the benefits promised and benefits
delivered with respect to NextGen as of the date of the
report;
(7) any changes to the benefits promised with respect to
NextGen between the date on which NextGen began and the date
of the report;
(8) a description of each program or project that comprises
NextGen, including--
(A) when the program or project was initiated;
[[Page H3641]]
(B) the total budget for the program or project;
(C) the initial budget for the program or project;
(D) the acquisition program baseline for the program or
project;
(E) whether the program or project has ever breached the
acquisition program baseline and, if so, a description of
when, why, and how the breach was resolved;
(F) whether the program or project has been re-baselined or
divided into smaller segments and, if so, a description of
when, why, and the impact to the cost of the program or
project;
(G) the initial schedule for the program or project;
(H) whether the program or project was delayed and, if so,
a description of how long, why, and the impact to the cost of
the program or project;
(I) whether the Administration changed any contract term or
deliverable for the program or project and, if so, a
description of the change, why it happened, and the impact to
the cost of the program or project;
(J) benefits promised with respect to the program or
project at initiation;
(K) benefits delivered with respect to the program or
project as of the date of the report;
(L) whether the program or project was cancelled and, if
so, a description of why and when;
(M) for cancelled programs or projects, whether there were
any costs associated with the decision to cancel and, if so,
a description of the amount of the costs (including for both
the Administration and the private sector);
(N) the metrics, milestones, and deadlines set for the
program or project and how the Administration tracked and
ensured compliance with those metrics, milestones, and
deadlines;
(O) how the Administration conducted oversight of the
program or project and any related stakeholder collaboration
efforts; and
(P) the status of the program or project as of the date of
the report;
(9) the date upon which, or milestone by which, the
Administration anticipates NextGen will be complete; and
(10) any lessons learned during the NextGen effort, and
whether, how, and to what effect those lessons have been
applied.
(b) Inspector General Report.--Not later than 270 days
after the date on which the report required under subsection
(a) is submitted, the inspector general of the Department of
Transportation shall review the report and submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a statement of the inspector
general that--
(1) determines the accuracy of the information reported;
(2) describes any concerns with the accuracy of the
information reported;
(3) summarizes concerns raised by the inspector general,
the Government Accountability Office, and other sources with
respect to the Administration's implementation and oversight
of NextGen since the date on which NextGen began;
(4) describes--
(A) any pertinent recommendations made by the inspector
general related to the Administration's implementation and
oversight of NextGen since the date on which NextGen began;
and
(B) whether and how the Administration addressed the
recommendations; and
(5) provides any other information that the inspector
general determines is appropriate.
SEC. 5__. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST.
Section 211(b) of the FAA Modernization and Reform Act (49
U.S.C. 40101 note) is repealed. The Administrator of the
Federal Aviation Administration shall ensure that any
regulation issued pursuant to such subsection has no force or
effect.
SEC. 5__. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK
FORCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a Youth Access to
American Jobs in Aviation Task Force (in this section
referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after its
establishment under subsection (a), the Task Force shall
develop and submit to the Administrator recommendations and
strategies for the Administration to--
(1) facilitate and encourage high school students in the
United States, beginning in their junior year, to enroll in
and complete career and technical education courses,
including STEM, that would prepare them to enroll in a course
of study related to an aviation career at an institution of
higher education, including a community college or trade
school;
(2) facilitate and encourage the students described in
paragraph (1) to enroll in a course of study related to an
aviation career, including aviation manufacturing,
engineering and maintenance, at an institution of higher
education, including a community college or trade school; and
(3) identify and develop pathways for students who complete
a course of study described in paragraph (2) to secure
registered apprenticeships, workforce development programs,
or careers in the aviation industry of the United States.
(c) Considerations.--When developing recommendations and
strategies under subsection (b), the Task Force shall--
(1) identify industry trends that encourage or discourage
youth in the United States from pursuing careers in aviation;
(2) consider how the Administration; air carriers;
aircraft, powerplant, and avionics manufacturers; aircraft
repair stations; and other aviation stakeholders can
coordinate efforts to support youth in pursuing careers in
aviation;
(3) identify methods of enhancing aviation apprenticeships,
job skills training, mentorship, education, and outreach
programs that are exclusive to youth in the United States;
and
(4) identify potential sources of government and private
sector funding, including grants and scholarships, that may
be used to carry out the recommendations and strategies
described in subsection (b) and to support youth in pursuing
careers in aviation.
(d) Report.--Not later than 30 days after submission of the
recommendations and strategies under subsection (b), the Task
Force shall submit to the Committee on Transportation and
Infrastructure in the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report outlining such recommendations and
strategies.
(e) Composition of Task Force.--The Administrator shall
appoint members of the Task Force, including representatives
from the following:
(1) Air carriers.
(2) Aircraft, powerplant, and avionics manufacturers.
(3) Aircraft repair stations.
(4) Local educational agencies or high schools.
(5) Institutions of higher education, including community
colleges and aviation trade schools.
(6) Such other aviation and educational stakeholders and
experts as the Administrator considers appropriate.
(f) Period of Appointment.--Members shall be appointed to
the Task Force for the duration of the existence of the Task
Force.
(g) Compensation.--Task Force members shall serve without
compensation.
(h) Sunset.--The Task Force shall terminate upon the
submittal of the report pursuant to subsection (d).
(i) Definition of STEM.--The term ``STEM'' means--
(1) science, technology, engineering, and mathematics; and
(2) other career and technical education subjects that
build on the subjects described in paragraph (1).
SEC. 5__. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
(a) In General.--Section 47134 of title 49, United States
Code, is amended--
(1) by striking the section heading and inserting ``Airport
investment partnership program'';
(2) in subsection (b), by striking ``, with respect to not
more than 10 airports,'';
(3) in subsection (b)(2), by striking ``The Secretary may
grant an exemption to a sponsor'' and inserting ``If the
Secretary grants an exemption to a sponsor pursuant to
paragraph (1), the Secretary shall grant an exemption to the
sponsor'';
(4) in subsection (b)(3), by striking ``The Secretary may
grant an exemption to a purchaser or lessee'' and inserting
``If the Secretary grants an exemption to a sponsor pursuant
to paragraph (1), the Secretary shall grant an exemption to
the corresponding purchaser or lessee'';
(5) by striking subsection (d) and inserting the following:
``(d) Program Participation.--
``(1) Multiple airports.--The Secretary may consider
applications under this section submitted by a public airport
sponsor for multiple airports under the control of the
sponsor.
``(2) Partial privatization.--A purchaser or lessee may be
an entity in which a sponsor has an interest.''; and
(6) by striking subsections (l) and (m) and inserting the
following:
``(l) Predevelopment Limitation.--A grant to an airport
sponsor under this subchapter for predevelopment planning
costs relating to the preparation of an application or
proposed application under this section may not exceed
$750,000 per application or proposed application.''.
(b) Airport Development.--Section 47102(3) of title 49,
United States Code, is amended by adding at the end the
following:
``(P) predevelopment planning, including financial, legal,
or procurement consulting services, related to an application
or proposed application for an exemption under section
47134.''.
(c) Clerical Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking the item
relating to section 47134 and inserting the following:
``47134. Airport investment partnership program.''.
SEC. 5__. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT
SYSTEM.
(a) Establishment of Advisory Panel.--Not later than 90
days after the date of enactment of this section, the
Secretary of Transportation shall establish an advisory panel
comprising no more than 7 independent, nongovernmental
experts in budget, finance, or personnel management to review
and evaluate the effectiveness of the FAA's personnel
management system and performance management program for
employees
[[Page H3642]]
not covered by collective bargaining agreements.
(b) Review, Evaluation, and Recommendations.--The advisory
panel shall, at a minimum--
(1) review all appropriate FAA orders, policies,
procedures, guidance, and the Human Resources Policy Manual;
(2) review any applicable reports regarding FAA's personnel
management system, including reports of the Department of
Transportation Office of Inspector General, Government
Accountability Office, and National Academy of Public
Administration, and determine the status of recommendations
made in those reports;
(3) review the personnel management system of any other
agency or governmental entity with a similar system to the
FAA for best practices with regard to personnel management;
(4) assess the unique personnel authorities granted to the
FAA, determine whether the FAA has taken full advantage of
those authorities, and identify those authorities the FAA has
not fully taken advantage of;
(5) review and determine the overall effectiveness of the
FAA's compensation, bonus pay, performance metrics, and
evaluation processes for employees not covered by collective
bargaining agreements;
(6) review whether existing performance metrics and bonus
pay practices align with the FAA's mission and significantly
improve the FAA's provision of air traffic services,
implementation of air traffic control modernization
initiatives, and accomplishment of other FAA operational
objectives;
(7) identify the highest, lowest, and average complete
compensation for each position of employees not covered by
collective bargaining agreements;
(8) survey interested parties and stakeholders, including
representatives of the aviation industry, for their views and
recommendations regarding improvements to the FAA's personnel
management system and performance management program;
(9) develop recommendations to address the findings of the
work done pursuant to paragraphs (1) through (7), and to
address views and recommendations raised by interested
parties pursuant to paragraph (8); and
(10) develop recommendations to improve the FAA's personnel
management system and performance management program,
including the compensation, bonus pay, performance metrics,
and evaluation processes, for employees not covered by
collective bargaining agreements.
(c) Report.--Not later than 1 year after initiating the
review and evaluation pursuant to subsection (a), the
advisory panel shall submit a report on the results of the
review and evaluation and its recommendations to the
Secretary, the Administrator, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate.
(d) Report to Congress.--Not later than 3 months after
submittal of the report pursuant to subsection (c), the
Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the
findings of the advisory panel that--
(1) contains an explanation of how the Administrator will
implement the recommendations of the advisory panel and
measure the effectiveness of the recommendations; and
(2) specifies any recommendations that the Administrator
will not implement and the reasons for not implementing such
recommendations.
(e) Authority.--Notwithstanding any other provision of law,
the Administrator has the authority to put in place any
recommendations of the advisory panel.
(f) Sunset.--The advisory panel shall terminate on the date
that is 60 days after the transmittal of the report pursuant
to subsection (d).
(g) Definition.--In this section, the term ``FAA'' means
the Federal Aviation Administration.
SEC. 5__. CONTRACT WEATHER OBSERVERS.
Section 2306(b) of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 641) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 5__. REGIONS AND CENTERS.
(a) In General.--Section 44507 of title 49, United States
Code, is amended--
(1) by striking the section heading and inserting ``Regions
and centers'';
(2) by striking ``The Civil Aeromedical Institute'' and
inserting the following:
``(a) Civil Aeromedical Institute.--The Civil Aeromedical
Institute''; and
(3) by adding at the end the following:
``(b) William J. Hughes Technical Center.--The Secretary of
Transportation shall define the roles and responsibilities of
the William J. Hughes Technical Center in a manner that is
consistent with the defined roles and responsibilities of the
Civil Aeromedical Institute under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 445 of
title 49, United States Code, is amended by striking the item
relating to section 44507 and inserting the following:
``44507. Regions and centers.''.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Pennsylvania (Mr. Shuster) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Chairman, I rise in support of the manager's
amendment. A vote for this amendment is a vote for positive change. A
vote against it would be a real missed opportunity to make the bill
better.
This amendment enhances the training of flight attendants so they are
better equipped to deal with sexual misconduct. It also establishes
working groups to develop best practices on how to address sexual
misconduct on flights and improve airline employee training.
The amendment addresses an issue which is important to the traveling
public and our constituents, and to each of us, in a thoughtful and
respectful way.
The amendment adds to the provisions included in H.R. 4 to improve
the air travel experience of disabled Americans. It establishes an
Airline Passengers with Disabilities Bill of Rights to clarify the
rights of passengers with disabilities and the responsibilities of
airlines and airports.
The amendment also strengthens the civil penalties for violations
that involve injury to a passenger with a disability or damage to a
passenger's wheelchair or other mobility aid.
Finally, the amendment will make it better for both passengers and
service animals by harmonizing standards. This will provide much-needed
clarity in an area where there is real confusion.
We worked closely with organizations representing persons with
disabilities, as well as with the airline industry, and I want to thank
all those who were willing to come to the table to make those
improvements.
Last week, we witnessed a tragedy when an engine exploded in midair,
killing a passenger. A far bigger tragedy was averted thanks again to
the professionalism of the flight crew and to the pilot, which I talked
about earlier.
The same airline experienced a similar incident 2 years ago, and
while the FAA and industry have begun inspections, we must ensure that
the airline engine safety is thoroughly assessed, and this amendment
mandates a call to action to bring relevant people together to examine
and address any risk associated with airline engines.
The amendment also requires a deep-dive study of general aviation.
This sector of aviation has the highest number of accidents, injuries,
and fatalities.
While general aviation safety has improved in recent years, in fiscal
year 2016, there were still 213 fatal accidents and 379 fatalities.
We must improve the safety of the general aviation community. They
share the skies with other airspace users and operate above our
neighborhoods. We can and must do better.
Again, the amendment also provides for the direction on how the FAA
should spend the additional general fund, operations, airport
infrastructure, and F&E money in 2019 and thereafter.
It also revises the FAA authorization levels to reflect the updated
CBO baselines for fiscal year 2018.
In response to the drone sightings around airports, the amendment
makes counter-drone systems AIP eligible.
It makes improvement to the Airport Investment Partnership Program so
that we can leverage private sector money for our airport
infrastructure needs.
There are some good government reforms in here. The amendment repeals
a costly mandate for aircraft avionics that have not yet proven to be
beneficial. This will relieve a future burden on aircraft operators.
The amendment would bring certain FAA processes into the digital age
and review agency practices.
Some other important changes are:
The amendment authorizes expenditures for commercial space
transportation activities of the FAA;
It also requires better intra-FAA coordination on commercial space
transportation's use of the national airspace and addresses the
industry's support aircraft;
Commercial space transportation operators, like other users of the
airspace, must coordinate and follow instructions of air traffic
controllers;
Air traffic controllers keep us moving safely across this country,
but they
[[Page H3643]]
also work in far-off places, including Guam. This amendment requires
the FAA workers to work with the Department of Defense so that these
folks and their families can get good medical care on the island of
Guam;
Finally, the amendment establishes the Youth in Aviation Task Force
to attract young people to aviation jobs. This is critical to ensure
that our aviation system prospers in the years ahead.
Mr. Chairman, this amendment is a good amendment, it has bipartisan
support and will improve the underlying bill. I urge all Members to
support the amendment, and I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, I certainly support the amendment offered
by the gentleman. He listed a number of provisions. I don't want to be
repetitive, but I think the call to action regarding uncontained
airliner engine failures is critical. That is actually the second
uncontained failure of that engine with Southwest Airlines in 18
months, which means that somewhere turbine blades are not a life-
limited part. There is something amiss in the manufacturing process,
and we need to get to the bottom of that.
We also need to be sure that the proper testing is being done to
ensure their integrity as the planes continue to fly.
It also has some language regarding incidents of sexual misconduct on
flights I support, but I am preparing and will offer a broader stand-
alone provision bill on that subject in the near future.
It modestly increases funding levels for aviation programs and
includes a $1 billion annual infusion from the general fund for certain
AIP projects, principally for small airports in rural communities.
This falls far short of meeting the needs of all airports and all the
gates and terminal work we need, as I mentioned earlier in discussing
the lack of a PFC in this bill.
Finally, it creates a newly named position in the FAA, that would be
chief technology officer. Currently, the department administrator acts
as the chief technology officer. So I am not quite certain what that
accomplishes, but I will certainly look forward to monitoring that
position and the progress and reports on NextGen that that person
produces in the near future.
Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentleman from
Missouri (Mr. Graves), the chairman of the Subcommittee on Highways and
Transit, our general aviation pilot.
Mr. GRAVES of Missouri. Mr. Chairman, I thank the chairman for his
work on putting together a long-term bill.
Mr. Chairman, one of the priorities which was included in the
manager's amendment is a program to invest in our small airports.
As part of the increased investment in transportation programs that
was provided in the fiscal year 2018 omnibus, we provided an additional
$1 billion to the FAA in discretionary grants to small airports. Now
airports across the country are going to have the opportunity to
compete for additional dollars to carry out the larger projects.
We also have some very important accountability measures. As such, we
are asking to review all the FAA's efforts to date on NextGen. This is
pure and simple accountability to ensure our tax dollars are being
spent to execute the important goals of NextGen.
Mr. Chairman, I ask all of my colleagues to support the manager's
amendment, obviously, and the underlying bill. This is a good bill.
Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentlewoman from
Florida (Ms. Frankel), a member of the Committee on Transportation and
Infrastructure.
Ms. FRANKEL of Florida. Mr. Chairman, I thank the leadership of this
committee for their work.
Mr. Chairman, I rise to support the en bloc amendment, and I wanted
to specifically mention a provision that is very important to the folks
who are in Palm Beach County and also Bedminster, New Jersey, which is
this constituency of Mr. Lance.
Mr. Chairman, regardless of what your political ideology is, it is
very important for the President to be safe whenever he travels, and
this often results in travel restrictions in the locality he visits.
In terms of my locality, Palm Beach County, Florida, Mr. Trump has
spent 70 days this year at Mar-a-Lago, dubbed as the winter White
House. But here is what happens when he visits a small business
operating airport called Lantana Airport, which is 10 miles from Mar-a-
Lago: It is completely shut down, which means basically there is a lot
of lost income. It is estimated almost $1 million a year.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. DeFAZIO. Mr. Chairman, I yield an additional 1 minute to the
gentlewoman.
Ms. FRANKEL of Florida. Mr. Chairman, if you translate that out, that
would be $4 million.
As I said, the President's safety is paramount, and the impact to the
local business is a problem. So there is a provision in this amendment
that requires the FAA to study the economic impact of flight
restrictions, which I think is a good thing, and to analyze the
possibilities of some other options.
Mr. Chairman, again, I do support this amendment.
Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
Mr. SHUSTER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Shuster).
The amendment was agreed to.
The Acting CHAIR. The Committee will rise informally.
The Speaker pro tempore (Mr. Gosar) assumed the chair.
____________________