[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3740-3798]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3460. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; as follows:

       On page 89, line 3, insert ``and any operational history of 
     the person, as appropriate'' before the period at the end.
                                 ______
                                 
  SA 3461. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 302, strike line 17 and all that follows 
     through page 304, line 21 and insert the following:
       (a) Assessment.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall assess--
       (1) Administration and industry readiness to meet the ADS-B 
     mandate by 2020;
       (2) changes to ADS-B program since May 2010; and
       (3) additional options to comply with the mandate and 
     consequences, both for individual system users and for the 
     overall safety and efficiency of the national airspace 
     system, for noncompliance.
       (b) Report.--Not later than 60 days after the date the 
     assessment under subsection (a) is complete, the Inspector 
     General of the Department of Transportation shall submit to 
     the appropriate committees of Congress a report on the 
     progress made toward meeting the ADS-B mandate by 2020, 
     including any recommendations of the Inspector General to 
     carry out such mandate.
                                 ______
                                 
  SA 3462. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 265, lines 19 and 20, strike ``(and any other 
     victim of the accident, including any victim on the ground)'' 
     and insert ``and the families of any other victim of the 
     aircraft accident, including any victim on the ground,''.
       On page 266, strike line 19 and all that follows through 
     ``(D)'' on line 21, and insert the following:
       (C) in paragraph (9), by inserting ``and the families of 
     any other victim of the aircraft accident, including any 
     victim on the ground,'' after ``nonrevenue passengers'';
       (D) in paragraph (16), by striking ``major'' and inserting 
     ``any''; and
       (E)
                                 ______
                                 
  SA 3463. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 130, between lines 18 and 19, insert the following:
       (iv) facilities that store or utilize nuclear material; and
                                 ______
                                 
  SA 3464. Mr. THUNE (for himself and Mr. Nelson) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Aviation Administration Reauthorization Act of 2016''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Definition of appropriate committees of Congress.
Sec. 4. Effective date.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

Sec. 1001. Airport planning and development and noise compatibility 
              planning and programs.
Sec. 1002. Air navigation facilities and equipment.
Sec. 1003. FAA operations.
Sec. 1004. FAA research and development.
Sec. 1005. Funding for aviation programs.
Sec. 1006. Extension of expiring authorities.

         Subtitle B--Airport Improvement Program Modifications

Sec. 1201. Small airport regulation relief.
Sec. 1202. Priority review of construction projects in cold weather 
              States.
Sec. 1203. State block grants updates.
Sec. 1204. Contract Tower Program updates.
Sec. 1205. Approval of certain applications for the contract tower 
              program.
Sec. 1206. Remote towers.
Sec. 1207. Midway Island airport.
Sec. 1208. Airport road funding.
Sec. 1209. Repeal of inherently low-emission airport vehicle pilot 
              program.
Sec. 1210. Modification of zero-emission airport vehicles and 
              infrastructure pilot program.
Sec. 1211. Repeal of airport ground support equipment emissions 
              retrofit pilot program.
Sec. 1212. Funding eligibility for airport energy efficiency 
              assessments.
Sec. 1213. Recycling plans; safety projects at unclassified airports.
Sec. 1214. Transfers of instrument landing systems.
Sec. 1215. Non-movement area surveillance pilot program.
Sec. 1216. Amendments to definitions.
Sec. 1217. Clarification of noise exposure map updates.
Sec. 1218. Provision of facilities.
Sec. 1219. Contract weather observers.
Sec. 1220. Federal share adjustment.
Sec. 1221. Miscellaneous technical amendments.
Sec. 1222. Mothers' rooms at airports.
Sec. 1223. Eligibility for airport development grants at airports that 
              enter into certain leases with components of the Armed 
              Forces.
Sec. 1224. Clarification of definition of aviation-related activity for 
              hangar use.
Sec. 1225. Use of airport improvement program funds for runway safety 
              repairs.

[[Page 3741]]

                 Subtitle C--Passenger Facility Charges

Sec. 1301. PFC streamlining.
Sec. 1302. Intermodal access projects.
Sec. 1303. Use of revenue at a previously associated airport.
Sec. 1304. Future aviation infrastructure and financing study.

                            TITLE II--SAFETY

              Subtitle A--Unmanned Aircraft Systems Reform

Sec. 2001. Definitions.

                    PART I--Privacy and Transparency

Sec. 2101. Unmanned aircraft systems privacy policy.
Sec. 2102. Sense of Congress.
Sec. 2103. Federal Trade Commission authority.
Sec. 2104. National Telecommunications and Information Administration 
              multi-stakeholder process.
Sec. 2105. Identification standards.
Sec. 2106. Commercial and governmental operators.
Sec. 2107. Analysis of current remedies under Federal, State, and local 
              jurisdictions.

                   PART II--Unmanned Aircraft Systems

Sec. 2121. Definitions.
Sec. 2122. Utilization of unmanned aircraft system test sites.
Sec. 2123. Additional research, development, and testing.
Sec. 2124. Safety standards.
Sec. 2125. Unmanned aircraft systems in the Arctic.
Sec. 2126. Special authority for certain unmanned aircraft systems.
Sec. 2127. Additional rulemaking authority.
Sec. 2128. Governmental unmanned aircraft systems.
Sec. 2129. Special rules for model aircraft.
Sec. 2130. Unmanned aircraft systems aeronautical knowledge and safety.
Sec. 2131. Safety statements.
Sec. 2132. Treatment of unmanned aircraft operating underground.
Sec. 2133. Enforcement.
Sec. 2134. Aviation emergency safety public services disruption.
Sec. 2135. Pilot project for airport safety and airspace hazard 
              mitigation.
Sec. 2136. Contribution to financing of regulatory functions.
Sec. 2137. Sense of Congress regarding small UAS rulemaking.
Sec. 2138. Unmanned aircraft systems traffic management.
Sec. 2139. Emergency exemption process.
Sec. 2140. Public uas operations by tribal governments.
Sec. 2141. Carriage of property by small unmanned aircraft systems for 
              compensation or hire.
Sec. 2142. Collegiate Training Initiative program for unmanned aircraft 
              systems.

              PART III--Transition and Savings Provisions

Sec. 2151. Senior advisor for unmanned aircraft systems integration.
Sec. 2152. Effect on other laws.
Sec. 2153. Spectrum.
Sec. 2154. Applications for designation.
Sec. 2155. Use of unmanned aircraft systems at institutions of higher 
              education.
Sec. 2156. Transition language.

              Subtitle B--FAA Safety Certification Reform

                       PART I--General Provisions

Sec. 2211. Definitions.
Sec. 2212. Safety oversight and certification advisory committee.

                 PART II--Aircraft Certification Reform

Sec. 2221. Aircraft certification performance objectives and metrics.
Sec. 2222. Organization designation authorizations.
Sec. 2223. ODA review.
Sec. 2224. Type certification resolution process.
Sec. 2225. Safety enhancing technologies for small general aviation 
              airplanes.
Sec. 2226. Streamlining certification of small general aviation 
              airplanes.

                   PART III--Flight Standards Reform

Sec. 2231. Flight standards performance objectives and metrics.
Sec. 2232. FAA task force on flight standards reform.
Sec. 2233. Centralized safety guidance database.
Sec. 2234. Regulatory Consistency Communications Board.
Sec. 2235. Flight standards service realignment feasibility report.
Sec. 2236. Additional certification resources.

                       PART IV--Safety Workforce

Sec. 2241. Safety workforce training strategy.
Sec. 2242. Workforce study.

                     PART V--International Aviation

Sec. 2251. Promotion of United States aerospace standards, products, 
              and services abroad.
Sec. 2252. Bilateral exchanges of safety oversight responsibilities.
Sec. 2253. FAA leadership abroad.
Sec. 2254. Registration, certification, and related fees.

          Subtitle C--Airline Passenger Safety and Protections

Sec. 2301. Pilot records database deadline.
Sec. 2302. Access to air carrier flight decks.
Sec. 2303. Aircraft tracking and flight data.
Sec. 2304. Automation reliance improvements.
Sec. 2305. Enhanced mental health screening for pilots.
Sec. 2306. Flight attendant duty period limitations and rest 
              requirements.
Sec. 2307. Training to combat human trafficking for certain air carrier 
              employees.
Sec. 2308. Report on obsolete test equipment.
Sec. 2309. Plan for systems to provide direct warnings of potential 
              runway incursions.
Sec. 2310. Laser pointer incidents.
Sec. 2311. Helicopter air ambulance operations data and reports.
Sec. 2312. Part 135 accident and incident data.
Sec. 2313. Definition of human factors.
Sec. 2314. Sense of Congress; pilot in command authority.
Sec. 2315. Enhancing ASIAS.
Sec. 2316. Improving runway safety.
Sec. 2317. Safe air transportation of lithium cells and batteries.
Sec. 2318. Prohibition on implementation of policy change to permit 
              small, non-locking knives on aircraft.
Sec. 2319. Aircraft cabin evacuation procedures.

                  Subtitle D--General Aviation Safety

Sec. 2401. Automated weather observing systems policy.
Sec. 2402. Tower marking.
Sec. 2403. Crash-resistant fuel systems.
Sec. 2404. Requirement to consult with stakeholders in defining scope 
              and requirements for Future Flight Service Program.

                     Subtitle E--General Provisions

Sec. 2501. Designated agency safety and health officer.
Sec. 2502. Repair stations located outside United States.
Sec. 2503. FAA technical training.
Sec. 2504. Safety critical staffing.
Sec. 2505. Approach control radar in all air traffic control towers.

   Subtitle F--Third Class Medical Reform and General Aviation Pilot 
                              Protections

Sec. 2601. Short title.
Sec. 2602. Medical certification of certain small aircraft pilots.
Sec. 2603. Expansion of pilot's bill of rights.
Sec. 2604. Limitations on reexamination of certificate holders.
Sec. 2605. Expediting updates to notam program.
Sec. 2606. Accessibility of certain flight data.
Sec. 2607. Authority for legal counsel to issue certain notices.

                  TITLE III--AIR SERVICE IMPROVEMENTS

Sec. 3001. Definitions.

             Subtitle A--Passenger Air Service Improvements

Sec. 3101. Causes of airline delays or cancellations.
Sec. 3102. Involuntary changes to itineraries.
Sec. 3103. Additional consumer protections.
Sec. 3104. Addressing the needs of families of passengers involved in 
              aircraft accidents.
Sec. 3105. Emergency medical kits.
Sec. 3106. Travelers with disabilities.
Sec. 3107. Extension of Advisory Committee for Aviation Consumer 
              Protection.
Sec. 3108. Extension of competitive access reports.
Sec. 3109. Refunds for delayed baggage.
Sec. 3110. Refunds for other fees that are not honored by a covered air 
              carrier.
Sec. 3111. Disclosure of fees to consumers.
Sec. 3112. Seat assignments.
Sec. 3113. Child seating.
Sec. 3114. Consumer complaint process improvement.
Sec. 3115. Online access to aviation consumer protection information.
Sec. 3116. Study on in cabin wheelchair restraint systems.
Sec. 3117. Training policies regarding assistance for persons with 
              disabilities.
Sec. 3118. Advisory committee on the air travel needs of passengers 
              with disabilities.
Sec. 3119. Report on covered air carrier change, cancellation, and 
              baggage fees.
Sec. 3120. Enforcement of aviation consumer protection rules.
Sec. 3121. Dimensions for passenger seats.
Sec. 3122. Cell phone voice communications.
Sec. 3123. Availability of slots for new entrant air carriers at Newark 
              Liberty International Airport.

                   Subtitle B--Essential Air Service

Sec. 3201. Essential air service.
Sec. 3202. Small community air service development program.
Sec. 3203. Small community program amendments.

[[Page 3742]]

Sec. 3204. Waivers.
Sec. 3205. Working group on improving air service to small communities.

                 TITLE IV--NEXTGEN AND FAA ORGANIZATION

Sec. 4001. Definitions.

         Subtitle A--Next Generation Air Transportation System

Sec. 4101. Return on investment assessment.
Sec. 4102. Ensuring FAA readiness to use new technology.
Sec. 4103. NextGen annual performance goals.
Sec. 4104. Facility outage contingency plans.
Sec. 4105. ADS-B mandate assessment.
Sec. 4106. Nextgen interoperability.
Sec. 4107. NextGen transition management.
Sec. 4108. Implementation of NextGen operational improvements.
Sec. 4109. Cybersecurity.
Sec. 4110. Defining NextGen.
Sec. 4111. Human factors.
Sec. 4112. Major acquisition reports.
Sec. 4113. Equipage mandates.
Sec. 4114. Workforce.
Sec. 4115. Architectural leadership.
Sec. 4116. Programmatic risk management.
Sec. 4117. NextGen prioritization.

         Subtitle B--Administration Organization and Employees

Sec. 4201. Cost-saving initiatives.
Sec. 4202. Treatment of essential employees during furloughs.
Sec. 4203. Controller candidate interviews.
Sec. 4204. Hiring of air traffic controllers.
Sec. 4205. Computation of basic annuity for certain air traffic 
              controllers.
Sec. 4206. Air traffic services at aviation events.
Sec. 4207. Full annuity supplement for certain air traffic controllers.
Sec. 4208. Inclusion of disabled veteran leave in Federal Aviation 
              Administration personnel management system.

                         TITLE V--MISCELLANEOUS

Sec. 5001. National Transportation Safety Board investigative officers.
Sec. 5002. Performance-Based Navigation.
Sec. 5003. Overflights of national parks.
Sec. 5004. Navigable airspace analysis for commercial space launch site 
              runways.
Sec. 5005. Survey and report on spaceport development.
Sec. 5006. Aviation fuel.
Sec. 5007. Comprehensive Aviation Preparedness Plan.
Sec. 5008. Advanced Materials Center of Excellence.
Sec. 5009. Interference with airline employees.
Sec. 5010. Secondary cockpit barriers.
Sec. 5011. GAO evaluation and audit.
Sec. 5012. Federal Aviation Administration performance measures and 
              targets.
Sec. 5013. Staffing of certain air traffic control towers.
Sec. 5014. Critical airfield markings.
Sec. 5015. Research and deployment of certain airfield pavement 
              technologies.
Sec. 5016. Report on general aviation flight sharing.
Sec. 5017. Increase in duration of general aviation aircraft 
              registration.
Sec. 5018. Modification of limitation of liability relating to 
              aircraft.
Sec. 5019. Government Accountability Office study of illegal drugs 
              seized at international airports in the United States.
Sec. 5020. Sense of Congress on preventing the transportation of 
              disease-carrying mosquitoes and other insects on 
              commercial aircraft.
Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex 
              program.
Sec. 5022. Report on plans for air traffic control facilities in the 
              New York City and Newark region.
Sec. 5023. GAO study of international airline alliances.
Sec. 5024. Treatment of multi-year lessees of large and turbine-powered 
              multiengine aircraft.
Sec. 5025. Evaluation of emerging technologies.
Sec. 5026. Student outreach report.
Sec. 5027. Right to privacy when using air traffic control system.
Sec. 5028. Conduct of security screening by the Transportation Security 
              Administration at certain airports.
Sec. 5029. Aviation cybersecurity.
Sec. 5030. Prohibitions against smoking on passenger flights.
Sec. 5031. Technical and conforming amendments.

     SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.

       In this Act, unless expressly provided otherwise, the term 
     ``appropriate committees of Congress'' means the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 4. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

     SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
                   COMPATIBILITY PLANNING AND PROGRAMS.

       (a) Authorization.--Section 48103(a) is amended by striking 
     ``section 47505(a)(2), and carrying out noise compatibility 
     programs under section 47504(c) $3,350,000,000 for each of 
     fiscal years 2012 through 2015 and $2,652,083,333 for the 
     period beginning on October 1, 2015, and ending on July 15, 
     2016'' and inserting ``section 47505(a)(2), carrying out 
     noise compatibility programs under section 47504(c), for an 
     airport cooperative research program under section 44511, for 
     Airports Technology-Safety research, and Airports Technology-
     Efficiency research, $3,350,000,000 for fiscal year 2016 and 
     $3,750,000,000 for fiscal year 2017''.
       (b) Obligational Authority.--Section 47104(c) is amended in 
     the matter preceding paragraph (1) by striking ``July 15, 
     2016'' and inserting ``September 30, 2017''.

     SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a) is amended by striking paragraphs (1) 
     through (5) and inserting the following:
       ``(1) $2,855,241,025 for fiscal year 2016.
       ``(2) $2,862,020,524 for fiscal year 2017.''.

     SEC. 1003. FAA OPERATIONS.

       (a) In General.--Section 106(k)(1) is amended by striking 
     subparagraphs (A) through (E) and inserting the following:
       ``(A) $9,910,009,314 for fiscal year 2016; and
       ``(B) $10,025,361,111 for fiscal year 2017.''.
       (b) Authorized Expenditures.--Section 106(k)(2) is amended 
     by striking ``for fiscal years 2012 through 2015'' each place 
     it appears and inserting ``for fiscal years 2016 through 
     2017''.
       (c) Authority to Transfer Funds.--Section 106(k)(3) is 
     amended by striking ``2012 through 2015 and for the period 
     beginning on October 1, 2015, and ending on July 15, 2016'' 
     and inserting ``2016 through 2017''.

     SEC. 1004. FAA RESEARCH AND DEVELOPMENT.

       Section 48102 is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``44511-44513'' and inserting ``44512-
     44513''; and
       (ii) by striking ``and, for each of fiscal years 2012 
     through 2015, under subsection (g)'';
       (B) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon; and
       (C) by striking paragraph (9) and inserting the following:
       ``(9) $166,000,000 for fiscal year 2016; and
       ``(10) $169,000,000 for fiscal year 2017.''; and
       (2) in subsection (b), by striking paragraph (3).

     SEC. 1005. FUNDING FOR AVIATION PROGRAMS.

       (a) Airport and Airway Trust Fund Guarantee.--Section 
     48114(a)(1)(A) is amended to read as follows:
       ``(A) In general.--The total budget resources made 
     available from the Airport and Airway Trust Fund each fiscal 
     year under sections 48101, 48102, 48103, and 106(k)--
       ``(i) shall in each of fiscal years 2016 through 2017, be 
     equal to the sum of--

       ``(I) 90 percent of the estimated level of receipts plus 
     interest credited to the Airport and Airway Trust Fund for 
     that fiscal year; and
       ``(II) the actual level of receipts plus interest credited 
     to the Airport and Airway Trust Fund for the second preceding 
     fiscal year minus the total amount made available for 
     obligation from the Airport and Airway Trust Fund for the 
     second preceding fiscal year; and

       ``(ii) may be used only for the aviation investment 
     programs listed in subsection (b)(1).''.
       (b) Enforcement of Guarantees.--Section 48114(c)(2) is 
     amended by striking ``2016'' and inserting ``2017''.

     SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Marshall Islands, Micronesia, and Palau.--Section 
     47115(j) is amended by striking ``2015 and for the period 
     beginning on October 1, 2015, and ending on July 15, 2016,'' 
     and inserting ``2017''.
       (b) Extension of Compatible Land Use Planning and Projects 
     by State and Local Governments.--Section 47141(f) is amended 
     by striking ``July 15, 2016'' and inserting ``September 30, 
     2017''.
       (c) Inspector General Report on Participation in FAA 
     Programs by Disadvantaged Small Business Concerns.--
       (1) In general.--For each of fiscal years 2016 through 
     2017, the Inspector General of the Department of 
     Transportation shall submit to Congress a report on the 
     number of new small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, 
     including those owned by veterans, that participated in the 
     programs and activities funded using the amounts made 
     available under this Act.

[[Page 3743]]

       (2) New small business concerns.--For purposes of paragraph 
     (1), a new small business concern is a small business concern 
     that did not participate in the programs and activities 
     described in paragraph (1) in a previous fiscal year.
       (3) Contents.--The report shall include--
       (A) a list of the top 25 and bottom 25 large and medium hub 
     airports in terms of providing opportunities for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to participate in the 
     programs and activities funded using the amounts made 
     available under this Act;
       (B) the results of an assessment, to be conducted by the 
     Inspector General, on the reasons why the top airports have 
     been successful in providing such opportunities; and
       (C) recommendations to the Administrator of the Federal 
     Aviation Administration and Congress on methods for other 
     airports to achieve results similar to those of the top 
     airports.
       (d) Extension of Pilot Program for Redevelopment of Airport 
     Properties.--Section 822(k) of the FAA Modernization and 
     Reform Act of 2012 (49 U.S.C. 47141 note) is amended by 
     striking ``July 15, 2016'' and inserting ``September 30, 
     2017''.

         Subtitle B--Airport Improvement Program Modifications

     SEC. 1201. SMALL AIRPORT REGULATION RELIEF.

       Section 47114(c)(1)(F) is amended to read as follows:
       ``(F) Special rule for fiscal years 2016 through 2017.--
     Notwithstanding subparagraph (A), the Secretary shall 
     apportion to a sponsor of an airport under that subparagraph 
     for each of fiscal years 2016 through 2017 an amount based on 
     the number of passenger boardings at the airport during 
     calendar year 2012 if the airport--
       ``(i) had 10,000 or more passenger boardings during 
     calendar year 2012;
       ``(ii) had fewer than 10,000 passenger boardings during the 
     calendar year used to calculate the apportionment for fiscal 
     year 2016 or 2017 under subparagraph (A); and
       ``(iii) had scheduled air service in the calendar year used 
     to calculate the apportionment.''.

     SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD 
                   WEATHER STATES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration, to the extent practicable, shall schedule the 
     Administrator's review of construction projects so that 
     projects to be carried out in the States in which the weather 
     during a typical calendar year prevents major construction 
     projects from being carried out before May 1 are reviewed as 
     early as possible.
       (b) Report.--The Administrator shall update the appropriate 
     committees of Congress annually on the effectiveness of the 
     review and prioritization.

     SEC. 1203. STATE BLOCK GRANTS UPDATES.

       Section 47128(a) is amended by striking ``9 qualified 
     States for fiscal years 2000 and 2001 and 10 qualified States 
     for each fiscal year thereafter'' and inserting ``15 
     qualified States for fiscal year 2016 and each fiscal year 
     thereafter''.

     SEC. 1204. CONTRACT TOWER PROGRAM UPDATES.

       (a) Special Rule.--Section 47124(b)(1)(B) is amended by 
     striking ``after such determination is made'' and inserting 
     ``after the end of the period described in subsection 
     (d)(6)(C)''.
       (b) Contract Air Traffic Control Tower Cost-Share Program; 
     Funding.--Section 47124(b)(3)(E) is amended to read as 
     follows:
       ``(E) Funding.--Of the amounts appropriated under section 
     106(k)(1), such sums as may be necessary may be used to carry 
     out this paragraph.''.
       (c) Cap on Federal Share of Cost of Construction.--Section 
     47124(b)(4)(C) is amended by striking ``$2,000,000'' and 
     inserting ``$4,000,000''.
       (d) Cost Benefit Ratio Revision.--Section 47124 is amended 
     by adding at the end the following:
       ``(d) Cost Benefit Ratios.--
       ``(1) Contract air traffic control tower program at cost-
     share airports.--Beginning on the date of enactment of the 
     Federal Aviation Administration Reauthorization Act of 2016, 
     if an air traffic control tower is operating under the Cost-
     share Program, the Secretary shall annually calculate a new 
     benefit-to-cost ratio for the tower.
       ``(2) Contract tower program at non-cost-share airports.--
     Beginning on the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016, if a tower is 
     operating under the Contract Tower Program and continued 
     under subsection (b)(1), the Secretary shall not calculate a 
     new benefit-to-cost ratio for the tower unless the annual 
     aircraft traffic at the airport where the tower is located 
     decreases by more than 25 percent from the previous year or 
     by more than 60 percent over a 3-year period.
       ``(3) Considerations.--In establishing a benefit-to-cost 
     ratio under paragraph (1) or paragraph (2), the Secretary may 
     consider only the following costs:
       ``(A) The Federal Aviation Administration's actual cost of 
     wages and benefits of personnel working at the tower.
       ``(B) The Federal Aviation Administration's actual 
     telecommunications costs of the tower.
       ``(C) Relocation and replacement costs of equipment of the 
     Federal Aviation Administration associated with the tower, if 
     paid for by the Federal Aviation Administration.
       ``(D) Logistics, such as direct costs associated with 
     establishing or updating the tower's interface with other 
     systems and equipment of the Federal Aviation Administration, 
     if paid for by the Federal Aviation Administration.
       ``(4) Exclusions.--In establishing a benefit-to-cost ratio 
     under paragraph (1) or paragraph (2), the Secretary may not 
     consider the following costs:
       ``(A) Airway facilities costs, including labor and other 
     costs associated with maintaining and repairing the systems 
     and equipment of the Federal Aviation Administration.
       ``(B) Costs for depreciating the building and equipment 
     owned by the Federal Aviation Administration.
       ``(C) Indirect overhead costs of the Federal Aviation 
     Administration.
       ``(D) Costs for utilities, janitorial, and other services 
     paid for or provided by the airport or the State or political 
     subdivision of a State having jurisdiction over the airport 
     where the tower is located.
       ``(E) The cost of new or replacement equipment, or 
     construction of a new or replacement tower, if the costs 
     incurred were incurred by the airport or the State or 
     political subdivision of a State having jurisdiction over the 
     airport where the tower is or will be located.
       ``(F) Other expenses of the Federal Aviation Administration 
     not directly associated with the actual operation of the 
     tower.
       ``(5) Margin of error.--The Secretary shall add a 5 percent 
     margin of error to a benefit-to-cost ratio determination to 
     acknowledge and account for any direct or indirect factors 
     that are not included in the criteria the Secretary used in 
     calculating the benefit-to-cost ratio.
       ``(6) Procedures.--The Secretary shall establish 
     procedures--
       ``(A) to allow an airport or the State or political 
     subdivision of a State having jurisdiction over the airport 
     where the tower is located not less than 90 days following 
     the receipt of an initial benefit-to-cost ratio determination 
     from the Secretary--
       ``(i) to request the Secretary reconsider that 
     determination; and
       ``(ii) to submit updated or additional data to the 
     Secretary in support of the reconsideration;
       ``(B) to allow the Secretary not more than 90 days to 
     review the data submitted under subparagraph (A)(ii) and 
     respond to the request under subparagraph (A)(i);
       ``(C) to allow the airport, State, or political subdivision 
     of a State, as applicable, 30 days following the date of the 
     response under subparagraph (B) to review the response before 
     any action is taken based on a benefit-to-cost determination; 
     and
       ``(D) to provide, after the end of the period described in 
     subparagraph (C), an 18-month grace period before cost-share 
     payments are due from the airport, State, or political 
     subdivision of a State if as a result of the benefit-to-cost 
     ratio determination the airport, State, or political 
     subdivision, as applicable, is required to transition to the 
     Cost-share Program.
       ``(e) Definitions.--In this section:
       ``(1) Contract tower program.--The term `Contract Tower 
     Program' means the level I air traffic control tower contract 
     program established under subsection (a) and continued under 
     subsection (b)(1).
       ``(2) Cost-share program.--The term `Cost-share Program' 
     means the cost-share program established under subsection 
     (b)(3).''.
       (e) Conforming Amendments.--Section 47124(b) is amended--
       (1) in paragraph (1)(C), by striking ``the program 
     established under paragraph (3)'' and inserting ``the Cost-
     share Program'';
       (2) in paragraph (3)--
       (A) in the heading, by striking ``Contract air traffic 
     control tower program'' and inserting ``Cost-share program'';
       (B) in subparagraph (A), by striking ``contract tower 
     program established under subsection (a) and continued under 
     paragraph (1) (in this paragraph referred to as the `Contract 
     Tower Program')'' and inserting ``Contract Tower Program'';
       (C) in subparagraph (B), by striking ``In carrying out the 
     program'' and inserting ``In carrying out the Cost-share 
     Program'';
       (D) in subparagraph (C), by striking ``participate in the 
     program'' and inserting ``participate in the Cost-share 
     Program'';
       (E) in subparagraph (D), by striking ``under the program'' 
     and inserting ``under the Cost-share Program''; and
       (F) in subparagraph (F), by striking ``the program 
     continued under paragraph (1)'' and inserting ``the Contract 
     Tower Program''; and
       (3) in paragraph (4)(B)(i)(I), by striking ``contract tower 
     program established under subsection (a) and continued under 
     paragraph (1) or the pilot program established under 
     paragraph (3)'' and inserting ``Contract Tower Program or the 
     Cost-share Program''.
       (f) Exemption.--Section 47124(b)(3)(D) is amended by adding 
     at the end the following:

[[Page 3744]]

     ``Airports with both Part 121 air service and more than 
     25,000 passenger enplanements in calendar year 2014 shall be 
     exempt from any cost share requirement under the Cost-share 
     Program.''.
       (g) Savings Provision.--Notwithstanding the amendments made 
     by this section, the towers for which assistance is being 
     provided under section 41724 of title 49, United States Code, 
     on the day before the date of enactment of this Act may 
     continue to be provided such assistance under the terms of 
     that section as in effect on that day.

     SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE CONTRACT 
                   TOWER PROGRAM.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration has not implemented a revised cost-
     benefit methodology for purposes of determining eligibility 
     for the Contract Tower Program before the date that is 30 
     days after the date of enactment of this Act, any air traffic 
     control tower with an application for participation in the 
     Contract Tower Program pending as of January 1, 2016, shall 
     be approved for participation in the Contract Tower Program 
     if the Administrator determines the tower is eligible under 
     the criteria set forth in the Federal Aviation Administration 
     report, Establishment and Discontinuance Criteria for Airport 
     Traffic Control Towers, dated August 1990 (FAA-APO-90-7).
       (b) Requests for Additional Authority.--The Administrator 
     shall respond not later than 30 days after the date the 
     Administrator receives a formal request from an airport and 
     air traffic control contractor for additional authority to 
     expand contract tower operational hours and staff to 
     accommodate flight traffic outside of current tower 
     operational hours.
       (c) Definition of Contract Tower Program.--In this section, 
     the term ``Contract Tower Program'' has the meaning given the 
     term in section 47124(e) of title 49, United States Code.

     SEC. 1206. REMOTE TOWERS.

       (a) Pilot Program.--
       (1) Establishment.--The Administrator of the Federal 
     Aviation Administration shall establish--
       (A) in consultation with airport operators and general 
     aviation users, a pilot program at public-use airports to 
     construct and operate remote towers; and
       (B) a selection process for participation in the pilot 
     program.
       (2) Safety considerations.--In establishing the pilot 
     program, the Administrator shall consult with operators of 
     remote towers in foreign countries to design the pilot 
     program in a manner that leverages as many safety and 
     airspace efficiency benefits as possible.
       (3) Requirements.--In selecting the airports for 
     participation in the pilot program, the Administrator shall--
       (A) to the extent practicable, ensure that at least 2 
     different vendors of remote tower systems participate;
       (B) include at least 1 airport currently in the Contract 
     Tower Program and at least 1 airport that does not have an 
     air traffic control tower; and
       (C) clearly identify the research questions that will be 
     addressed at each airport.
       (4) Research.--In selecting an airport for participation in 
     the pilot program, the Administrator shall consider--
       (A) how inclusion of that airport will add research value 
     to assist the Administrator in evaluating the feasibility, 
     safety, and cost-benefits of remote towers;
       (B) the amount and variety of air traffic at an airport; 
     and
       (C) the costs and benefits of including that airport.
       (5) Data.--The Administrator shall clearly identify and 
     collect air traffic control information and data from 
     participating airports that will assist the Administrator in 
     evaluating the feasibility, safety, and cost-benefits of 
     remote towers.
       (6) Report.--Not later than 1 year after the date the first 
     remote tower is operational, and annually thereafter, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report--
       (A) detailing any benefits, costs, or safety improvements 
     associated with the use of the remote towers; and
       (B) evaluating the feasibility of using remote towers, 
     particularly in the Contract Tower Program and for airports 
     without any air traffic control tower, or to improve safety 
     at airports with towers.
       (7) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall select 
     airports for participation in the pilot program.
       (8) Definitions.--In this subsection:
       (A) Contract tower program.--The term ``Contract Tower 
     Program'' has the meaning given the term in section 47124(e) 
     of title 49, United States Code.
       (B) Remote tower.--The term ``remote tower'' means a system 
     whereby air traffic services are provided to operators at an 
     airport from a location that may not be on or near the 
     airport.
       (b) AIP Funding Eligibility.--For purposes of the pilot 
     program under subsection (a), and after certificated systems 
     are available, constructing a remote tower or acquiring and 
     installing air traffic control, communications, or related 
     equipment for a remote tower shall be considered airport 
     development (as defined in section 47102 of title 49, United 
     States Code) for purposes of subchapter I of chapter 471 of 
     that title if components are installed and used at the 
     airport, except for off-airport sensors installed on leased 
     towers, as needed.

     SEC. 1207. MIDWAY ISLAND AIRPORT.

       Section 186(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (Public Law 108-176; 117 Stat. 2518) is 
     amended by striking ``and for the period beginning on October 
     1, 2015, and ending on July 15, 2016,'' and inserting ``and 
     for fiscal years 2016 through 2017''.

     SEC. 1208. AIRPORT ROAD FUNDING.

       (a) Airport Development Grant Assurances.--Section 47107(b) 
     is amended by adding at the end the following:
       ``(4) This subsection does not prevent the use of airport 
     revenue for the maintenance and improvement of the on-airport 
     portion of a surface transportation facility providing access 
     to an airport and non-airport locations if the surface 
     transportation facility is owned or operated by the airport 
     owner or operator and the use of airport revenue is prorated 
     to airport use and limited to portions of the facility 
     located on the airport. The Secretary shall determine the 
     maximum percentage contribution of airport revenue toward 
     surface transportation facility maintenance or improvement, 
     taking into consideration the current and projected use of 
     the surface transportation facility located on the airport 
     for airport and non-airport purposes. The de minimus use, as 
     determined by the Secretary, of a surface transportation 
     facility for non-airport purposes shall not require 
     prorating.''.
       (b) Restrictions on the Use of Airport Revenue.--Section 
     47133(c) is amended--
       (1) by inserting ``(1)'' before ``Nothing'' and indenting 
     appropriately; and
       (2) by adding at the end the following:
       ``(2) Nothing in this section may be construed to prevent 
     the use of airport revenue for the prorated maintenance and 
     improvement costs of the on-airport portion of the surface 
     transportation facility, subject to the provisions of section 
     47107(b)(4).''.

     SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIRPORT VEHICLE 
                   PILOT PROGRAM.

       (a) Repeal.--Section 47136 is repealed.
       (b) Technical and Conforming Amendments.--The table of 
     contents for chapter 471 is amended by striking the item 
     relating to section 47136 and inserting the following:

``47136. [Reserved].''.

     SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VEHICLES AND 
                   INFRASTRUCTURE PILOT PROGRAM.

       Section 47136a is amended--
       (1) in subsection (a), by striking ``, including'' and 
     inserting ``used exclusively for transporting passengers on-
     airport or for employee shuttle buses within the airport, 
     including''; and
       (2) in subsection (f), by inserting ``, as in effect on the 
     day before the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016,'' after ``section 
     47136''.

     SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIPMENT 
                   EMISSIONS RETROFIT PILOT PROGRAM.

       (a) Repeal.--Section 47140 is repealed.
       (b) Technical and Conforming Amendments.--The table of 
     contents for chapter 471 is amended by striking the item 
     relating to section 47140 and inserting the following:

``47140. [Reserved].''.

     SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY 
                   ASSESSMENTS.

       (a) Cost Reimbursements.--Section 47140a(a) is amended by 
     striking ``airport.'' and inserting ``airport, and to 
     reimburse the airport sponsor for the costs incurred in 
     conducting the assessment.''.
       (b) Safety Priority.--Section 47140a(b)(2) is amended by 
     inserting ``, including a certification that no safety 
     projects would be deferred by prioritizing a grant under this 
     section,'' after ``an application''.

     SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UNCLASSIFIED 
                   AIRPORTS.

       Section 47106(a) is amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``for an airport that has an airport master plan, the master 
     plan addresses'' and inserting ``a master plan project, it 
     will address''; and
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) if the project is at an unclassified airport, the 
     project will be funded with an amount apportioned under 
     subsection 47114(d)(3)(B) and is--
       ``(A) for maintenance of the pavement of the primary 
     runway;
       ``(B) for obstruction removal for the primary runway;
       ``(C) for the rehabilitation of the primary runway; or
       ``(D) a project that the Secretary considers necessary for 
     the safe operation of the airport.''.

     SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS.

       Section 44502(e) is amended by striking the first sentence 
     and inserting ``An airport may

[[Page 3745]]

     transfer, without consideration, to the Administrator of the 
     Federal Aviation Administration an instrument landing system 
     consisting of a glide slope and localizer that conforms to 
     performance specifications of the Administrator if an airport 
     improvement project grant was used to assist in purchasing 
     the system, and if the Federal Aviation Administration has 
     determined that a satellite navigation system cannot provide 
     a suitable approach.''.

     SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.

       (a) In General.--Subchapter I of chapter 471 is amended by 
     adding at the end the following:

     ``Sec. 47143. Non-movement area surveillance surface display 
       systems pilot program

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration may carry out a pilot program to 
     support non-Federal acquisition and installation of 
     qualifying non-movement area surveillance surface display 
     systems and sensors if--
       ``(1) the Administrator determines that acquisition and 
     installation of qualifying non-movement area surveillance 
     surface display systems and sensors improve safety or 
     capacity in the National Airspace System; and
       ``(2) the non-movement area surveillance surface display 
     systems and sensors are supplemental to existing movement 
     area systems and sensors at the selected airports established 
     under other programs administered by the Administrator.
       ``(b) Project Grants.--
       ``(1) In general.--For purposes of carrying out the pilot 
     program, the Administrator may make a project grant out of 
     funds apportioned under paragraph (1) or paragraph (2) of 
     section 47114(c) to not more than 5 eligible sponsors to 
     acquire and install qualifying non-movement area surveillance 
     surface display systems and sensors. The Administrator may 
     distribute not more than $2,000,000 per sponsor from the 
     discretionary fund. The airports selected to participate in 
     the pilot program shall have existing Federal Aviation 
     Administration movement area systems and airlines that are 
     participants in Federal Aviation Administration's Airport 
     Collaborative Decision Making process.
       ``(2) Procedures.--In accordance with the authority under 
     section 106, the Administrator may establish procurement 
     procedures applicable to grants issued under this subsection. 
     The procedures may permit the sponsor to carry out the 
     project with vendors that have been accepted in the 
     procurement procedure or using Federal Aviation 
     Administration contracts. The procedures may provide for the 
     direct reimbursement (including administrative costs) of the 
     Administrator by the sponsor using grant funds under this 
     subsection, for the ordering of system-related equipment and 
     its installation, or for the direct ordering of system-
     related equipment and its installation by the sponsor, using 
     such grant funds, from the suppliers with which the 
     Administrator has contracted.
       ``(3) Data exchange processes.--The Administrator may 
     establish data exchange processes to allow airport 
     participation in the Federal Aviation Administration's 
     Airport Collaborative Decision Making process and fusion of 
     the non-movement surveillance data with the Administration's 
     movement area systems.
       ``(c) Definitions.--In this section:
       ``(1) Non-movement area.--The term `non-movement area' is 
     the portion of the airfield surface that is not under the 
     control of air traffic control.
       ``(2) Non-movement area surveillance surface display system 
     and sensors.--The term `non-movement area surveillance 
     surface display system and sensors' is a non-Federal 
     surveillance system that uses on-airport sensors that track 
     vehicles or aircraft that are equipped with transponders in 
     the non-movement area.
       ``(3) Qualifying non-movement area surveillance surface 
     display system and sensors.--The term `qualifying non-
     movement area surveillance surface display system and 
     sensors' is a non-movement area surveillance surface display 
     system that--
       ``(A) provides the required transmit and receive data 
     formats consistent with the National Airspace System 
     architecture at the appropriate service delivery point;
       ``(B) is on-airport; and
       ``(C) is airport operated.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents of chapter 471 is amended by inserting after the 
     item relating to section 47142 the following:

``47143. Non-movement area surveillance surface display systems pilot 
              program.''.

     SEC. 1216. AMENDMENTS TO DEFINITIONS.

       Section 47102 is amended--
       (1) by redesignating paragraphs (10) through (28) as 
     paragraphs (12) through (30), respectively;
       (2) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively;
       (3) in paragraph (3)--
       (A) in subparagraph (B)--
       (i) by redesignating clauses (iii) through (x) as clauses 
     (iv) through (xi), respectively; and
       (ii) by striking clause (ii) and inserting the following:

       ``(II) security equipment owned and operated by the 
     airport, including explosive detection devices, universal 
     access control systems, perimeter fencing, and emergency call 
     boxes, which the Secretary may require by regulation for, or 
     approve as contributing significantly to, the security of 
     individuals and property at the airport;
       ``(III) safety apparatus owned and operated by the airport, 
     which the Secretary may require by regulation for, or approve 
     as contributing significantly to, the safety of individuals 
     and property at the airport, and integrated in-pavement 
     lighting systems for runways and taxiways and other runway 
     and taxiway incursion prevention devices;'';

       (B) in subparagraph (K), by striking ``such project will 
     result in an airport receiving appropriate'' and inserting 
     ``the airport would be able to receive''; and
       (C) in subparagraph (L)--
       (i) by striking ``or conversion of vehicles and'' and 
     inserting ``of vehicles used exclusively for transporting 
     passengers on-airport, employee shuttle buses within the 
     airport, or'';
       (ii) by striking ``airport, to'' and inserting ``airport 
     and equipped with''; and
       (iii) by striking ``7505a) and if such project will result 
     in an airport receiving appropriate'' and inserting ``7505a)) 
     and if the airport would be able to receive'';
       (4) in paragraph (5), by striking ``regulations'' and 
     inserting ``requirements'';
       (5) by inserting after paragraph (6) the following:
       ``(7) `categorized airport' means a nonprimary airport that 
     has an identified role in the National Plan of Integrated 
     Airport Systems.'';
       (6) in paragraph (9), as redesignated, by striking 
     ``public'' and inserting ``public-use'';
       (7) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) `joint use airport' means an airport owned by the 
     Department of Defense, at which both military and civilian 
     aircraft make shared use of the airfield.'';
       (8) in paragraph (24), as redesignated, by amending 
     subparagraph (B)(i) to read as follows:
       ``(i) determined by the Secretary to have at least--

       ``(I) 100 based aircraft that are currently registered with 
     the Federal Aviation Administration under chapter 445 of this 
     title; and
       ``(II) 1 based jet aircraft that is currently registered 
     with the Federal Aviation Administration where, for the 
     purposes of this clause, `based' means the aircraft or jet 
     aircraft overnights at the airport for the greater part of 
     the year; or''; and

       (9) by adding at the end the following:
       ``(31) `unclassified airport' means a nonprimary airport 
     that is included in the National Plan of Integrated Airport 
     Systems that is not categorized by the Administrator of the 
     Federal Aviation Administration in the most current report 
     entitled General Aviation Airports: A National Asset.''.

     SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UPDATES.

       Section 47503(b) is amended--
       (1) by striking ``a change in the operation of the airport 
     would establish'' and inserting ``there is a change in the 
     operation of the airport that would establish''; and
       (2) by inserting after ``reduction'' the following: ``if 
     the change has occurred during the longer of--
       ``(1) the noise exposure map period forecast by the airport 
     operator under subsection (a); or
       ``(2) the implementation timeframe of the operator's noise 
     compatibility program''.

     SEC. 1218. PROVISION OF FACILITIES.

       Section 44502 is amended by adding at the end the 
     following:
       ``(f) Airport Space.--
       ``(1) Restriction.--The Administrator may not require an 
     airport owner or sponsor (as defined in section 47102) to 
     provide to the Federal Aviation Administration without cost 
     any of the following:
       ``(A) Building construction, maintenance, utilities, or 
     expenses for services relating to air traffic control, air 
     navigation, or weather reporting.
       ``(B) Space in a facility owned by the airport owner or 
     sponsor for services relating to air traffic control, air 
     navigation, or weather reporting.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to affect--
       ``(A) any agreement the Secretary may have or make with an 
     airport owner or sponsor for the airport owner or sponsor to 
     provide any of the items described in subparagraph (A) or 
     subparagraph (B) of paragraph (1) at below-market rates; or
       ``(B) any grant assurance that requires an airport owner or 
     sponsor to provide land to the Administration without cost 
     for an air traffic control facility.''.

     SEC. 1219. CONTRACT WEATHER OBSERVERS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to the appropriate 
     committees of Congress a report--
       (1) which includes public and stakeholder input, and 
     examines all safety risks, hazard effects, efficiency and 
     operational effects on airports, airlines, and other 
     stakeholders that could result from loss of contract weather 
     observer service at the 57 airports targeted for the loss of 
     this service;

[[Page 3746]]

       (2) detailing how the Federal Aviation Administration will 
     accurately report rapidly changing severe weather conditions 
     at these airports, including thunderstorms, lightning, fog, 
     visibility, smoke, dust, haze, cloud layers and ceilings, ice 
     pellets, and freezing rain or drizzle without contract 
     weather observers; and
       (3) indicating how airports can comply with applicable 
     Federal Aviation Administration orders governing weather 
     observations given the current documented limitations of 
     automated surface observing systems.
       (b) Moratorium.--The Administrator may not finalize any 
     determination regarding the continued use of the contract 
     weather observer service at any airport until after the date 
     the report is submitted under subsection (a).
       (c) Report on Golden Triangle Initiative of NOAA.--
       (1) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration and the Administrator 
     of the Federal Aviation Administration shall jointly submit 
     to the appropriate committees of Congress a report on the 
     Golden Triangle Initiative of the National Oceanic and 
     Atmospheric Administration.
       (2) Elements.--The report shall include the following:
       (A) An assessment of the impacts of enhanced aviation 
     forecast services provided as part of the Golden Triangle 
     Initiative on weather-related air traffic delays.
       (B) A description of the costs of providing such enhanced 
     aviation forecast services.
       (C) A description of potential alternative mechanisms to 
     provide enhanced aviation forecast services comparable to 
     such enhanced aviation forecast services for airports in 
     rural or low population density areas.

     SEC. 1220. FEDERAL SHARE ADJUSTMENT.

       Section 47109(a)(5) is amended to read as follows:
       ``(5) 95 percent for a project at an airport for which the 
     United States Government's share would otherwise be capped at 
     90 percent under paragraph (2) or paragraph (3) if the 
     Administrator determines that the project is a successive 
     phase of a multi-phased construction project for which the 
     sponsor received a grant in fiscal year 2011 or earlier.''.

     SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS.

       (a) Airport Security Program.--Section 47137 is amended--
       (1) in subsection (a), by striking ``Transportation'' and 
     inserting ``Homeland Security'';
       (2) in subsection (e), by striking ``Homeland Security'' 
     and inserting ``Transportation''; and
       (3) in subsection (g), by inserting ``of Transportation'' 
     after ``Secretary'' the first place it appears.
       (b) Section 516 Property Conveyance Releases.--Section 
     817(a) of the FAA Modernization and Reform Act of 2012 (49 
     U.S.C. 47125 note) is amended--
       (1) by striking ``or section 23'' and inserting ``, section 
     23''; and
       (2) by inserting before the period at the end the 
     following: ``, or section 47125 of title 49, United States 
     Code''.

     SEC. 1222. MOTHERS' ROOMS AT AIRPORTS.

       (a) Lactation Area Defined.--Section 47102, as amended by 
     section 1216 of this Act, is further amended--
       (1) by redesignating paragraphs (12) through (31) as 
     paragraphs (13) through (32), respectively; and
       (2) by inserting after paragraph (11) the following:
       ``(12) `lactation area' means a room or other location in a 
     commercial service airport that--
       ``(A) provides a location for members of the public to 
     express breast milk that is shielded from view and free from 
     intrusion from the public;
       ``(B) has a door that can be locked;
       ``(C) includes a place to sit, a table or other flat 
     surface, and an electrical outlet;
       ``(D) is readily accessible to and usable by individuals 
     with disabilities, including individuals who use wheelchairs; 
     and
       ``(E) is not located in a restroom.''.
       (b) Project Grants Written Assurances for Large and Medium 
     Hub Airports.--
       (1) In general.--Section 47107(a) is amended--
       (A) in paragraph (20), by striking ``and'' at the end;
       (B) in paragraph (21), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(22) with respect to a medium or large hub airport, the 
     airport owner or operator will maintain a lactation area in 
     each passenger terminal building of the airport in the 
     sterile area (as defined in section 1540.5 of title 49, Code 
     of Federal Regulations) of the building.''.
       (2) Applicability.--
       (A) In general.--The amendment made by paragraph (1) shall 
     apply to a project grant application submitted for a fiscal 
     year beginning on or after the date that is 2 years after the 
     date of enactment of this Act.
       (B) Special rule.--The requirement in the amendments made 
     by paragraph (1) that a lactation area be located in the 
     sterile area of a passenger terminal building shall not apply 
     with respect to a project grant application for a period of 
     time, determined by the Secretary of Transportation, if the 
     Secretary determines that construction or maintenance 
     activities make it impracticable or unsafe for the lactation 
     area to be located in the sterile area of the building.
       (c) Terminal Development Costs.--Section 47119(a) is 
     amended by adding at the end the following:
       ``(3) Lactation areas.--In addition to the projects 
     described in paragraph (1), the Secretary may approve a 
     project for terminal development for the construction or 
     installation of a lactation area at a commercial service 
     airport.''.
       (d) Pre-existing Facilities.--On application by an airport 
     sponsor, the Secretary of Transportation may determine that a 
     lactation area in existence on the date of enactment of this 
     Act complies with the requirement of paragraph (22) of 
     section 47107(a) of title 49, United States Code, as added by 
     subsection (b), notwithstanding the absence of one of the 
     facilities or characteristics referred to in the definition 
     of the term ``lactation area'' in paragraph (12) of section 
     47102 of such title, as added by subsection (a).

     SEC. 1223. ELIGIBILITY FOR AIRPORT DEVELOPMENT GRANTS AT 
                   AIRPORTS THAT ENTER INTO CERTAIN LEASES WITH 
                   COMPONENTS OF THE ARMED FORCES.

       Section 47107, as amended by section 1208 of this Act, is 
     further amended by adding at the end the following:
       ``(t) Airports That Enter Into Certain Leases With the 
     Armed Forces.--The Secretary of Transportation may not 
     disapprove a project grant application under this subchapter 
     for an airport development project at an airport solely 
     because the airport renews a lease for the use, at a nominal 
     rate, of airport property by a regular or reserve component 
     of the Armed Forces, including the National Guard.''.

     SEC. 1224. CLARIFICATION OF DEFINITION OF AVIATION-RELATED 
                   ACTIVITY FOR HANGAR USE.

       Section 47107, as amended by section 1223 of this Act, is 
     further amended by adding at the end the following:
       ``(u) Construction of Recreational Aircraft.--
       ``(1) In general.--The construction of a covered aircraft 
     shall be treated as an aeronautical activity for purposes 
     of--
       ``(A) determining an airport's compliance with a grant 
     assurance made under this section or any other provision of 
     law; and
       ``(B) the receipt of Federal financial assistance for 
     airport development.
       ``(2) Covered aircraft defined.--In this subsection, the 
     term `covered aircraft' means an aircraft--
       ``(A) used or intended to be used exclusively for 
     recreational purposes; and
       ``(B) constructed or under construction, repair, or 
     restoration by a private individual at a general aviation 
     airport.''.

     SEC. 1225. USE OF AIRPORT IMPROVEMENT PROGRAM FUNDS FOR 
                   RUNWAY SAFETY REPAIRS.

       (a) In General.--Subchapter I of chapter 471, as amended by 
     this subtitle, is further amended by adding at the end the 
     following:

     ``Sec. 47144. Use of funds for repairs for runway safety 
       repairs

       ``(a) In General.--The Secretary of Transportation may make 
     project grants under this subchapter to an airport described 
     in subsection (b) from funds under section 47114 apportioned 
     to that airport or funds available for discretionary grants 
     to that airport under section 47115 to conduct airport 
     development to repair the runway safety area of the airport 
     damaged as a result of a natural disaster in order to 
     maintain compliance with the regulations of the Federal 
     Aviation Administration relating to runway safety areas, 
     without regard to whether construction of the runway safety 
     area damaged was carried out using amounts the airport 
     received under this subchapter.
       ``(b) Airports Described.--An airport is described in this 
     subsection if--
       ``(1) the airport is a public-use airport;
       ``(2) the airport is listed in the National Plan of 
     Integrated Airport Systems of the Federal Aviation 
     Administration;
       ``(3) the runway safety area of the airport was damaged as 
     a result of a natural disaster;
       ``(4) the airport was denied funding under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 4121 et seq.) with respect to the disaster;
       ``(5) the operator of the airport has exhausted all legal 
     remedies, including legal action against any parties (or 
     insurers thereof) whose action or inaction may have 
     contributed to the need for the repair of the runway safety 
     area;
       ``(6) there is still a demonstrated need for the runway 
     safety area to accommodate current or imminent aeronautical 
     demand; and
       ``(7) the cost of repairing or replacing the runway safety 
     area is reasonable in relation to the anticipated operational 
     benefit of repairing the runway safety area, as determined by 
     the Administrator of the Federal Aviation Administration.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 471, as amended by this

[[Page 3747]]

     subtitle, is further amended by inserting after the item 
     relating to section 47143 the following:

``47144. Use of funds for repairs for runway safety repairs.''.

                 Subtitle C--Passenger Facility Charges

     SEC. 1301. PFC STREAMLINING.

       (a) Passenger Facility Charges; General Authority.--Section 
     40117(b)(4) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``, if the Secretary finds--'' and inserting a period; and
       (2) by striking subparagraphs (A) and (B).
       (b) Pilot Program for Passenger Facility Charge 
     Authorizations at Nonhub Airports.--Section 40117(l) is 
     amended--
       (1) in the heading by striking ``Nonhub'' and inserting 
     ``Certain''; and
       (2) in paragraph (1), by striking ``nonhub'' and inserting 
     ``nonhub, small hub, medium hub, and large hub''.

     SEC. 1302. INTERMODAL ACCESS PROJECTS.

       Section 40117 is amended by adding at the end the 
     following:
       ``(n) PFC Eligibility for Intermodal Ground Access 
     Projects.--
       ``(1) In general.--The Secretary may authorize a passenger 
     facility charge imposed under subsection (b)(1) to be used to 
     finance the eligible capital costs of an intermodal ground 
     access project.
       ``(2) Definition of intermodal ground access project.--In 
     this subsection, the term `intermodal ground access project' 
     means a project for constructing a local facility owned or 
     operated by an eligible agency that--
       ``(A) is located on airport property; and
       ``(B) is directly and substantially related to the movement 
     of passengers or property traveling in air transportation.
       ``(3) Eligible capital costs.--The eligible capital costs 
     of an intermodal ground access project shall be the lesser 
     of--
       ``(A) the total capital cost of the project multiplied by 
     the ratio that the number of individuals projected to use the 
     project to gain access to or depart from the airport bears to 
     the total number of individuals projected to use the local 
     facility; or
       ``(B) the total cost of the capital improvements that are 
     located on airport property.
       ``(4) Determinations.--The Secretary shall determine the 
     projected use and cost of a project for purposes of paragraph 
     (3) at the time the project is approved under this 
     subsection, except that, in the case of a project to be 
     financed in part using funds administered by the Federal 
     Transit Administration, the Secretary shall use the travel 
     forecasting model for the project at the time the project is 
     approved by the Federal Transit Administration to enter 
     preliminary engineering to determine the projected use and 
     cost of the project for purposes of paragraph (3).
       ``(5) Nonattainment areas.--For airport property, any area 
     of which is located in a nonattainment area (as defined under 
     section 171 of the Clean Air Act (42 U.S.C. 7501)) for 1 or 
     more criteria pollutant, the airport emissions reductions 
     from less airport surface transportation and parking as a 
     direct result of the development of an intermodal project on 
     the airport property would be eligible for air quality 
     emissions credits.''.

     SEC. 1303. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED AIRPORT.

       Section 40117, as amended by section 1302 of this Act, is 
     further amended by adding at the end the following:
       ``(o) Use of Revenues at a Previously Associated Airport.--
     Notwithstanding the requirements relating to airport control 
     under subsection (b)(1), the Secretary may authorize use of a 
     passenger facility charge under subsection (b) to finance an 
     eligible airport-related project if--
       ``(1) the eligible agency seeking to impose the new charge 
     controls an airport where a $2.00 passenger facility charge 
     became effective on January 1, 2013; and
       ``(2) the location of the project to be financed by the new 
     charge is at an airport that was under the control of the 
     same eligible agency that had controlled the airport 
     described in paragraph (1).''.

     SEC. 1304. FUTURE AVIATION INFRASTRUCTURE AND FINANCING 
                   STUDY.

       (a) Future Aviation Infrastructure and Financing Study.--
     Not later than 60 days after the date of enactment of this 
     Act, the Secretary of Transportation shall enter into an 
     agreement with the Transportation Research Board of the 
     National Academies to conduct a study and make 
     recommendations on the actions needed to upgrade and restore 
     the national aviation infrastructure system to its role as a 
     premier system that meets the growing and shifting demands of 
     the 21st century, including airport infrastructure needs and 
     existing financial resources for commercial service airports.
       (b) Consultation.--In carrying out the study, the 
     Transportation Research Board shall convene and consult with 
     a panel of national experts, including--
       (1) nonhub airports;
       (2) small hub airports;
       (3) medium hub airports;
       (4) large hub airports;
       (5) airports with international service;
       (6) non-primary airports;
       (7) local elected officials;
       (8) relevant labor organizations;
       (9) passengers;
       (10) air carriers; and
       (11) representatives of the tourism industry.
       (c) Considerations.--In carrying out the study, the 
     Transportation Research Board shall consider--
       (1) the ability of airport infrastructure to meet current 
     and projected passenger volumes;
       (2) the available financial tools and resources for 
     airports of different sizes;
       (3) the current debt held by airports, and its impact on 
     future construction and capacity needs;
       (4) the impact of capacity constraints on passengers and 
     ticket prices;
       (5) the purchasing power of the passenger facility charge 
     from the last increase in 2000 to the year of enactment of 
     this Act;
       (6) the impact to passengers and airports of indexing the 
     passenger facility charge for inflation;
       (7) how long airports are constrained with current 
     passenger facility charge collections;
       (8) the impact of passenger facility charges to promote 
     competition;
       (9) the additional resources or options to fund terminal 
     construction projects;
       (10) the resources eligible for use toward noise reduction 
     and emission reduction projects;
       (11) the gap between AIP-eligible projects and the annual 
     Federal funding provided;
       (12) the impact of regulatory requirements on airport 
     infrastructure financing needs;
       (13) airline competition;
       (14) airline ancillary fees and their impact on ticket 
     pricing and taxable revenue; and
       (15) the ability of airports to finance necessary safety, 
     security, capacity, and environmental projects identified in 
     capital improvement plans.
       (d) Report.--Not later than 15 months after the date of 
     enactment of this Act, the Transportation Research Board 
     shall submit to the Secretary and the appropriate committees 
     of Congress a report on its findings and recommendations.
       (e) Funding.--The Secretary is authorized to use such sums 
     as are necessary to carry out the requirements of this 
     section.

                            TITLE II--SAFETY

              Subtitle A--Unmanned Aircraft Systems Reform

     SEC. 2001. DEFINITIONS.

       (a) In General.--Unless expressly provided otherwise, the 
     terms used in this subtitle have the meanings given the terms 
     in section 44801 of title 49, United States Code, as added by 
     section 2121 of this Act.
       (b) Definition of Civil Aircraft.--The term ``civil 
     aircraft'' has the meaning given the term in section 40102 of 
     title 49, United States Code.

                    PART I--PRIVACY AND TRANSPARENCY

     SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY.

       It is the policy of the United States that the operation of 
     any unmanned aircraft or unmanned aircraft system shall be 
     carried out in a manner that respects and protects personal 
     privacy consistent with the United States Constitution and 
     Federal, State, and local law.

     SEC. 2102. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) each person that uses an unmanned aircraft system for 
     compensation or hire, or in the furtherance of a business 
     enterprise, except for news gathering, should have a written 
     privacy policy consistent with section 2101 that is 
     appropriate to the nature and scope of the activities 
     regarding the collection, use, retention, dissemination, and 
     deletion of any data collected during the operation of an 
     unmanned aircraft system;
       (2) each privacy policy described in paragraph (1) should 
     be periodically reviewed and updated as necessary; and
       (3) each privacy policy described in paragraph (1) should 
     be publicly available.

     SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY.

       A violation of a privacy policy by a person that uses an 
     unmanned aircraft system for compensation or hire, or in the 
     furtherance of a business enterprise, in the national 
     airspace system shall be an unfair and deceptive practice in 
     violation of section 5(a) of the Federal Trade Commission Act 
     (15 U.S.C. 45(a)).

     SEC. 2104. NATIONAL TELECOMMUNICATIONS AND INFORMATION 
                   ADMINISTRATION MULTI-STAKEHOLDER PROCESS.

       Not later than July 31, 2016, the Administrator of the 
     National Telecommunications and Information Administration 
     shall submit to the appropriate committees of Congress a 
     report on the industry privacy best practices developed 
     through the multi-stakeholder engagement process (established 
     under Presidential Memorandum of February 15, 2015 (80 Fed. 
     Reg. 9355)) on unmanned aircraft systems transparency and 
     accountability. In addition to the agreed upon best 
     practices, this report shall include relevant stakeholder 
     recommendations for legislative or regulatory action 
     regarding privacy, accountability, and transparency, 
     including ways to encourage the adoption of privacy policies 
     by companies that use unmanned aircraft systems for 
     compensation or hire, or in the furtherance of a business 
     enterprise. The report shall take into account existing 
     rights protected under the

[[Page 3748]]

     First Amendment to the United States Constitution in public 
     spaces and the First Amendment rights of journalists to 
     control their archives.

     SEC. 2105. IDENTIFICATION STANDARDS.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology, in collaboration with the 
     Administrator of the Federal Aviation Administration, and in 
     consultation with the Secretary of Transportation, the 
     President of RTCA, Inc., and the Administrator of the 
     National Telecommunications and Information Administration, 
     shall convene industry stakeholders to facilitate the 
     development of consensus standards for remotely identifying 
     operators and owners of unmanned aircraft systems and 
     associated unmanned aircraft.
       (b) Considerations.--As part of the standards developed 
     under subsection (a), the Director shall consider--
       (1) requirements for remote identification of unmanned 
     aircraft systems;
       (2) appropriate requirements for different classifications 
     of unmanned aircraft systems operations, including public and 
     civil;
       (3) the role of manufacturers, the Federal Aviation 
     Administration, and the owners of the systems described in 
     paragraphs (1) and (2) in reporting and verifying 
     identification data; and
       (4) the feasibility of the development and operation of a 
     publicly searchable online database to further enable the 
     immediate remote identification of any unmanned aircraft and 
     its operator by the general public and potential exceptions 
     to inclusion in the online database.
       (c) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report on the consensus 
     identification standards.
       (d) Guidance.--Not later than 1 year after the date that 
     the Director submits the report on the consensus 
     identification standards under subsection (c), the 
     Administrator of the Federal Aviation Administration shall 
     issue regulatory guidance based on the consensus 
     identification standards.

     SEC. 2106. COMMERCIAL AND GOVERNMENTAL OPERATORS.

       (a) In General.--Except for model aircraft under section 
     44808 of title 49, United States Code, in authorizing the 
     operation of any public unmanned aircraft system or the 
     operation of any unmanned aircraft system by a person 
     conducting civil aircraft operations, the Administrator of 
     the Federal Aviation Administration, to the extent 
     practicable and consistent with applicable law and without 
     compromising national security, homeland defense, or law 
     enforcement, shall make the identifying information in 
     subsection (b) available to the public via an easily 
     searchable online database. The Administrator shall place a 
     clear and conspicuous link to the database on the home page 
     of the Federal Aviation Administration's website.
       (b) Contents.--The database described in subsection (a) 
     shall contain the following:
       (1) The name of each individual, or agency, as applicable, 
     authorized to conduct civil or public unmanned aircraft 
     systems operations described in subsection (a).
       (2) The name of each owner of an unmanned aircraft system 
     described in paragraph (1).
       (3) The expiration date of any authorization related to a 
     person identified in paragraph (1) or paragraph (2).
       (4) The contact information for each person identified in 
     paragraphs (1) and (2), including a telephone number and an 
     electronic mail address, in accordance with applicable 
     privacy laws.
       (5) The tail number or specific identification number of 
     all unmanned aircraft authorized for use that links each 
     unmanned aircraft to the owner of that aircraft.
       (6) For any unmanned aircraft system that will collect 
     personally identifiable information about individuals, 
     including the use of facial recognition--
       (A) the circumstance under which the system will be used;
       (B) the specific kinds of personally identifiable 
     information that the system will collect about individuals; 
     and
       (C) how the information referred to in subparagraph (B), 
     and the conclusions drawn from such information, will be 
     used, disclosed, and otherwise handled, including--
       (i) how the collection or retention of such information 
     that is unrelated to the specific use will be minimized;
       (ii) under what circumstances such information might be 
     sold, leased, or otherwise provided to third parties;
       (iii) the period during which such information will be 
     retained;
       (iv) when and how such information, including information 
     no longer relevant to the specified use, will be destroyed; 
     and
       (v) steps that will be used to protect against the 
     unauthorized disclosure of any information or data, such as 
     the use of encryption methods and other security features.
       (7) With respect to public unmanned aircraft systems--
       (A) the locations where the unmanned aircraft system will 
     operate;
       (B) the time during which the unmanned aircraft system will 
     operate;
       (C) the general purpose of the flight; and
       (D) the technical capabilities that the unmanned aircraft 
     system possesses.
       (c) Records.--Each person described in subsection (b)(1), 
     to the extent practicable without compromising national 
     security, homeland defense, or law enforcement shall maintain 
     and make available to the Administrator for not less than 1 
     year a record of the name and contact information of each 
     person on whose behalf the unmanned aircraft system has been 
     operated.
       (d) Deadline.--The Administrator shall make the database 
     available not later than 1 year after the date of enactment 
     of this Act.
       (e) Termination.--The Administrator may cease the operation 
     of such database on September 30, 2017.

     SEC. 2107. ANALYSIS OF CURRENT REMEDIES UNDER FEDERAL, STATE, 
                   AND LOCAL JURISDICTIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct and submit to the appropriate committees of Congress 
     a review of the privacy issues and concerns associated with 
     the operation of unmanned aircraft systems in the national 
     airspace system that--
       (1) examines and identifies the existing Federal, State, or 
     local laws, including constitutional law, that address an 
     individual's personal privacy;
       (2) identifies specific issues and concerns that may limit 
     the availability of existing civil or criminal legal remedies 
     regarding inappropriate operation of unmanned aircraft 
     systems in the national airspace system;
       (3) identifies any deficiencies in current Federal, State, 
     or local privacy protections; and
       (4) recommends legislative or other actions to address the 
     limitations and deficiencies identified in paragraphs (2) and 
     (3).

                   PART II--UNMANNED AIRCRAFT SYSTEMS

     SEC. 2121. DEFINITIONS.

       (a) In General.--Part A of subtitle VII is amended by 
     inserting after chapter 447 the following:

                ``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS

``Sec.
``44801. Definitions.

     ``Sec. 44801. Definitions

       ``In this chapter--
       ``(1) `appropriate committees of Congress' means the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       ``(2) `Arctic' means the United States zone of the Chukchi 
     Sea, Beaufort Sea, and Bering Sea north of the Aleutian 
     chain.
       ``(3) `certificate of waiver' and `certificate of 
     authorization' mean a Federal Aviation Administration grant 
     of approval for a specific flight operation.
       ``(4) `permanent areas' means areas on land or water that 
     provide for launch, recovery, and operation of small unmanned 
     aircraft.
       ``(5) `public unmanned aircraft system' means an unmanned 
     aircraft system that meets the qualifications and conditions 
     required for operation of a public aircraft (as defined in 
     section 40102(a)).
       ``(6) `sense and avoid capability' means the capability of 
     an unmanned aircraft to remain a safe distance from and to 
     avoid collisions with other airborne aircraft.
       ``(7) `small unmanned aircraft' means an unmanned aircraft 
     weighing less than 55 pounds, including the weight of 
     anything attached to or carried by the aircraft.
       ``(8) `test range' means a defined geographic area where 
     research and development are conducted as authorized by the 
     Administrator of the Federal Aviation Administration.
       ``(9) `test site' means any of the 6 test ranges 
     established by the Administrator of the Federal Aviation 
     Administration under section 332(c) of the FAA Modernization 
     and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect 
     on the day before the date of enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016, and any 
     public entity authorized by the Federal Aviation 
     Administration as an unmanned aircraft system flight test 
     center before January 1, 2009.
       ``(10) `unmanned aircraft' means an aircraft that is 
     operated without the possibility of direct human intervention 
     from within or on the aircraft.
       ``(11) `unmanned aircraft system' means an unmanned 
     aircraft and associated elements (including communication 
     links and the components that control the unmanned aircraft) 
     that are required for the operator to operate safely and 
     efficiently in the national airspace system.''.
       (b) Table of Chapters.--The table of chapters for subtitle 
     VII is amended by inserting after the item relating to 
     chapter 447 the following:

``448. Unmanned Aircraft Systems...........................44801''.....

     SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM TEST 
                   SITES.

       (a) In General.--Chapter 448, as designated by section 2121 
     of this Act, is amended by inserting after section 44801 the 
     following:

     ``Sec. 44802. Unmanned aircraft system test sites

       ``(a)(1) In General.--The Administrator of the Federal 
     Aviation Administration shall establish and update, as 
     appropriate, a program for the use of the 6 test sites 
     established under section 332(c) of the FAA Modernization and 
     Reform Act of 2012 (49 U.S.C.

[[Page 3749]]

     40101 note), and any public entity authorized by the Federal 
     Aviation Administration as an unmanned aircraft system flight 
     test center before January 1, 2009, to facilitate the safe 
     integration of unmanned aircraft systems into the national 
     airspace system.
       ``(2) Termination.--The program shall terminate on 
     September 30, 2017.
       ``(b) Program Requirements.--In establishing the program 
     under subsection (a), the Administrator shall--
       ``(1) designate airspace for safely testing the integration 
     of unmanned flight operations in the national airspace 
     system;
       ``(2) develop operational standards and air traffic 
     requirements for unmanned flight operations at test sites, 
     including test ranges;
       ``(3) coordinate with and leverage the resources of the 
     National Aeronautics and Space Administration and the 
     Department of Defense;
       ``(4) address both civil and public unmanned aircraft 
     systems;
       ``(5) ensure that the program is coordinated with relevant 
     aspects of the Next Generation Air Transportation System;
       ``(6) provide for verification of the safety of unmanned 
     aircraft systems and related navigation procedures as it 
     relates to continued development of standards for integration 
     into the national airspace system;
       ``(7) engage each test site operator in projects for 
     research, development, testing, and evaluation of unmanned 
     aircraft systems to facilitate the Federal Aviation 
     Administration's development of standards for the safe 
     integration of unmanned aircraft into the national airspace 
     system, which may include solutions for--
       ``(A) developing and enforcing geographic and altitude 
     limitations;
       ``(B) classifications of airspace where manufacturers must 
     prevent flight of an unmanned aircraft system;
       ``(C) classifications of airspace where manufacturers of 
     unmanned aircraft systems must alert the operator to hazards 
     or limitations on flight;
       ``(D) sense and avoid capabilities;
       ``(E) beyond-line-of-sight, nighttime operations and 
     unmanned traffic management, or other critical research 
     priorities; and
       ``(F) improving privacy protections through the use of 
     advances in unmanned aircraft systems technology;
       ``(8) coordinate periodically with all test site operators 
     to ensure test site operators know which data should be 
     collected, what procedures should be followed, and what 
     research would advance efforts to safely integrate unmanned 
     aircraft systems into the national airspace system;
       ``(9) allow a test site to develop multiple test ranges 
     within the test site;
       ``(10) streamline the approval process for test sites when 
     processing unmanned aircraft certificates of waiver or 
     authorization for operations at the test sites;
       ``(11) require each test site operator to protect 
     proprietary technology, sensitive data, or sensitive research 
     of any civil or private entity when using that test site 
     without the need to obtain an experimental or special 
     airworthiness certificate;
       ``(12) evaluate options for the operation of 1 or more 
     small unmanned aircraft systems beyond the visual line of 
     sight of the operator for testing under controlled conditions 
     that ensure the safety of persons and property, including on 
     the ground; and
       ``(13) allow test site operators to receive Federal 
     funding, other than from the Federal Aviation Administration, 
     including in-kind contributions, from test site participants 
     in the furtherance of research, development, and testing 
     objectives.
       ``(c) Test Site Locations.--In determining the location of 
     a test site under subsection (a), the Administrator shall--
       ``(1) take into consideration geographic and climatic 
     diversity;
       ``(2) take into consideration the location of ground 
     infrastructure and research needs; and
       ``(3) consult with the Administrator of the National 
     Aeronautics and Space Administration and the Secretary of 
     Defense.
       ``(d) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall submit 
     to the appropriate committees of Congress a report on the 
     establishment and implementation of the program under 
     subsection (a).
       ``(2) Briefings.--Beginning 180 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, and every 180 days thereafter 
     until September 30, 2017, the Administrator shall provide to 
     the appropriate committees of Congress a briefing that 
     includes--
       ``(A) a current summary of unmanned aircraft systems 
     operations at the test sites since the last briefing to 
     Congress;
       ``(B) a description of all of the data generated from the 
     operations described in subparagraph (A), and shared with the 
     Federal Aviation Administration through a cooperative 
     research and development agreement authorized in section 2123 
     of the Federal Aviation Administration Reauthorization Act of 
     2016, that relate to unmanned aircraft systems research 
     priorities, including beyond-line-of-sight, unmanned traffic 
     management, nighttime operations, and sense and avoid 
     technology;
       ``(C) a description of how the data described in 
     subparagraph (B) will be or is used--
       ``(i) to advance Federal Aviation Administration 
     priorities;
       ``(ii) to validate the safety of unmanned aircraft systems 
     and related technology; and
       ``(iii) to inform future rulemaking related to the 
     integration of unmanned aircraft systems into the national 
     airspace;
       ``(D) an evaluation of the activities and specific outcomes 
     from activities at the test sites that support the safe 
     integration of unmanned aircraft systems under this chapter; 
     and
       ``(E) recommendations for future Federal Aviation 
     Administration test site operations that would generate data 
     necessary to inform future rulemaking related to unmanned 
     aircraft systems.
       ``(e) Review of Operations by Test Site Operators.--The 
     operator of each test site under subsection (a) shall--
       ``(1) review the operations of unmanned aircraft systems 
     conducted at the test site, including--
       ``(A) ongoing or completed research; and
       ``(B) data regarding operations by private and public 
     operators; and
       ``(2) submit to the Administrator, in such form and manner 
     as specified by the Administrator, the results of the review, 
     including recommendations to further enable private research 
     and development operations at the test sites that contribute 
     to the Federal Aviation Administration's safe integration of 
     unmanned aircraft systems into the national airspace system, 
     on a quarterly basis until the program terminates.
       ``(f) Testing.--The Secretary may authorize an operator of 
     a test site described in subsection (a) to administer testing 
     requirements established by the Administrator for unmanned 
     aircraft systems operations.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as added by section 2121 of this Act, is further amended 
     by inserting after the item relating to section 44801 the 
     following:

``44802. Unmanned aircraft system test sites.''.

       (2) Pilot projects.--Section 332 of the FAA Modernization 
     and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by 
     striking subsection (c).

     SEC. 2123. ADDITIONAL RESEARCH, DEVELOPMENT, AND TESTING.

       (a) Research Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration and the United States Unmanned 
     Aircraft System Executive Committee, jointly, and in 
     coordination with industry, users, the Center of Excellence 
     for Unmanned Aircraft Systems, and test site operators, shall 
     develop a research plan to identify ongoing research into the 
     broad range of technical, procedural, and policy concerns 
     arising from the integration of unmanned aircraft systems 
     into the national airspace system, and research needs 
     regarding those concerns. In developing the plan, the 
     Administrator shall determine and engage the appropriate 
     entities to meet the research needs identified in the plan.
       (b) Collaborative Research and Development Agreements.--The 
     Administrator may use the other transaction authority under 
     section 106(l)(6) of title 49, United States Code, and enter 
     into collaborative research and development agreements, to 
     direct research related to unmanned aircraft systems, 
     including at any test site under section 44802(a) of that 
     title.

     SEC. 2124. SAFETY STANDARDS.

       (a) In General.--Chapter 448, as amended by section 2122 of 
     this Act, is further amended by inserting after section 44802 
     the following:

     ``SEC. 44803. AIRCRAFT SAFETY STANDARDS.

       ``(a) Consensus Aircraft Safety Standards.--Not later than 
     60 days after the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016, the Director of 
     the National Institute of Standards and Technology and the 
     Administrator of the Federal Aviation Administration, in 
     consultation with government and industry stakeholders and 
     appropriate standards-setting organizations, shall initiate a 
     collaborative process to develop risk-based, consensus 
     industry airworthiness standards related to the safe 
     integration of small unmanned aircraft systems into the 
     national airspace system.
       ``(b) Considerations.--In developing the consensus aircraft 
     safety standards, the Director and Administrator shall 
     consider the following:
       ``(1) Technologies or standards related to geographic 
     limitations, altitude limitations, and sense and avoid 
     capabilities.
       ``(2) Using performance-based standards.
       ``(3) Predetermined action to maintain safety in the event 
     that a communications link between a small unmanned aircraft 
     and its operator is lost or compromised.
       ``(4) Detectability and identifiability to pilots, the 
     Federal Aviation Administration, and air traffic controllers, 
     as appropriate.
       ``(5) Means to prevent tampering with or modification of 
     any system, limitation, or

[[Page 3750]]

     other safety mechanism or standard under this section or any 
     other provision of law, including a means to identify any 
     tampering or modification that has been made.
       ``(6) Consensus identification standards under section 
     2105.
       ``(7) How to update or modify a small unmanned aircraft 
     system that was commercially distributed prior to the 
     development of the consensus aircraft safety standards so 
     that, to the greatest extent practicable, such systems meet 
     the consensus aircraft safety standards.
       ``(8) Any technology or standard related to small unmanned 
     aircraft systems that promotes aviation safety.
       ``(c) Consultation.--In developing the consensus aircraft 
     safety standards under subsection (a), the Director and 
     Administrator shall consult with--
       ``(1) the Administrator of the National Aeronautics and 
     Space Administration;
       ``(2) the President of RTCA, Inc.;
       ``(3) the Secretary of Defense;
       ``(4) each operator of a test site under section 44802;
       ``(5) the Center of Excellence for Unmanned Aircraft 
     Systems;
       ``(6) unmanned aircraft systems stakeholders; and
       ``(7) community-based aviation organizations.
       ``(d) FAA Approval.--Not later than 1 year after the date 
     of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall establish a process for the 
     approval of small unmanned aircraft systems make and models 
     based upon the consensus aircraft safety standards developed 
     under subsection (a). The consensus aircraft safety standards 
     developed under subsection (a) shall allow the Administrator 
     to approve small unmanned aircraft systems for operation 
     within the national airspace system without requiring the 
     type certification process in parts 21 and 23 of the Code of 
     Federal Regulations.
       ``(e) Eligibility.--The consensus aircraft safety standards 
     for approval of small unmanned aircraft systems developed 
     under this section shall set eligibility requirements for an 
     airworthiness approval of a small unmanned aircraft system 
     which shall include the following:
       ``(1) An applicant must provide the Federal Aviation 
     Administration with--
       ``(A) the aircraft's operating instructions; and
       ``(B) the manufacturer's statement of compliance as 
     described in subsection (f) of this section.
       ``(2) A sample aircraft must be inspected by the Federal 
     Aviation Administration and found to be in a condition for 
     safe operation and in compliance with the consensus aircraft 
     safety standards required by the Administrator in subsection 
     (d).
       ``(f) Manufacturer's Statement of Compliance for Small 
     UAS.--The manufacturer's statement of compliance shall--
       ``(1) identify the aircraft make and model, and consensus 
     aircraft safety standard used;
       ``(2) state that the aircraft make and model meets the 
     provisions of the standard identified in paragraph (1);
       ``(3) state that the aircraft make and model conforms to 
     the manufacturer's design data, using the manufacturer's 
     quality assurance system that meets the identified consensus 
     standard adopted by the Administrator in subsection (d), and 
     is manufactured in way that ensures consistency in the 
     production process so that every unit produced meets the 
     applicable consensus aircraft safety standards;
       ``(4) state that the manufacturer will make available to 
     any interested person--
       ``(A) the aircraft's operating instructions, that meet the 
     standard identified in paragraph (1); and
       ``(B) the aircraft's maintenance and inspection procedures, 
     that meet the standard identified in paragraph (1);
       ``(5) state that the manufacturer will monitor and correct 
     safety-of-flight issues through a continued airworthiness 
     system that meets the standard identified in paragraph (1);
       ``(6) state that at the request of the Administration, the 
     manufacturer will provide access by the Administration to its 
     facilities; and
       ``(7) state that the manufacturer, in accordance with a 
     production acceptance test procedure that meets an applicable 
     consensus aircraft safety standard has--
       ``(A) ground and flight tested random samples of the 
     aircraft;
       ``(B) found the sample aircraft performance acceptable; and
       ``(C) determined that the make and model of aircraft is 
     suitable for safe operation.
       ``(g) Prohibition.--It shall be unlawful for any person to 
     introduce or deliver for introduction into interstate 
     commerce any unmanned aircraft manufactured after the date 
     that the Administrator adopts consensus aircraft safety 
     standards under this section, unless the manufacturer has 
     received approval under subsection (d) for each make and 
     model.''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2122 of this Act, is further 
     amended by inserting after the item relating to section 44802 
     the following:

``44803. Aircraft safety standards.''.

     SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN THE ARCTIC.

       (a) In General.--Chapter 448, as amended by section 2124 of 
     this Act, is further amended by inserting after section 44803 
     the following:

     ``Sec. 44804. Unmanned aircraft systems in the Arctic

       ``(a) In General.--The Secretary of Transportation shall 
     develop a plan and initiate a process to work with relevant 
     Federal agencies and national and international communities 
     to designate permanent areas in the Arctic where small 
     unmanned aircraft may operate 24 hours per day for research 
     and commercial purposes.
       ``(b) Plan Contents.--The plan under subsection (a) shall 
     include the development of processes to facilitate the safe 
     operation of unmanned aircraft beyond line of sight.
       ``(c) Requirements.--Each permanent area designated under 
     subsection (a) shall enable over-water flights from the 
     surface to at least 2,000 feet in altitude, with ingress and 
     egress routes from selected coastal launch sites.
       ``(d) Agreements.--To implement the plan under subsection 
     (a), the Secretary may enter into an agreement with relevant 
     national and international communities.
       ``(e) Aircraft Approval.--Not later than 1 year after the 
     entry into force of an agreement necessary to effectuate the 
     purposes of this section, the Secretary shall work with 
     relevant national and international communities to establish 
     and implement a process, or may apply an applicable process 
     already established, for approving the use of unmanned 
     aircraft in the designated permanent areas in the Arctic 
     without regard to whether an unmanned aircraft is used as a 
     public aircraft, a civil aircraft, or a model aircraft.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2124 of this Act, is further 
     amended by inserting after the item relating to section 44803 
     the following:

``44804. Unmanned aircraft systems in the Arctic.''.

       (2) Expanding use of unmanned aircraft systems in arctic.--
     Section 332 of the FAA Modernization and Reform Act of 2012 
     (49 U.S.C. 40101 note) is amended by striking subsection (d).

     SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT 
                   SYSTEMS.

       (a) In General.--Chapter 448, as amended by section 2125 of 
     this Act, is further amended by inserting after section 44804 
     the following:

     ``Sec. 44805. Special authority for certain unmanned aircraft 
       systems

       ``(a) In General.--Notwithstanding any other requirement of 
     this chapter, the Secretary of Transportation shall use a 
     risk-based approach to determine if certain unmanned aircraft 
     systems may operate safely in the national airspace system 
     notwithstanding completion of the comprehensive plan and 
     rulemaking required by section 332 of the FAA Modernization 
     and Reform Act of 2012 (49 U.S.C. 40101 note) or the guidance 
     required by section 44807.
       ``(b) Assessment of Unmanned Aircraft Systems.--In making 
     the determination under subsection (a), the Secretary shall 
     determine, at a minimum--
       ``(1) which types of unmanned aircraft systems, if any, as 
     a result of their size, weight, speed, operational 
     capability, proximity to airports and populated areas, and 
     operation within or beyond visual line of sight, or operation 
     during the day or night, do not create a hazard to users of 
     the national airspace system or the public; and
       ``(2) whether a certificate under section 44703 or section 
     44704 of this title, or a certificate of waiver or 
     certificate of authorization, is required for the operation 
     of unmanned aircraft systems identified under paragraph (1) 
     of this subsection.
       ``(c) Requirements for Safe Operation.--If the Secretary 
     determines under this section that certain unmanned aircraft 
     systems may operate safely in the national airspace system, 
     the Secretary shall establish requirements for the safe 
     operation of such aircraft systems in the national airspace 
     system, including operation related to research, development, 
     and testing of proprietary systems.
       ``(d) Pilot Certification Exemption.--If the Secretary 
     proposes, under this section, to require an operator of an 
     unmanned aircraft system to hold an airman certificate, a 
     medical certificate, or to have a minimum number of hours 
     operating a manned aircraft, the Secretary shall set forth 
     the reasoning for such proposal and seek public notice and 
     comment before imposing any such requirements.
       ``(e) Sunset.--The authority under this section for the 
     Secretary to determine if certain unmanned aircraft systems 
     may operate safely in the national airspace system terminates 
     effective September 30, 2017.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section

[[Page 3751]]

     2125 of this Act, is further amended by inserting after the 
     item relating to section 44804 the following:

``44805. Special rules for certain unmanned aircraft systems.''.

       (2) Special rules for certain unmanned aircraft systems.--
     Section 333 of the FAA Modernization and Reform Act of 2012 
     (49 U.S.C. 40101 note) and the item relating to that section 
     in the table of contents under section 1(b) of that Act (126 
     Stat. 13) are repealed.

     SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) beyond visual line of sight and nighttime operations of 
     unmanned aircraft systems have tremendous potential--
       (A) to enhance research and development both commercially 
     and in academics;
       (B) to spur economic growth and development through 
     innovative applications of this emerging technology; and
       (C) to improve emergency response efforts as it relates to 
     assessing damage to critical infrastructure such as roads, 
     bridges, and utilities, including water and power, ultimately 
     speeding response time;
       (2) advancements in miniaturization of safety technologies, 
     including for aircraft weighing under 4.4 pounds, have 
     increased economic opportunities for using unmanned aircraft 
     systems while reducing kinetic energy and risk compared to 
     unmanned aircraft that may weigh as much as 55 pounds;
       (3) advancements in unmanned technology will have the 
     capacity to ultimately improve manned aircraft safety; and
       (4) integrating unmanned aircraft systems safely into the 
     national airspace, including beyond visual line of sight and 
     nighttime operations on a routine basis should remain a top 
     priority for the Federal Aviation Administration as it 
     pursues additional rulemakings under the amendments made by 
     this section.
       (b) In General.--Chapter 448, as amended by section 2126 of 
     this Act, is further amended by inserting after section 44805 
     the following:

     ``Sec. 44806. Additional rulemaking authority

       ``(a) In General.--Notwithstanding the rulemaking required 
     by section 332 of the FAA Modernization and Reform Act of 
     2012 (49 U.S.C. 40101 note) or the guidance required by 
     section 44807 of this title and subject to subsection (b)(2) 
     of this section and section 44808, the Administrator may 
     issue regulations under which a person may operate certain 
     unmanned aircraft systems (as determined by the 
     Administrator) in the United States--
       ``(1) without an airman certificate;
       ``(2) without an airworthiness certificate for the 
     associated unmanned aircraft; or
       ``(3) that are not registered with the Federal Aviation 
     Administration.
       ``(b) Micro Unmanned Aircraft Systems Operational Rules.--
       ``(1) In general.--Notwithstanding the rulemaking required 
     by section 332 of the FAA Modernization and Reform Act of 
     2012 (49 U.S.C. 40101 note), the Administrator shall issue 
     regulations not later than 270 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016 under which any person may 
     operate a micro unmanned aircraft system classification of 
     unmanned aircraft systems, the aircraft component of which 
     weighs 4.4 pounds or less, including payload, without the 
     person operating the system being required to pass any airman 
     certification requirement, including any requirements under 
     section 44703 of this title, part 61 of title 14, Code of 
     Federal Regulations, or any other rule or regulation relating 
     to airman certification.
       ``(2) Operational rules.--The rulemaking required by 
     paragraph (1) relating to micro unmanned aircraft systems 
     shall consider the following rules, or any appropriate 
     modifications thereof concerning altitude, airspeed, 
     geographic location, and time of day as the Administrator 
     considers appropriate, for operation of such systems:
       ``(A) Operation an altitude of less than 400 feet above 
     ground level.
       ``(B) Operation with an airspeed of not greater than 40 
     knots.
       ``(C) Operation within the visual line of sight of the 
     operator.
       ``(D) Operation during the hours between sunrise and 
     sunset.
       ``(E) Operation not less than 5 statute miles from the 
     geographic center of an airport with an operational air 
     traffic control tower or an airport denoted on a current 
     aeronautical chart published by the Federal Aviation 
     Administration, except that a micro unmanned aircraft system 
     may be operated within 5 statute miles of such an airport if 
     the operator of the system--
       ``(i) provides notice to the airport operator; and
       ``(ii) in the case of an airport with an operational air 
     traffic control tower, receives approval from the air traffic 
     control tower.
       ``(c) Scope of Regulations.--
       ``(1) In general.--In determining whether a person may 
     operate an unmanned aircraft system under 1 or more of the 
     circumstances described under paragraphs (1) through (3) of 
     subsection (a), the Administrator shall use a risk-based 
     approach and consider, at a minimum, the physical and 
     functional characteristics of the unmanned aircraft system.
       ``(2) Limitation.--The Administrator may only issue 
     regulations under this section for unmanned aircraft systems 
     that the Administrator determines may be operated safely in 
     the national airspace system.
       ``(d) Rules of Construction.--Nothing in this section may 
     be construed--
       ``(1) to prohibit a person from operating an unmanned 
     aircraft system under a circumstance described under 
     paragraphs (1) through (3) of subsection (a) if--
       ``(A) the circumstance is allowed by regulations issued 
     under this section; and
       ``(B) the person operates the unmanned aircraft system in a 
     manner prescribed by the regulations; and
       ``(2) to limit or affect in any way the Administrator's 
     authority to conduct a rulemaking, make a determination, or 
     carry out any activity related to unmanned aircraft or 
     unmanned aircraft systems under any other provision of 
     law.''.
       (c) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2126 of this Act, is further 
     amended by inserting after the item relating to section 44805 
     the following:

``44806. Additional rulemaking authority.''.

     SEC. 2128. GOVERNMENTAL UNMANNED AIRCRAFT SYSTEMS.

       (a) In General.--Chapter 448, as amended by section 2127 of 
     this Act, is further amended by inserting after section 44806 
     the following:

     ``Sec. 44807. Public unmanned aircraft systems

       ``(a) Guidance.--The Secretary of Transportation shall 
     issue guidance regarding the operation of a public unmanned 
     aircraft system--
       ``(1) to streamline the process for the issuance of a 
     certificate of authorization or a certificate of waiver;
       ``(2) to provide for a collaborative process with public 
     agencies to allow for an incremental expansion of access to 
     the national airspace system as technology matures and the 
     necessary safety analyses and data become available, and 
     until standards are completed and technology issues are 
     resolved;
       ``(3) to facilitate the capability of public agencies to 
     develop and use test ranges, subject to operating 
     restrictions required by the Federal Aviation Administration, 
     to test and operate public unmanned aircraft systems; and
       ``(4) to provide guidance on a public agency's 
     responsibilities when operating an unmanned aircraft without 
     a civil airworthiness certificate issued by the 
     Administration.
       ``(b) Standards for Operation and Certification.--The 
     Administrator of the Federal Aviation Administration shall 
     develop and implement operational and certification 
     requirements for the operation of a public unmanned aircraft 
     system in the national airspace system.
       ``(c) Agreements With Government Agencies.--
       ``(1) In general.--The Secretary shall enter into an 
     agreement with each appropriate public agency to simplify the 
     process for issuing a certificate of waiver or a certificate 
     of authorization with respect to an application for 
     authorization to operate a public unmanned aircraft system in 
     the national airspace system.
       ``(2) Contents.--An agreement under paragraph (1) shall--
       ``(A) with respect to an application described in paragraph 
     (1)--
       ``(i) provide for an expedited review of the application;
       ``(ii) require a decision by the Administrator on approval 
     or disapproval not later than 60 business days after the date 
     of submission of the application;
       ``(iii) allow for an expedited appeal if the application is 
     disapproved; and
       ``(iv) if applicable, include verification of the data 
     minimization policy required under subsection (d);
       ``(B) allow for a one-time approval of similar operations 
     carried out during a fixed period of time; and
       ``(C) allow a government public safety agency to operate an 
     unmanned aircraft weighing 25 pounds or less if that unmanned 
     aircraft is operated--
       ``(i) within or beyond the line of sight of the operator;
       ``(ii) less than 400 feet above the ground;
       ``(iii) during daylight conditions;
       ``(iv) within Class G airspace; and
       ``(v) outside of 5 statute miles from any airport, 
     heliport, seaplane base, spaceport, or other location with 
     aviation activities.
       ``(d) Data Minimization for Certain Public Unmanned 
     Aircraft System Operators.--Not later than 180 days after the 
     date of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016 each Federal agency authorized by 
     the Secretary to operate an unmanned aircraft system shall 
     develop and update a data minimization policy that requires, 
     at a minimum, that--
       ``(1) prior to the deployment of any new unmanned aircraft 
     system technology, and at least every 3 years, existing 
     policies and procedures relating to the collection, use, 
     retention, and dissemination of information obtained by an 
     unmanned aircraft system

[[Page 3752]]

     must be examined to ensure that privacy, civil rights, and 
     civil liberties are protected;
       ``(2) if the unmanned aircraft system is the platform for 
     information collection, information must be collected, used, 
     retained, and disseminated consistent with the Constitution, 
     Federal law, and other applicable regulations and policies, 
     such as the Privacy Act of 1974 (5 U.S.C. 552a);
       ``(3) the Federal agency or person operating on its behalf, 
     only collect information using the unmanned aircraft system, 
     or use unmanned aircraft system-collected information, to the 
     extent that the collection or use is consistent with and 
     relevant to an authorized purpose as determined by the head 
     of a Federal agency and consistent with the law;
       ``(4) any information collected, using an unmanned aircraft 
     or an unmanned aircraft system, that may contain personal 
     information will not be retained by any Federal agency for 
     more than 180 days after the date of collection unless--
       ``(A) the head of the Federal agency determines that 
     retention of the information is directly relevant and 
     necessary to accomplish the specific purpose for which the 
     Federal agency used the unmanned aircraft system;
       ``(B) that Federal agency maintains the information in a 
     system of records under section 552a of title 5; or
       ``(C) the information is required to be retained for a 
     longer period under other applicable law, including 
     regulations;
       ``(5) any information collected, using an unmanned aircraft 
     or unmanned aircraft system, that is not maintained in a 
     system of records under section 552a of title 5, will not be 
     disseminated outside of that Federal agency unless--
       ``(A) dissemination is required by law; or
       ``(B) dissemination satisfies an authorized purpose and 
     complies with that Federal agency's disclosure requirements;
       ``(6) to the extent it does not compromise law enforcement 
     or national security a Federal agency shall--
       ``(A) provide notice to the public regarding where in the 
     national airspace system the Federal agency is authorized to 
     operate the unmanned aircraft system;
       ``(B) keep the public informed about the Federal agency's 
     unmanned aircraft system program, including any changes to 
     that program that would significantly affect privacy, civil 
     rights, or civil liberties;
       ``(C) make available to the public, on an annual basis, a 
     general summary of the Federal agency's unmanned aircraft 
     system operations during the previous fiscal year, 
     including--
       ``(i) a brief description of types or categories of 
     missions flown; and
       ``(ii) the number of times the Federal agency provided 
     assistance to other agencies or to State, local, tribal, or 
     territorial governments; and
       ``(D) make available on a public and searchable Internet 
     website the data minimization policy of the Federal agency;
       ``(7) ensures oversight of the Federal agency's unmanned 
     aircraft system use, including--
       ``(A) the use of audits or assessments that comply with 
     existing Federal agency policies and regulations;
       ``(B) the verification of the existence of rules of conduct 
     and training for Federal Government personnel and contractors 
     who work on programs, and procedures for reporting suspected 
     cases of misuse or abuse of unmanned aircraft system 
     technologies;
       ``(C) the establishment of policies and procedures, or 
     confirmation that policies and procedures are in place, that 
     provide meaningful oversight of individuals who have access 
     to sensitive information, including personal information, 
     collected using an unmanned aircraft system;
       ``(D) ensuring that any data-sharing agreements or 
     policies, data use policies, and record management policies 
     applicable to an unmanned aircraft system conform to 
     applicable laws, regulations, and policies;
       ``(E) the establishment of policies and procedures, or 
     confirmation that policies and procedures are in place, to 
     authorize the use of an unmanned aircraft system in response 
     to a request for unmanned aircraft system assistance in 
     support of Federal, State, local, tribal, or territorial 
     government operations; and
       ``(F) a requirement that State, local, tribal, and 
     territorial government recipients of Federal grant funding 
     for the purchase or use of unmanned aircraft systems for 
     their own operations have in place policies and procedures to 
     safeguard individuals' privacy, civil rights, and civil 
     liberties prior to expending such funds; and
       ``(8) ensures the protection of civil rights and civil 
     liberties, including--
       ``(A) ensuring that policies are in place to prohibit the 
     collection, use, retention, or dissemination of data in any 
     manner that would violate the First Amendment or in any 
     manner that would discriminate against persons based upon 
     their ethnicity, race, gender, national origin, religion, 
     sexual orientation, or gender identity, in violation of law;
       ``(B) ensuring that unmanned aircraft system activities are 
     performed in a manner consistent with the Constitution and 
     applicable laws, Executive Orders, and other Presidential 
     directives; and
       ``(C) ensuring that adequate procedures are in place to 
     receive, investigate, and address, as appropriate, privacy, 
     civil rights, and civil liberties complaints.
       ``(e) Law Enforcement and National Security.--Each Federal 
     agency shall effectuate a requirement under subsection (d) 
     only to the extent it does not compromise law enforcement or 
     national security.
       ``(f) Definition of Federal Agency.--In subsections (d) and 
     (e), the term `Federal agency' has the meaning given the term 
     `agency' in section 552(f) of title 5, United States Code.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2127 of this Act, is further 
     amended by inserting after the item relating to section 44806 
     the following:

``44807. Public unmanned aircraft systems.''.
       (2) Public unmanned aircraft systems.--Section 334 of the 
     FAA Modernization and reform Act of 2012 (49 U.S.C. 40101 
     note) and the item relating to that section in the table of 
     contents under section 1(b) of that Act (126 Stat. 13) are 
     repealed.

     SEC. 2129. SPECIAL RULES FOR MODEL AIRCRAFT.

       (a) In General.--Chapter 448, as amended by section 2128 of 
     this Act, is further amended by inserting after section 44807 
     the following:

     ``Sec. 44808. Special rules for model aircraft

       ``(a) In General.--Notwithstanding any other provision of 
     law relating to the incorporation of unmanned aircraft 
     systems into Federal Aviation Administration plans and 
     policies, including this chapter, the Administrator of the 
     Federal Aviation Administration may not promulgate any new 
     rule or regulation specific only to an unmanned aircraft 
     operating as a model aircraft if--
       ``(1) the aircraft is flown strictly for hobby or 
     recreational use;
       ``(2) the aircraft is operated in accordance with a 
     community-based set of safety guidelines and within the 
     programming of a nationwide community-based organization;
       ``(3) not flown beyond visual line of sight of persons co-
     located with the operator or in direct communication with the 
     operator;
       ``(4) the aircraft is operated in a manner that does not 
     interfere with and gives way to any manned aircraft;
       ``(5) when flown within 5 miles of an airport, the operator 
     of the aircraft provides the airport operator, where 
     applicable, and the airport air traffic control tower (when 
     an air traffic facility is located at the airport) with prior 
     notice and receives approval from the tower, to the extent 
     practicable, for the operation from each (model aircraft 
     operators flying from a permanent location within 5 miles of 
     an airport should establish a mutually agreed upon operating 
     procedure with the airport operator and the airport air 
     traffic control tower (when an air traffic facility is 
     located at the airport));
       ``(6) the aircraft is flown from the surface to not more 
     than 400 feet in altitude, except under special conditions 
     and programs established by a community-based organization; 
     and
       ``(7) the operator has passed an aeronautical knowledge and 
     safety test administered by the Federal Aviation 
     Administration online for the operation of unmanned aircraft 
     systems subject to the requirements of section 44809 and 
     maintains proof of test passage to be made available to the 
     Administrator or law enforcement upon request.
       ``(b) Updates.--
       ``(1) In general.--The Administrator, in collaboration with 
     government and industry stakeholders, including nationwide 
     community-based organizations, shall initiate a process to 
     update the operational parameters under subsection (a), as 
     appropriate.
       ``(2) Considerations.--In updating an operational parameter 
     under paragraph (1), the Administrator shall consider--
       ``(A) appropriate operational limitations to mitigate 
     aviation safety risk and risk to the uninvolved public;
       ``(B) operations outside the membership, guidelines, and 
     programming of a nationwide community-based organization;
       ``(C) physical characteristics, technical standards, and 
     classes of aircraft operating under this section;
       ``(D) trends in use, enforcement, or incidents involving 
     unmanned aircraft systems; and
       ``(E) ensuring, to the greatest extent practicable, that 
     updates to the operational parameters correspond to, and 
     leverage, advances in technology.
       ``(3) Savings clause.--Nothing in this subsection shall be 
     construed as expanding the authority of the Administrator to 
     require operators of model aircraft under the exemption of 
     this subsection to be required to seek permissive authority 
     of the Administrator prior to operation in the national 
     airspace system.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to limit the authority of the 
     Administrator to pursue enforcement action against persons 
     operating model aircraft.
       ``(d) Model Aircraft Defined.--In this section, the term 
     `model aircraft' means an unmanned aircraft that--

[[Page 3753]]

       ``(1) is capable of sustained flight in the atmosphere; and
       ``(2) is limited to weighing not more than 55 pounds, 
     including the weight of anything attached to or carried by 
     the aircraft, unless otherwise approved through a design, 
     construction, inspection, flight test, and operational safety 
     program administered by a community-based organization.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2128 of this Act, is further 
     amended by inserting after the item relating to section 44807 
     the following:

``44808. Special rules for model aircraft.''.

       (2) Special rule for model aircraft.--Section 336 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 
     note) and the item relating to that section in the table of 
     contents under section 1(b) of that Act (126 Stat. 13) are 
     repealed.

     SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL KNOWLEDGE 
                   AND SAFETY.

       (a) In General.--Chapter 448, as amended by section 2129 of 
     this Act, is further amended by inserting after section 44808 
     the following:

     ``Sec. 44809. Aeronautical knowledge and safety test

       ``(a) In General.--An individual may not operate an 
     unmanned aircraft system unless--
       ``(1) the individual has successfully completed an 
     aeronautical knowledge and safety test under subsection (c);
       ``(2) the individual has authority to operate an unmanned 
     aircraft under other Federal law; or
       ``(3) the individual is a holder of an airmen certificate 
     issued under section 44703.
       ``(b) Exception.--This section shall not apply to the 
     operation of an unmanned aircraft system that has been 
     authorized by the Federal Aviation Administration under 
     section 44802, 44805, 44806, or 44807. The Administrator may 
     waive the requirements of this section for operators of 
     aircraft weighing less than 0.55 pounds or for operators 
     under the age of 13 operating the unmanned aircraft system 
     under the supervision of an adult as determined by the 
     Administrator.
       ``(c) Aeronautical Knowledge and Safety Test.--Not later 
     than 180 days after the date of enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016, the 
     Administrator of the Federal Aviation Administration, in 
     consultation with manufacturers of unmanned aircraft systems, 
     other industry stakeholders, and community-based aviation 
     organizations, shall develop an aeronautical knowledge and 
     safety test that can be administered electronically.
       ``(d) Requirements.--The Administrator shall ensure that 
     the aeronautical knowledge and safety test is designed to 
     adequately demonstrate an operator's--
       ``(1) understanding of aeronautical safety knowledge, as 
     applicable; and
       ``(2) knowledge of Federal Aviation Administration 
     regulations and requirements pertaining to the operation of 
     an unmanned aircraft system in the national airspace system.
       ``(e) Record of Compliance.--
       ``(1) In general.--Each operator of an unmanned aircraft 
     system described under subsection (a) shall maintain and make 
     available for inspection, upon request by the Administrator 
     or a Federal, State, or local law enforcement officer, a 
     record of compliance with this section through--
       ``(A) an identification number, issued by the Federal 
     Aviation Administration certifying passage of the 
     aeronautical knowledge and safety test;
       ``(B) if the individual has authority to operate an 
     unmanned aircraft system under other Federal law, the 
     requisite proof of authority under that law; or
       ``(C) an airmen certificate issued under section 44703.
       ``(2) Coordination.--The Administrator may coordinate the 
     identification number under paragraph (1)(A) with an 
     operator's registration number to the extent practicable.
       ``(3) Limitation.--No fine or penalty may be imposed for 
     the initial failure of an operator of an unmanned aircraft 
     system to comply with paragraph (1) unless the Administrator 
     finds that the conduct of the operator actually posed a risk 
     to the national airspace system.''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2129 of this Act, is further 
     amended by inserting after the item relating to section 44808 
     the following:

``44809. Aeronautical knowledge and safety test.''.

     SEC. 2131. SAFETY STATEMENTS.

       (a) In General.--Chapter 448, as amended by section 2130 of 
     this Act, is further amended by inserting after section 44809 
     the following:

     ``Sec. 44810. Safety statements

       ``(a) Prohibition.--Beginning on the date that is 1 year 
     after the date of publication of the guidance under 
     subsection (b)(1), it shall be unlawful for any person to 
     introduce or deliver for introduction into interstate 
     commerce any unmanned aircraft manufactured unless a safety 
     statement is attached to the unmanned aircraft or 
     accompanying the unmanned aircraft in its packaging.
       ``(b) Safety Statement.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall issue guidance for implementing 
     this section.
       ``(2) Requirements.--A safety statement described in 
     subsection (a) shall include--
       ``(A) information about laws and regulations applicable to 
     unmanned aircraft systems;
       ``(B) recommendations for using unmanned aircraft in a 
     manner that promotes the safety of persons and property;
       ``(C) the date that the safety statement was created or 
     last modified; and
       ``(D) language approved by the Administrator regarding the 
     following:
       ``(i) A person may operate the unmanned aircraft as a model 
     aircraft (as defined in section 44808) or otherwise in 
     accordance with Federal Aviation Administration authorization 
     or regulation, including requirements for the completion of 
     the aeronautical knowledge and safety test under section 
     44809.
       ``(ii) The definition of a model aircraft under section 
     44808.
       ``(iii) The requirements regarding a model aircraft under 
     paragraphs (1) through (7) of section 44808(a).
       ``(iv) The Administrator of the Federal Aviation 
     Administration may pursue enforcement action against a person 
     operating model aircraft who endangers the safety of the 
     national airspace system.
       ``(c) Civil Penalty.--A person who violates subsection (a) 
     shall be liable for each violation to the United States 
     Government for a civil penalty described in section 
     46301(a).''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2130 of this Act, is further 
     amended by inserting after the item relating to section 44809 
     the following:

``44810. Safety statements.''.

     SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT OPERATING 
                   UNDERGROUND.

       An unmanned aircraft system that is operated underground 
     for mining purposes shall not be subject to regulation or 
     enforcement by the Federal Aviation Administration under 
     chapter 448 of title 49, United States Code.

     SEC. 2133. ENFORCEMENT.

       (a) UAS Safety Enforcement.--The Administrator of the 
     Federal Aviation Administration shall establish a program to 
     utilize available remote detection and identification 
     technologies for safety oversight, including enforcement 
     actions against operators of unmanned aircraft systems that 
     are not in compliance with applicable Federal aviation laws, 
     including regulations.
       (b) Civil Penalties.--
       (1) In general.--Section 46301 is amended--
       (A) in subsection (a)(1)(A), by inserting ``chapter 448,'' 
     after ``chapter 447 (except sections 44717 and 44719-
     44723),'';
       (B) in subsection (a)(5), by inserting ``chapter 448,'' 
     after ``chapter 447 (except sections 44717-44723),'';
       (C) in subsection (d)(2), by inserting ``chapter 448,'' 
     after ``chapter 447 (except sections 44717 and 44719-
     44723),''; and
       (D) in subsection (f), by inserting ``chapter 448,'' after 
     ``chapter 447 (except 44717 and 44719-44723),''.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit the authority of the Administrator to 
     pursue an enforcement action for a violation of this Act, a 
     regulation prescribed or order or authority issued under this 
     Act, or any other applicable provision of aviation safety law 
     or regulation.
       (c) Reporting.--As part of the program, the Administrator 
     shall establish and publicize a mechanism for the public and 
     Federal, State, and local law enforcement to report a 
     suspected abuse or a violation of chapter 448 of title 49, 
     United States Code, for enforcement action.
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $5,000,000 
     for each of the fiscal years 2016 through 2017.

     SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERVICES 
                   DISRUPTION.

       (a) In General.--Chapter 463 is amended--
       (1) in section 46301(d)(2), by inserting ``section 46320,'' 
     after ``section 46319,''; and
       (2) by adding at the end the following:

     ``Sec. 46320. Interference with firefighting, law 
       enforcement, or emergency response activities

       ``(a) Prohibition.--No person may operate an aircraft so as 
     to interfere with firefighting, law enforcement, or emergency 
     response activities.
       ``(b) Definition.--For purposes of this section, an 
     aircraft interferes with the activities specified in 
     subsection (a) when its operation prevents the initiation of, 
     interrupts, or endangers a person or property engaged in 
     those activities.
       ``(c) Civil Penalty.--A person violating subsection (a) 
     shall be liable for a civil penalty of not more than $20,000.
       ``(d) Compromise and Setoff.--The United States Government 
     may deduct the amount

[[Page 3754]]

     of a civil penalty imposed or compromised under this section 
     from the amounts the Government owes the person liable for 
     the penalty.''.
       (b) Table of Contents.--The table of contents for chapter 
     463 is amended by inserting after the item relating to 
     section 46319 the following:

``46320. Interference with firefighting, law enforcement, or emergency 
              response activities.''.

     SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE 
                   HAZARD MITIGATION.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall carry out a pilot program for airspace 
     hazard mitigation at airports and other critical 
     infrastructure.
       (b) Consultation.--In carrying out the pilot program under 
     subsection (a), the Administrator shall work with the 
     Secretary of Defense, Secretary of Homeland Security, and the 
     heads of relevant Federal agencies for the purpose of 
     ensuring technologies that are developed, tested, or deployed 
     by those departments and agencies to mitigate threats posed 
     by errant or hostile unmanned aircraft system operations do 
     not adversely impact or interfere with safe airport 
     operations, navigation, and air traffic services.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated from the Airport and Airway Trust Fund to 
     carry out this section $6,000,000, to remain available until 
     expended.

     SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY FUNCTIONS.

       (a) In General.--Chapter 448, as amended by section 2131 of 
     this Act, is further amended by inserting after section 44810 
     the following:

     ``Sec. 44811. Regulatory and administrative fees

       ``(a) In General.--Subject to subsection (b), the 
     Administrator may assess and collect regulatory and 
     administrative fees to recover the costs of regulatory and 
     administrative activities under this chapter related to 
     authorization to operate unmanned aircraft systems for 
     compensation or hire, or in the furtherance of a business 
     enterprise.
       ``(b) Limitations.--Fees authorized under subsection (a) 
     shall be reasonable, cost-based relative to the regulatory or 
     administrative activity, and may not be discriminatory or a 
     deterrent to compliance.
       ``(c) Receipts Credited to Account.--Notwithstanding 
     section 3302 of title 31, all fees and amounts collected 
     under this section shall be credited to the separate account 
     established under section 45303(c). Section 41742 shall not 
     apply to fees and amounts collected under this section.
       ``(d) Regulations.--Not later than 1 year after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall issue 
     regulations to carry out this section.''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2131 of this Act, is further 
     amended by inserting after the item relating to section 44810 
     the following:

``44811. Regulatory and administrative fees.''.

     SEC. 2137. SENSE OF CONGRESS REGARDING SMALL UAS RULEMAKING.

       It is the sense of the Congress that the Administrator of 
     the Federal Aviation Administration and Secretary of 
     Transportation should take every necessary action to expedite 
     final action on the notice of proposed rulemaking dated 
     February 23, 2015 (80 Fed. Reg. 9544), entitled ``Operation 
     and Certification of Small Unmanned Aircraft Systems''.

     SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.

       (a) Research Plan for UTM Development.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration, in coordination with the Administrator of the 
     National Aeronautics and Space Administration, shall develop 
     a research plan for unmanned aircraft systems traffic 
     management (referred to in this section as ``UTM'') 
     development.
       (2) Requirements.--In developing the research plan under 
     paragraph (1), the Administrator shall--
       (A) identify research goals related to:
       (i) operational parameters related to altitude, geographic 
     coverage, classes of airspace, and critical infrastructure;
       (ii) avionics capability requirements or standards;
       (iii) operator identification and authentication 
     requirements and capabilities;
       (iv) communication protocols with air traffic control 
     facilities that will not interfere with existing 
     responsibility to deconflict manned aircraft in the national 
     airspace system;
       (v) collision avoidance requirements;
       (vi) separation standards for manned and unmanned aircraft; 
     and
       (vii) spectrum needs;
       (B) evaluate options for the administration and management 
     structure for the traffic management of low altitude 
     operations of small unmanned aircraft systems; and
       (C) ensure the plan is consistent with the broader Federal 
     Aviation Administration regulatory and operational framework 
     encompassing all unmanned aircraft systems operations 
     expected to be authorized in the national airspace system.
       (3) Assessment.--The research plan under paragraph (1) 
     shall include an assessment of--
       (A) the ability to allow near-term small unmanned aircraft 
     system operations without need of an automated UTM system;
       (B) the full range of operational capability any automated 
     UTM system should possess;
       (C) the operational characteristics and metrics that would 
     drive incremental adoption of automated capability and 
     procedures consistent with a rising aggregate community 
     demand for service for low altitude operations of small 
     unmanned aircraft systems; and
       (D) the integration points for small unmanned aircraft 
     system traffic management with the existing national airspace 
     system planning and traffic management systems.
       (4) Deadlines.--The Administrator shall--
       (A) initiate development of the research plan not later 
     than 90 days after the date of enactment of this Act; and
       (B) not later than 180 days after the date of enactment of 
     this Act--
       (i) complete the research plan;
       (ii) submit the research plan to the appropriate committees 
     of Congress; and
       (iii) publish the research plan on the Federal Aviation 
     Administration's Web site.
       (b) Pilot Program.--
       (1) In general.--Not later than 120 days after the date the 
     research plan under subsection (a) is submitted under 
     paragraph (4)(B) of that subsection, the Administrator of the 
     Federal Aviation Administration shall coordinate with the 
     Administrator of the National Aeronautics and Space 
     Administration and the small unmanned aircraft systems 
     industry to develop operational concepts and top-level system 
     requirements for a UTM system pilot program, consistent with 
     subsection (a).
       (2) Solicitation.--The Administrator shall issue a 
     solicitation for operational prototype systems that meet the 
     necessary objectives for use in a pilot program to 
     demonstrate, validate, or modify, as appropriate, the 
     requirements developed under paragraph (1).
       (c) Comprehensive Plan.--
       (1) In general.--Not later than 270 days after the date the 
     pilot program under subsection (b) is complete, the 
     Administrator of the Federal Aviation Administration, in 
     coordination with the Administrator of the National 
     Aeronautics and Space Administration, and in consultation 
     with the head of each relevant Federal agency, shall develop 
     a comprehensive plan for the deployment of UTM systems in the 
     national airspace.
       (2) System requirements.--The comprehensive plan under 
     paragraph (1) shall include requirements or standards 
     consistent with established or planned rulemaking for, at a 
     minimum--
       (A) the flight of small unmanned aircraft systems in 
     controlled and uncontrolled airspace;
       (B) communications, as applicable--
       (i) among small unmanned aircraft systems;
       (ii) between small unmanned aircraft systems and manned 
     aircraft operating in the same airspace; and
       (iii) between small unmanned aircraft systems and air 
     traffic control as considered necessary; and
       (C) air traffic management for small unmanned aircraft 
     systems operations.
       (d) System Implementation.--Based on the comprehensive plan 
     under subsection (c), including the requirements under 
     paragraph (2) of that subsection, and the pilot program under 
     subsection (b), the Administrator shall determine the 
     operational need and implementation schedule for evolutionary 
     use of automation support systems to separate and deconflict 
     manned and unmanned aircraft systems.

     SEC. 2139. EMERGENCY EXEMPTION PROCESS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall publish guidance for 
     applications for, and procedures for the processing of, on an 
     emergency basis, exemptions or certificates of authorization 
     or waiver for the use of unmanned aircraft systems by civil 
     or public operators in response to a catastrophe, disaster, 
     or other emergency to facilitate emergency response 
     operations, such as firefighting, search and rescue, and 
     utility and infrastructure restoration efforts. This guidance 
     shall outline procedures for operations under both sections 
     44805 and 44807, of title 49, United States Code, with 
     priority given to applications for public unmanned aircraft 
     systems engaged in emergency response activities.
       (b) Requirements.--In providing guidance under subsection 
     (a), the Administrator shall--
       (1) make explicit any safety requirements that must be met 
     for the consideration of applications that include requests 
     for beyond visual line of sight, nighttime operations, or the 
     suspension of otherwise applicable operating restrictions, 
     consistent with public interest and safety; and
       (2) explicitly state the procedures for coordinating with 
     an incident commander, if any, to ensure operations granted 
     under procedures developed under subsection (a) do

[[Page 3755]]

     not interfere with manned catastrophe, disaster, or other 
     emergency response operations or otherwise impact response 
     efforts.
       (c) Review.--In processing applications on an emergency 
     basis for exemptions or certificates of authorization or 
     waiver for unmanned aircraft systems operations in response 
     to a catastrophe, disaster, or other emergency, the 
     Administrator of the Federal Aviation Administration shall 
     act on such applications as expeditiously as practicable and 
     without requiring public notice and comment.

     SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.

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

     SEC. 2141. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT 
                   SYSTEMS FOR COMPENSATION OR HIRE.

       (a) In General.--Chapter 448, as amended by section 2136 of 
     this Act, is further amended by adding after section 44811 
     the following:

     ``Sec. 44812. Carriage of property by small unmanned aircraft 
       systems for compensation or hire

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of this section, the Secretary of Transportation 
     shall issue a final rule authorizing the carriage of property 
     by operators of small unmanned aircraft systems for 
     compensation or hire within the United States.
       ``(b) Contents.--The final rule required under subsection 
     (a) shall provide for the following:
       ``(1) Small uas air carrier certificate.--The Administrator 
     of the Federal Aviation Administration, at the direction of 
     the Secretary, shall establish a certificate (to be known as 
     a `small UAS air carrier certificate') for persons that 
     undertake directly, by lease, or other arrangement the 
     operation of small unmanned aircraft systems to carry 
     property in air transportation, including commercial fleet 
     operations with highly automated unmanned aircraft systems. 
     The requirements to operate under a small UAS air carrier 
     certificate shall--
       ``(A) consider the unique characteristics of highly 
     automated, small unmanned aircraft systems; and
       ``(B) include requirements for the safe operation of small 
     unmanned aircraft systems that, at a minimum, address--
       ``(i) airworthiness of small unmanned aircraft systems;
       ``(ii) qualifications for operators and the type and nature 
     of the operations; and
       ``(iii) operating specifications governing the type and 
     nature of the unmanned aircraft system air carrier 
     operations.
       ``(2) Small uas air carrier certification process.--The 
     Administrator, at the direction of the Secretary, shall 
     establish a process for the issuance of small UAS air carrier 
     certificates established pursuant to paragraph (1) that is 
     performance-based and ensures required safety levels are met. 
     Such certification process shall consider--
       ``(A) safety risks and the mitigation of those risks 
     associated with the operation of highly automated, small 
     unmanned aircraft around other manned and unmanned aircraft, 
     and over persons and property on the ground;
       ``(B) the competencies and compliance programs of 
     manufacturers, operators, and companies that manufacture, 
     operate, or both small unmanned aircraft systems and 
     components; and
       ``(C) compliance with the requirements established pursuant 
     to paragraph (1).
       ``(3) Small uas air carrier classification.--The Secretary 
     shall develop a classification system for persons issued 
     small UAS air carrier certificates pursuant to this 
     subsection to establish economic authority for the carriage 
     of property by small unmanned aircraft systems for 
     compensation or hire. Such classification shall only 
     require--
       ``(A) registration with the Department of Transportation; 
     and
       ``(B) a valid small UAS air carrier certificate issued 
     pursuant to this subsection.''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2136 of this Act, is further 
     amended by adding after the item relating to section 44811 
     the following:

``44812. Carriage of property by small unmanned aircraft systems for 
              compensation or hire.''.

     SEC. 2142. COLLEGIATE TRAINING INITIATIVE PROGRAM FOR 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a Collegiate Training 
     Initiative program relating to unmanned aircraft systems by 
     making new agreements or continuing existing agreements with 
     institutions of higher education (as defined by the 
     Administrator) under which the institutions prepare students 
     for careers involving unmanned aircraft systems. The 
     Administrator may establish standards for the entry of such 
     institutions into the program and for their continued 
     participation in the program.
       (b) Unmanned Aircraft System Defined.--In this section, the 
     term ``unmanned aircraft system'' has the meaning given that 
     term by section 44801 of title 49, United States Code, as 
     added by section 2121 of this Act.

              PART III--TRANSITION AND SAVINGS PROVISIONS

     SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIRCRAFT SYSTEMS 
                   INTEGRATION.

       (a) In General.--There shall be in the Federal Aviation 
     Administration a Senior Advisor for Unmanned Aircraft Systems 
     Integration.
       (b) Qualifications.--The Senior Advisor for Unmanned 
     Aircraft Systems Integration shall have a demonstrated 
     ability in management and knowledge of or experience in 
     aviation.
       (c) Responsibilities.--Unless otherwise determined by the 
     Administrator of the Federal Aviation Administration--
       (1) the Senior Advisor shall report directly to the Deputy 
     Administrator of the Federal Aviation Administration; and
       (2) the responsibilities of the Senior Advisor shall 
     include the following:
       (A) Providing advice to the Administrator and Deputy 
     Administrator related to the integration of unmanned aircraft 
     systems into the national airspace system.
       (B) Reviewing and evaluating Federal Aviation 
     Administration policies, activities, and operations related 
     to unmanned aircraft systems.
       (C) Facilitating coordination and collaboration among 
     components of the Federal Aviation Administration with 
     respect to activities related to unmanned aircraft systems 
     integration.
       (D) Interacting with Congress, and Federal, State, or local 
     agencies, and stakeholder organizations whose operations and 
     interests are affected by the activities of the Federal 
     Aviation Administration on matters related to unmanned 
     aircraft systems integration.

     SEC. 2152. EFFECT ON OTHER LAWS.

       (a) Federal Preemption.--No State or political subdivision 
     of a State may enact or enforce any law, regulation, or other 
     provision having the force and effect of law relating to the 
     design, manufacture, testing, licensing, registration, 
     certification, operation, or maintenance of an unmanned 
     aircraft system, including airspace, altitude, flight paths, 
     equipment or technology requirements, purpose of operations, 
     and pilot, operator, and observer qualifications, training, 
     and certification.
       (b) Preservation of State and Local Authority.--Nothing in 
     this subtitle shall be construed to limit a State or local 
     government's authority to enforce Federal, State, or local 
     laws relating to nuisance, voyeurism, privacy, data security, 
     harassment, reckless endangerment, wrongful death, personal 
     injury, property damage, or other illegal acts arising from 
     the use of unmanned aircraft systems if such laws are not 
     specifically related to the use of an unmanned aircraft 
     system.
       (c) No Preemption of Common Law or Statutory Causes of 
     Action.--Nothing in this subtitle, nor any standard, rule, 
     requirement, standard of performance, safety determination, 
     or certification implemented pursuant to this subtitle, shall 
     be construed to preempt, displace, or supplant any State or 
     Federal common law rights or any State or Federal statute 
     creating a remedy for civil relief, including those for civil 
     damage, or a penalty for a criminal conduct. Notwithstanding 
     any other provision of this subtitle, nothing in this 
     subtitle, nor any amendments made by this subtitle, shall 
     preempt or preclude any cause of action for personal injury, 
     wrongful death, property damage, or other injury based on 
     negligence, strict liability, products liability, failure to 
     warn, or any other legal theory of liability under any State 
     law, maritime law, or Federal common law or statutory theory.

     SEC. 2153. SPECTRUM.

       (a) In General.--Small unmanned aircraft systems may 
     operate wireless control link, tracking, diagnostics, payload 
     communication, and collaborative-collision avoidance, such as 
     vehicle-to-vehicle communication, and other uses, if 
     permitted by and consistent with the Communications Act of 
     1934 (47 U.S.C. 151 et seq.), Federal Communications 
     Commission rules, and the safety-of-life determination made 
     by the Federal Aviation Administration, and with carrier 
     consent, whether they are operating within the UTM system 
     under section 2138 of this Act or outside such a system.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, the National Telecommunications and 
     Information Administration, and the Federal Communications 
     Commission, shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives a report--

[[Page 3756]]

       (1) on whether small unmanned aircraft systems operations 
     should be permitted to operate on spectrum designated for 
     aviation use, on an unlicensed, shared, or exclusive basis, 
     for operations within the UTM system or outside of such a 
     system;
       (2) that addresses any technological, statutory, 
     regulatory, and operational barriers to the use of such 
     spectrum; and
       (3) that, if it is determined that spectrum designated for 
     aviation use is not suitable for operations by small unmanned 
     aircraft systems, includes recommendations of other spectrum 
     frequencies that may be appropriate for such operations.

     SEC. 2154. APPLICATIONS FOR DESIGNATION.

       (a) Applications for Designation.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall establish a process to allow applicants 
     to petition the Administrator of the Federal Aviation 
     Administration to prohibit or otherwise limit the operation 
     of an aircraft, including an unmanned aircraft, over, under, 
     or within a specified distance from a fixed site facility.
       (b) Review Process.--
       (1) Application procedures.--
       (A) In general.--The Administrator shall establish the 
     procedures for the application for designation under 
     subsection (a).
       (B) Requirements.--The procedures shall--
       (i) allow individual fixed site facility applications; and
       (ii) allow for a group of similar facilities to apply for a 
     collective designation.
       (C) Considerations.--In establishing the procedures, the 
     Administrator shall consider how the process will apply to--
       (i) critical infrastructure, such as energy production, 
     transmission, and distribution facilities and equipment;
       (ii) oil refineries and chemical facilities;
       (iii) amusement parks; and
       (iv) other locations that may benefit from such 
     restrictions.
       (2) Determination.--
       (A) In general.--The Secretary shall provide for a 
     determination under the review process established under 
     subsection (a) not later than 90 days from the date of 
     application, unless the applicant is provided with written 
     notice describing the reason for the delay.
       (B) Affirmative designations.--An affirmative designation 
     shall outline--
       (i) the boundaries for unmanned aircraft operation near the 
     fixed site facility; and
       (ii) such other limitations that the Administrator 
     determines may be appropriate.
       (C) Considerations.--In making a determination whether to 
     grant or deny an application for a designation, the 
     Administrator may consider--
       (i) aviation safety;
       (ii) personal safety of the uninvolved public;
       (iii) national security; or
       (iv) homeland security.
       (D) Opportunity for resubmission.--If an application is 
     denied and the applicant can reasonably address the reason 
     for the denial, the Administrator may allow the applicant to 
     reapply for designation.
       (c) Public Information.--Designations under subsection (a) 
     shall be published by the Federal Aviation Administration on 
     a publicly accessible website.

     SEC. 2155. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS 
                   OF HIGHER EDUCATION.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish procedures and 
     standards, as applicable, to facilitate the safe operation of 
     unmanned aircraft systems by institutions of higher 
     education, including faculty, students, and staff.
       (b) Standards.--The procedures and standards required under 
     subsection (a) shall outline risk-based operational 
     parameters to ensure the safety of the national airspace 
     system and the uninvolved public that facilitates the use of 
     unmanned aircraft systems for educational or research 
     purposes.
       (c) Unmanned Aircraft System Approval.--The procedures 
     required under subsection (a) shall allow unmanned aircraft 
     systems operated under this section to be modified for 
     research purposes without iterative approval from the 
     Administrator.
       (d) Additional Procedures.--The Administrator shall 
     establish a procedure to provide for streamlined, risk-based 
     operational approval for unmanned aircraft systems operated 
     by institutions of higher education, including faculty, 
     students, and staff, outside of the parameters or purposes 
     set forth in subsection (b).
       (e) Deadlines.--
       (1) In general.--If, by the date that is 270 days after the 
     date of enactment of this Act, the Administrator has not set 
     forth standards and procedures required under subsections 
     (a), (b), and (c), an institution of higher education may--
       (A) without specific approval from the Federal Aviation 
     Administration, operate small unmanned aircraft at model 
     aircraft fields approved by the Academy of Model Aeronautics 
     and with the permission of the local club of the Academy of 
     Model Aeronautics; and
       (B) submit to the Federal Aviation Administration 
     applications for approval of the institution's designation of 
     1 or more outdoor flight fields.
       (2) Consequence of failure to approve.--If the 
     Administrator does not take action with respect to an 
     application submitted under paragraph (1)(B) within 30 days 
     of the submission of the application, the failure to do so 
     shall be treated as approval of the application.
       (f) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term by section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (2) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given the term in section 44801 of 
     title 49, United States Code, as added by section 2121 of 
     this Act.
       (3) Educational or research purposes.--The term 
     ``educational or research purposes'', with respect to the 
     operation of an unmanned aircraft system by an institution of 
     higher education, includes--
       (A) instruction of students at the institution;
       (B) academic or research related use of unmanned aircraft 
     systems by student organizations recognized by the 
     institution, if such use has been approved by the 
     institution;
       (C) activities undertaken by the institution as part of 
     research projects, including research projects sponsored by 
     the Federal Government; and
       (D) other academic activities at the institution, including 
     general research, engineering, and robotics.

     SEC. 2156. TRANSITION LANGUAGE.

       (a) Regulations.--Notwithstanding the repeals under 
     sections 2122(b)(2), 2125(b)(2), 2126(b)(2), 2128(b)(2), and 
     2129(b)(2) of this Act, all orders, determinations, rules, 
     regulations, permits, grants, and contracts, which have been 
     issued under any law described under subsection (b) of this 
     section on or before the effective date of this Act shall 
     continue in effect until modified or revoked by the Secretary 
     of Transportation, acting through the Administrator of the 
     Federal Aviation Administration, as applicable, by a court of 
     competent jurisdiction, or by operation of law other than 
     this Act.
       (b) Laws Described.--The laws described under this 
     subsection are as follows:
       (1) Section 332(c) of the FAA Modernization and Reform Act 
     of 2012 (49 U.S.C. 40101 note).
       (2) Section 332(d) of the FAA Modernization and Reform Act 
     of 2012 (49 U.S.C. 40101 note).
       (3) Section 333 of the FAA Modernization and Reform Act of 
     2012 (49 U.S.C. 40101 note).
       (4) Section 334 of the FAA Modernization and Reform Act of 
     2012 (49 U.S.C. 40101 note).
       (5) Section 336 of the FAA Modernization and Reform Act of 
     2012 (49 U.S.C. 40101 note).
       (c) Effect on Pending Proceedings.--This Act shall not 
     affect administrative or judicial proceedings pending on the 
     effective date of this Act.

              Subtitle B--FAA Safety Certification Reform

                       PART I--GENERAL PROVISIONS

     SEC. 2211. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the Safety Oversight and Certification Advisory 
     Committee established under section 2212.
       (3) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (5) Systems safety approach.--The term ``systems safety 
     approach'' means the application of specialized technical and 
     managerial skills to the systematic, forward-looking 
     identification and control of hazards throughout the 
     lifecycle of a project, program, or activity.

     SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY 
                   COMMITTEE.

       (a) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     Safety Oversight and Certification Advisory Committee in 
     accordance with this section.
       (b) Duties.--The Advisory Committee shall provide advice to 
     the Secretary on policy-level issues facing the aviation 
     community that are related to FAA safety oversight and 
     certification programs and activities, including the 
     following:
       (1) Aircraft and flight standards certification processes, 
     including efforts to streamline those processes.
       (2) Implementation and oversight of safety management 
     systems.
       (3) Risk-based oversight efforts.
       (4) Utilization of delegation and designation authorities, 
     including organization designation authorization.
       (5) Regulatory interpretation standardization efforts.
       (6) Training programs.
       (7) Expediting the rulemaking process and prioritizing 
     safety-related rules.
       (8) Enhancing global competitiveness of U.S. manufactured 
     and FAA type-certificate aircraft products and services 
     throughout the world.
       (c) Functions.--In carrying out its duties under subsection 
     (b) related to FAA safety

[[Page 3757]]

     oversight and certification programs and activities, the 
     Advisory Committee shall--
       (1) foster aviation stakeholder 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, aerospace, and avionics manufacturing; and
       (v) unmanned aircraft systems industry; and
       (B) the public;
       (3) recommend consensus national goals, strategic 
     objectives, and priorities for the most efficient, 
     streamlined, and cost-effective safety oversight and 
     certification processes in order to maintain the safety of 
     the aviation system while allowing the FAA to meet future 
     needs and ensure that aviation stakeholders remain 
     competitive in the global marketplace;
       (4) provide policy recommendations for the FAA's safety 
     oversight and certification efforts;
       (5) periodically review and provide recommendations 
     regarding the FAA's safety oversight and certification 
     efforts;
       (6) periodically review and evaluate registration, 
     certification, and related fees;
       (7) provide appropriate legislative, regulatory, and 
     guidance recommendations for the air transportation system 
     and the aviation safety regulatory environment;
       (8) recommend performance objectives for the FAA and 
     aviation industry;
       (9) recommend performance metrics for the FAA and the 
     aviation industry to be tracked and reviewed as streamlining 
     certification reform, flight standards reform, and regulation 
     standardization efforts progress;
       (10) provide a venue for tracking progress toward national 
     goals and sustaining joint commitments;
       (11) recommend recruiting, hiring, staffing levels, 
     training, and continuing education objectives for FAA 
     aviation safety engineers and aviation safety inspectors;
       (12) provide advice and recommendations to the FAA on how 
     to prioritize safety rulemaking projects;
       (13) improve the development of FAA regulations by 
     providing information, advice, and recommendations related to 
     aviation issues;
       (14) encourage the validation of U.S. manufactured and FAA 
     type-certificate aircraft products and services throughout 
     the world; and
       (15) any other functions as determined appropriate by the 
     chairperson of the Advisory Committee and the Administrator.
       (d) Membership.--
       (1) Voting members.--The Advisory Committee shall be 
     composed of the following voting members:
       (A) The Administrator, or the Administrator's designee.
       (B) At least 1 representative, appointed by the Secretary, 
     of each of the following:
       (i) Aircraft and engine manufacturers.
       (ii) Avionics and equipment manufacturers.
       (iii) Aviation labor organizations, including collective 
     bargaining representatives of FAA aviation safety inspectors 
     and aviation safety engineers.
       (iv) General aviation operators.
       (v) Air carriers.
       (vi) Business aviation operators.
       (vii) Unmanned aircraft systems manufacturers and 
     operators.
       (viii) Aviation safety management experts.
       (2) Nonvoting members.--
       (A) In general.--In addition to the members appointed under 
     paragraph (1), the Advisory Committee shall be composed of 
     nonvoting members appointed by the Secretary from among 
     individuals representing FAA safety oversight program 
     offices.
       (B) Duties.--A nonvoting member may--
       (i) take part in deliberations of the Advisory Committee; 
     and
       (ii) provide input with respect to any report or 
     recommendation of the Advisory Committee.
       (C) Limitation.--A nonvoting member may not represent any 
     stakeholder interest other than that of an FAA safety 
     oversight program office.
       (3) Terms.--Each voting member and nonvoting member of the 
     Advisory Committee shall be appointed for a term of 2 years.
       (4) Rule of construction.--Public Law 104-65 (2 U.S.C. 1601 
     et seq.) may not be construed to prohibit or otherwise limit 
     the appointment of any individual as a member of the Advisory 
     Committee.
       (e) Committee Characteristics.--The Advisory Committee 
     shall have the following characteristics:
       (1) Each voting member under subsection (d)(1)(B) shall be 
     an executive that has decision authority within the member's 
     organization and can represent and enter into commitments on 
     behalf of that organization in a way that serves the entire 
     group of organizations that member represents under that 
     subsection.
       (2) The ability to obtain necessary information from 
     experts in the aviation and aerospace communities.
       (3) A membership size that enables the Advisory Committee 
     to have substantive discussions and reach consensus on issues 
     in an expeditious manner.
       (4) Appropriate expertise, including expertise in 
     certification and risk-based safety oversight processes, 
     operations, policy, technology, labor relations, training, 
     and finance.
       (f) Chairperson.--
       (1) In general.--The chairperson of the Advisory Committee 
     shall be appointed by the Secretary from among the voting 
     members under subsection (d)(1)(B).
       (2) Term.--Each member appointed under paragraph (1) shall 
     serve a term of 2 years as chairperson.
       (g) Meetings.--
       (1) Frequency.--The Advisory Committee shall convene at 
     least 2 meetings a year at the call of the chairperson.
       (2) Public attendance.--Each meeting of the Advisory 
     Committee shall be open and accessible to the public.
       (h) Special Committees.--
       (1) Establishment.--The Advisory Committee may establish 1 
     or more special committees composed of private sector 
     representatives, members of the public, labor 
     representatives, and other relevant parties in complying with 
     consultation and participation requirements under subsection 
     (c)(2).
       (2) Rulemaking advice.--A special committee established by 
     the Advisory Committee may--
       (A) provide rulemaking advice and recommendations to the 
     Advisory Committee;
       (B) provide the FAA additional opportunities to obtain 
     firsthand information and insight from those persons that are 
     most affected by existing and proposed regulations; and
       (C) assist in expediting the development, revision, or 
     elimination of rules in accordance with, and without 
     circumventing, established public rulemaking processes and 
     procedures.
       (3) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a special 
     committee under this subsection.
       (i) Sunset.--The Advisory Committee shall cease to exist on 
     September 30, 2017.

                 PART II--AIRCRAFT CERTIFICATION REFORM

     SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND 
                   METRICS.

       (a) In General.--Not later than 120 days after the date the 
     Advisory Committee is established under section 2212, the 
     Administrator shall establish performance objectives and 
     apply and track performance metrics for the FAA and the 
     aviation industry relating to aircraft certification in 
     accordance with this section.
       (b) Collaboration.--The Administrator shall carry out this 
     section in collaboration with the Advisory Committee and 
     update agency performance objectives and metrics after 
     considering the proposals recommended by the Advisory 
     Committee under paragraphs (8) and (9) of section 2212(c).
       (c) Performance Objectives.--In establishing performance 
     objectives under subsection (a), the Administrator shall 
     ensure progress is made toward, at a minimum--
       (1) eliminating certification delays and improving cycle 
     times;
       (2) increasing accountability for both FAA and the aviation 
     industry;
       (3) achieving full utilization of FAA delegation and 
     designation authorities, including organizational designation 
     authorization;
       (4) fully implementing risk management principles and a 
     systems safety approach;
       (5) reducing duplication of effort;
       (6) increasing transparency;
       (7) developing and providing training, including recurrent 
     training, in auditing and a systems safety approach to 
     certification oversight;
       (8) improving the process for approving or accepting the 
     certification actions between the FAA and bilateral partners;
       (9) maintaining and improving safety;
       (10) streamlining the hiring process for--
       (A) qualified systems safety engineers at staffing levels 
     to support the FAA's efforts to implement a systems safety 
     approach; and
       (B) qualified systems safety engineers to guide the 
     engineering of complex systems within the FAA; and
       (11) maintaining the leadership of the United States in 
     international aviation and aerospace.
       (d) Performance Metrics.--In carrying out subsection (a), 
     the Administrator shall--
       (1) apply and track performance metrics for the FAA and the 
     aviation industry; and
       (2) transmit to the appropriate committees of Congress an 
     annual report on tracking the progress toward full 
     implementation of the recommendations under section 2212.
       (e) Data.--
       (1) Baselines.--Not later than 1 year after the date the 
     Advisory Committee recommends initial performance metrics 
     under section 2212(c)(9), the Administrator shall generate 
     initial data with respect to each of the performance metrics 
     applied and tracked under this section.
       (2) Benchmarks.--The Administrator shall use the 
     performance metrics applied and tracked under this section to 
     generate data on an ongoing basis and to measure progress 
     toward the consensus national goals, strategic objectives, 
     and priorities recommended under section 2212(c)(3).

[[Page 3758]]

       (f) Publication.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall make data generated using the performance 
     metrics applied and tracked under this section available in a 
     searchable, sortable, and downloadable format through the 
     Internet Web site of the FAA or other appropriate methods.
       (2) Limitations.--The Administrator shall make the data 
     under paragraph (1) available in a manner that--
       (A) protects from disclosure identifying information 
     regarding an individual or entity; and
       (B) protects from inappropriate disclosure proprietary 
     information.

     SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZATIONS.

       (a) In General.--Chapter 447 is amended by adding at the 
     end the following:

     ``Sec. 44736. Organization designation authorizations

       ``(a) Delegations of Functions.--
       ``(1) In general.--Except as provided in paragraph (3), in 
     the oversight of an ODA holder, the Administrator of the 
     Federal Aviation Administration, in accordance with Federal 
     Aviation Administration standards, shall--
       ``(A) require, based on an application submitted by the ODA 
     holder and approved by the Administrator (or the 
     Administrator's designee), a procedures manual that addresses 
     all procedures and limitations regarding the specified 
     functions to be performed by the ODA holder subject to 
     regulations prescribed by the Administrator;
       ``(B) delegate fully to the ODA holder each of the 
     functions specified in the procedures manual, unless the 
     Administrator determines, after the date of the delegation 
     and as a result of an inspection or other investigation, that 
     the public interest and safety of air commerce requires a 
     limitation with respect to 1 or more of the functions; and
       ``(C) conduct oversight activities, including by inspecting 
     the ODA holder's delegated functions and taking action based 
     on validated inspection findings.
       ``(2) Duties of oda holders.--An ODA holder shall--
       ``(A) perform each specified function delegated to the ODA 
     holder in accordance with the approved procedures manual for 
     the delegation;
       ``(B) make the procedures manual available to each member 
     of the appropriate ODA unit; and
       ``(C) cooperate fully with oversight activities conducted 
     by the Administrator in connection with the delegation.
       ``(3) Existing oda holders.--With regard to an ODA holder 
     operating under a procedures manual approved by the 
     Administrator before the date of enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016, the 
     Administrator shall--
       ``(A) at the request of the ODA holder, and in an 
     expeditious manner, consider revisions to the ODA holder's 
     procedures manual;
       ``(B) delegate fully to the ODA holder each of the 
     functions specified in the procedures manual, unless the 
     Administrator determines, after the date of the delegation 
     and as a result of an inspection or other investigation, that 
     the public interest and safety of air commerce requires a 
     limitation with respect to 1 or more of the functions; and
       ``(C) conduct oversight activities, including by inspecting 
     the ODA holder's delegated functions and taking action based 
     on validated inspection findings.
       ``(b) ODA Office.--
       ``(1) Establishment.--Not later than 120 days after the 
     date of enactment of Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall 
     identify, within the Office of Aviation Safety, a centralized 
     policy office to be responsible for the organization 
     designation authorization (referred to in this subsection as 
     the ODA Office). The Director of the ODA Office shall report 
     to the Director of the Aircraft Certification Service.
       ``(2) Purpose.--The purpose of the ODA Office shall be to 
     provide oversight and ensure consistency of the Federal 
     Aviation Administration audit functions under the ODA program 
     across the agency.
       ``(3) Functions.--The ODA Office shall--
       ``(A)(i) at the request of an ODA holder, eliminate all 
     limitations specified in a procedures manual in place on the 
     date of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016 that are low and medium risk as 
     determined by a risk analysis using criteria established by 
     the ODA Office and disclosed to the ODA holder, except where 
     an ODA holder's performance warrants the retention of a 
     specific limitation due to documented concerns about 
     inadequate current performance in carrying out that 
     authorized function;
       ``(ii) require an ODA holder to establish a corrective 
     action plan to regain authority for any retained limitations;
       ``(iii) require an ODA holder to notify the ODA Office when 
     all corrective actions have been accomplished;
       ``(iv) make a reassessment to determine if subsequent 
     performance in carrying out any retained limitation warrants 
     continued retention and, if such reassessment determines 
     performance meets objectives, lift such limitation 
     immediately;
       ``(B) improve the Administration and the ODA holder 
     performance and ensure full use of the authorities delegated 
     under the ODA program;
       ``(C) develop a more consistent approach to audit 
     priorities, procedures, and training under the ODA program;
       ``(D) expeditiously review a random sample of limitations 
     on delegated authorities under the ODA program to determine 
     if the limitations are appropriate;
       ``(E) review and approve new limitations to ODA functions; 
     and
       ``(F) ensure national consistency in the interpretation and 
     application of the requirements of the ODA program, including 
     any limitations, and in the performance of the ODA program.
       ``(c) Definitions.--In this section:
       ``(1) ODA or organization designation authorization.--The 
     term `ODA' or `organization designation authorization' means 
     an authorization under section 44702(d) to perform approved 
     functions on behalf of the Administrator of the Federal 
     Aviation Administration under subpart D of part 183 of title 
     14, Code of Federal Regulations.
       ``(2) ODA holder.--The term `ODA holder' means an entity 
     authorized under section 44702(d)--
       ``(A) to which the Administrator of the Federal Aviation 
     Administration issues an ODA letter of designation under 
     subpart D of part 183 of title 14, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling); and
       ``(B) that is responsible for administering 1 or more ODA 
     units.
       ``(3) ODA program.--The term `ODA program' means the 
     program to standardize Federal Aviation Administration 
     management and oversight of the organizations that are 
     approved to perform certain functions on behalf of the 
     Administration under section 44702(d).
       ``(4) ODA unit.--The term `ODA unit' means a group of 2 or 
     more individuals under the supervision of an ODA holder who 
     perform the specified functions under an ODA.
       ``(5) Organization.--The term `organization' means a firm, 
     a partnership, a corporation, a company, an association, a 
     joint-stock association, or a governmental entity.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents of chapter 447 is amended by adding after the item 
     relating to section 44735 the following:

``44736. Organization designation authorizations.''.

     SEC. 2223. ODA REVIEW.

       (a) Expert Review Panel.--
       (1) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator of the FAA shall 
     convene a multidisciplinary expert review panel (referred to 
     in this section as the ``Panel'').
       (2) Composition.--
       (A) In general.--The Panel shall be composed of not more 
     than 20 members appointed by the Administrator.
       (B) Qualifications.--The members appointed to the Panel 
     shall--
       (i) each have a minimum of 5 years of experience in 
     processes and procedures under the ODA program; and
       (ii) include representatives of ODA holders, aviation 
     manufacturers, safety experts, and FAA labor organizations, 
     including labor representatives of FAA aviation safety 
     inspectors and aviation safety engineers.
       (b) Survey.--The Panel shall survey ODA holders and ODA 
     program applicants to document FAA safety oversight and 
     certification programs and activities, including the FAA's 
     use of the ODA program and the speed and efficiency of the 
     certification process. In carrying out this subsection, the 
     Administrator shall consult with the appropriate survey 
     experts and the Panel to best design and conduct the survey.
       (c) Assessment.--The Panel shall--
       (1) conduct an assessment of--
       (A) the FAA's processes and procedures under the ODA 
     program and whether the processes and procedures function as 
     intended;
       (B) the best practices of and lessons learned by ODA 
     holders and the FAA personnel who provide oversight of ODA 
     holders;
       (C) the performance incentive policies, related to the ODA 
     program for FAA personnel, that do not conflict with the 
     public interest;
       (D) the training activities related to the ODA program for 
     FAA personnel and ODA holders; and
       (E) the impact, if any, that oversight of the ODA program 
     has on FAA resources and the FAA's ability to process 
     applications for certifications outside of the ODA program; 
     and
       (2) make recommendations for improving FAA safety oversight 
     and certification programs and activities based on the 
     results of the survey under subsection (b) and each element 
     of the assessment under paragraph (1) of this subsection.
       (d) Report.--Not later than 180 days after the date the 
     Panel is convened under subsection (a), the Panel shall 
     submit to the Administrator, the Advisory Committee 
     established under section 2212, and the appropriate 
     committees of Congress a report on results of the survey 
     under subsection (b)

[[Page 3759]]

     and the assessment and recommendations under subsection (c).
       (e) Definitions.--The terms used in this section have the 
     meanings given the terms in section 44736 of title 49, United 
     States Code.
       (f) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Panel.
       (g) Sunset.--The Panel shall terminate on the date the 
     report is submitted under subsection (d).

     SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS.

       (a) In General.--Section 44704(a) is amended by adding at 
     the end the following:
       ``(6) Type certification resolution process.--
       ``(A) In general.--Not later than 15 months after the date 
     of enactment of Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall 
     establish an effective, expeditious, and milestone-based 
     issue resolution process for type certification activities 
     under this subsection.
       ``(B) Process requirements.--The resolution process shall 
     provide for--
       ``(i) the resolution of technical issues at preestablished 
     stages of the certification process, as agreed to by the 
     Administrator and the type certificate applicant;
       ``(ii) the automatic escalation to appropriate management 
     personnel of the Federal Aviation Administration and the type 
     certificate applicant of any major certification process 
     milestone that is not completed or resolved within a specific 
     period of time agreed to by the Administrator and the type 
     certificate applicant; and
       ``(iii) the resolution of a major certification process 
     milestone escalated under clause (ii) within a specific 
     period of time agreed to by the Administrator and the type 
     certificate applicant.
       ``(C) Definition of major certification process 
     milestone.--In this paragraph, the term `major certification 
     process milestone' means a milestone related to a type 
     certification basis, type certification plan, type inspection 
     authorization, issue paper, or other major type certification 
     activity agreed to by the Administrator and the type 
     certificate applicant.''.
       (b) Technical and Conforming Amendments.--Section 44704 is 
     amended in the heading by striking ``airworthiness 
     certificates,,'' and inserting ``airworthiness 
     certificates,''.

     SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL GENERAL 
                   AVIATION AIRPLANES.

       (a) Policy.--In a manner consistent with the Small Airplane 
     Revitalization Act of 2013 (49 U.S.C. 44704 note), not later 
     than 180 days after the date of enactment of this Act, the 
     Administrator shall establish and begin implementing a risk-
     based policy that streamlines the installation of safety 
     enhancing technologies for small general aviation airplanes 
     in a manner that reduces regulatory delays and significantly 
     improves safety.
       (b) Inclusions.--The safety enhancing technologies for 
     small general aviation airplanes described in subsection (a) 
     shall include, at a minimum, the replacement or retrofit of 
     primary flight displays, auto pilots, engine monitors, and 
     navigation equipment.
       (c) Collaboration.--In carrying out this section, the 
     Administrator shall collaborate with general aviation 
     operators, general aviation manufacturers, and appropriate 
     FAA labor organizations, including representatives of FAA 
     aviation safety inspectors and aviation safety engineers, 
     certified under section 7111 of title 5, United States Code.
       (d) Definition of Small General Aviation Airplane.--In this 
     section, the term ``small general aviation airplane'' means 
     an airplane that--
       (1) is certified to the standards of part 23 of title 14, 
     Code of Federal Regulations;
       (2) has a seating capacity of not more than 9 passengers; 
     and
       (3) is not used in scheduled passenger-carrying operations 
     under part 121 of title 14, Code of Federal Regulations.

     SEC. 2226. STREAMLINING CERTIFICATION OF SMALL GENERAL 
                   AVIATION AIRPLANES.

       (a) Final Rulemaking.--Not later than December 31, 2016, 
     the Administrator shall issue a final rulemaking to comply 
     with section 3 of the Small Airplane Revitalization Act of 
     2013 (49 U.S.C. 44704 note).
       (b) Government Review.--The Federal Government's review 
     process shall be streamlined to meet the deadline in 
     subsection (a).

                   PART III--FLIGHT STANDARDS REFORM

     SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND 
                   METRICS.

       (a) In General.--Not later than 120 days after the date the 
     Advisory Committee is established under section 2212, the 
     Administrator shall establish performance objectives and 
     apply and track performance metrics for the FAA and the 
     aviation industry relating to flight standards activities in 
     accordance with this section.
       (b) Collaboration.--The Administrator shall carry out this 
     section in collaboration with the Advisory Committee and 
     update agency performance objectives and metrics after 
     considering the recommendations of the Advisory Committee 
     under paragraphs (8) and (9) of section 2212(c).
       (c) Performance Objectives.--In carrying out subsection 
     (a), the Administrator shall ensure that progress is made 
     toward, at a minimum--
       (1) eliminating delays with respect to such activities;
       (2) increasing accountability for both FAA and the aviation 
     industry;
       (3) fully implementing risk management principles and a 
     systems safety approach;
       (4) reducing duplication of effort;
       (5) promoting appropriate compliance activities and 
     eliminating inconsistent regulatory interpretations and 
     inconsistent enforcement activities;
       (6) improving and providing greater opportunities for 
     training, including recurrent training, in auditing and a 
     systems safety approach to oversight;
       (7) developing and allowing the use of a single master 
     source for guidance;
       (8) providing and using a streamlined appeal process for 
     the resolution of regulatory interpretation questions;
       (9) maintaining and improving safety; and
       (10) increasing transparency.
       (d) Performance Metrics.--In carrying out subsection (a), 
     the Administrator shall--
       (1) apply and track performance metrics for the FAA and the 
     aviation industry; and
       (2) transmit to the appropriate committees of Congress an 
     annual report tracking the progress toward full 
     implementation of the performance metrics under section 2212.
       (e) Data.--
       (1) Baselines.--Not later than 1 year after the date the 
     Advisory Committee recommends initial performance metrics 
     under section 2212(c)(9), the Administrator shall generate 
     initial data with respect to each of the performance metrics 
     applied and tracked that are approved based on the 
     recommendations required under this section.
       (2) Benchmarks.--The Administrator shall use the 
     performance metrics applied and tracked under this section to 
     generate data on an ongoing basis and to measure progress 
     toward the consensus national goals, strategic objectives, 
     and priorities recommended under section 2212(c)(3).
       (f) Publication.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall make data generated using the performance 
     metrics applied and tracked under this section available in a 
     searchable, sortable, and downloadable format through the 
     Internet Web site of the FAA or other appropriate methods.
       (2) Limitations.--The Administrator shall make the data 
     under paragraph (1) available in a manner that--
       (A) protects from disclosure identifying information 
     regarding an individual or entity; and
       (B) protects from inappropriate disclosure proprietary 
     information.

     SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator shall establish 
     the FAA Task Force on Flight Standards Reform (referred to in 
     this section as the ``Task Force'').
       (b) Membership.--
       (1) Appointment.--The membership of the Task Force shall be 
     appointed by the Administrator.
       (2) Number.--The Task Force shall be composed of not more 
     than 20 members.
       (3) Representation requirements.--The membership of the 
     Task Force shall include representatives, with knowledge of 
     flight standards regulatory processes and requirements, of--
       (A) air carriers;
       (B) general aviation;
       (C) business aviation;
       (D) repair stations;
       (E) unmanned aircraft systems operators;
       (F) flight schools;
       (G) labor unions, including those representing FAA aviation 
     safety inspectors and those representing FAA aviation safety 
     engineers; and
       (H) aviation safety experts.
       (c) Duties.--The duties of the Task Force shall include, at 
     a minimum, identifying cost-effective best practices and 
     providing recommendations with respect to--
       (1) simplifying and streamlining flight standards 
     regulatory processes;
       (2) reorganizing the Flight Standards Service to establish 
     an entity organized by function rather than geographic 
     region, if appropriate;
       (3) FAA aviation safety inspector training opportunities;
       (4) FAA aviation safety inspector standards and 
     performance; and
       (5) achieving, across the FAA, consistent--
       (A) regulatory interpretations; and
       (B) application of oversight activities.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Task Force shall submit to the 
     Administrator, Advisory Committee established under section 
     2212, and appropriate committees of Congress a report 
     detailing--
       (1) the best practices identified and recommendations 
     provided by the Task Force under subsection (c); and

[[Page 3760]]

       (2) any recommendations of the Task Force for additional 
     regulatory action or cost-effective legislative action.
       (e) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Task 
     Force.
       (f) Sunset.--The Task Force shall cease to exist on the 
     date that the Task Force submits the report required under 
     subsection (d).

     SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the FAA shall 
     establish a centralized safety guidance database for all of 
     the regulatory guidance issued by the FAA Office of Aviation 
     Safety regarding compliance with 1 or more aviation safety-
     related provisions of the Code of Federal Regulations.
       (b) Requirements.--The database under subsection (a) 
     shall--
       (1) for each guidance, include a link to the specific 
     provision of the Code of Federal Regulations;
       (2) subject to paragraph (3), be accessible to the public; 
     and
       (3) be provided in a manner that--
       (A) protects from disclosure identifying information 
     regarding an individual or entity; and
       (B) protects from inappropriate disclosure proprietary 
     information.
       (c) Data Entry Timing.--
       (1) Existing documents.--Not later than 14 months after the 
     date the database is established, the Administrator shall 
     have completed entering into the database any applicable 
     regulatory guidance that are in effect and were issued before 
     that date.
       (2) New regulatory guidance and updates.--Beginning on the 
     date the database is established, the Administrator shall 
     ensure that any applicable regulatory guidance that are 
     issued on or after that date are entered into the database as 
     they are issued.
       (d) Consultation Requirement.--In establishing the database 
     under subsection (a), the Administrator shall consult and 
     collaborate with appropriate stakeholders, including labor 
     organizations (including those representing aviation workers, 
     FAA aviation safety engineers, and FAA aviation safety 
     inspectors) and aviation industry stakeholders.
       (e) Definition of Regulatory Guidance.--In this section, 
     the term ``regulatory guidance'' means all forms of written 
     information issued by the FAA that an individual or entity 
     may use to interpret or apply FAA regulations and 
     requirements, including information an individual or entity 
     may use to determine acceptable means of compliance with such 
     regulations and requirements, such as an order, manual, 
     circular, policy statement, legal interpretation memorandum, 
     and rulemaking documents.

     SEC. 2234. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator of the FAA shall 
     establish a Regulatory Consistency Communications Board 
     (referred to in this section as the ``Board'').
       (b) Consultation Requirement.--In establishing the Board, 
     the Administrator shall consult and collaborate with 
     appropriate stakeholders, including FAA labor organizations 
     (including labor organizations representing FAA aviation 
     safety inspectors and labor organizations representing FAA 
     aviation safety engineers) and aviation industry 
     stakeholders.
       (c) Membership.--The Board shall be composed of FAA 
     representatives, appointed by the Administrator, from--
       (1) the Flight Standards Service;
       (2) the Aircraft Certification Service; and
       (3) the Office of the Chief Counsel.
       (d) Functions.--The Board shall carry out the following 
     functions:
       (1) Recommend, at a minimum, processes by which--
       (A) FAA personnel and persons regulated by the FAA may 
     submit regulatory interpretation questions without fear of 
     retaliation;
       (B) FAA personnel may submit written questions as to 
     whether a previous approval or regulatory interpretation 
     issued by FAA personnel in another office or region is 
     correct or incorrect; and
       (C) any other person may submit anonymous regulatory 
     interpretation questions.
       (2) Meet on a regular basis to discuss and resolve 
     questions submitted under paragraph (1) and the appropriate 
     application of regulations and policy with respect to each 
     question.
       (3) Provide to a person that submitted a question under 
     subparagraph (A) or subparagraph (B) of paragraph (1) an 
     expeditious written response to the question.
       (4) Recommend a process to make the resolution of common 
     regulatory interpretation questions publicly available to FAA 
     personnel and the public in a manner that--
       (A) does not reveal any identifying data of the person that 
     submitted a question; and
       (B) protects any proprietary information.
       (5) Ensure that responses to questions under this 
     subsection are incorporated into regulatory guidance (as 
     defined in section 2233(e)).
       (e) Performance Metrics, Timelines, and Goals.--Not later 
     than 180 days after the date that the Advisory Committee 
     recommends performance objectives and performance metrics for 
     the FAA and the aviation industry under paragraphs (8) and 
     (9) of section 2212(c), the Administrator, in collaboration 
     with the Advisory Committee, shall--
       (1) establish performance metrics, timelines, and goals to 
     measure the progress of the Board in resolving regulatory 
     interpretation questions submitted under subsection (d)(1); 
     and
       (2) implement a process for tracking the progress of the 
     Board in meeting the performance metrics, timelines, and 
     goals under paragraph (1).

     SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT FEASIBILITY 
                   REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator, in consultation 
     with relevant industry stakeholders, shall--
       (1) determine the feasibility of realigning flight 
     standards service regional field offices to specialized areas 
     of aviation safety oversight and technical expertise; and
       (2) submit to the appropriate committees of Congress a 
     report on the findings under paragraph (1).
       (b) Considerations.--In making a determination under 
     subsection (a), the Administrator shall consider a flight 
     standards service regional field office providing support in 
     the area of its technical expertise to flight standards 
     district offices and certificate management offices.

     SEC. 2236. ADDITIONAL CERTIFICATION RESOURCES.

       (a) In General.--Notwithstanding any other provision of 
     law, and subject to the requirements of subsection (b), the 
     Administrator may enter into a reimbursable agreement with an 
     applicant or certificate holder for the reasonable travel and 
     per diem expenses of the FAA associated with official travel 
     to expedite the acceptance or validation by a foreign 
     authority of an FAA certificate or design approval.
       (b) Conditions.--The Administrator may enter into an 
     agreement under subsection (a) only if--
       (1) the travel covered under the agreement is determined to 
     be necessary, by both the Administrator and the applicant or 
     certificate holder, to expedite the acceptance or validation 
     of the relevant certificate or approval;
       (2) the travel is conducted at the request of the applicant 
     or certificate holder;
       (3) the travel plans and expenses are approved by the 
     applicant or certificate holder prior to travel; and
       (4) the agreement requires payment in advance of FAA 
     services and is consistent with the processes under section 
     106(l)(6) of title 49, United States Code.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on--
       (1) the number of occasions on which the Administrator 
     entered into reimbursable agreements under this section;
       (2) the number of occasions on which the Administrator 
     declined a request by an applicant or certificate holder to 
     enter into a reimbursable agreement under this section;
       (3) the amount of reimbursements collected in accordance 
     with agreements under this section; and
       (4) the extent to which reimbursable agreements under this 
     section assisted in reducing the amount of time necessary for 
     foreign authorities' validations of FAA certificates and 
     design approvals.
       (d) Definitions.--In this section:
       (1) Applicant.--The term ``applicant'' means a person that 
     has applied to a foreign authority for the acceptance or 
     validation of an FAA certificate or design approval.
       (2) Certificate holder.--The term ``certificate holder'' 
     means a person that holds a certificate issued by the 
     Administrator under part 21 of title 14, Code of Federal 
     Regulations.

                       PART IV--SAFETY WORKFORCE

     SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY.

       (a) Safety Workforce Training Strategy.--Not later than 60 
     days after the date of enactment of this Act, the 
     Administrator of the FAA shall review and revise its safety 
     workforce training strategy to ensure that it--
       (1) aligns with an effective risk-based approach to safety 
     oversight;
       (2) best utilizes available resources;
       (3) allows FAA employees participating in organization 
     management teams or conducting ODA program audits to 
     complete, expeditiously, appropriate training, including 
     recurrent training, in auditing and a systems safety approach 
     to oversight;
       (4) seeks knowledge-sharing opportunities between the FAA 
     and the aviation industry in new technologies, best 
     practices, and other areas of interest related to safety 
     oversight;
       (5) fosters an inspector and engineer workforce that has 
     the skills and training necessary to improve risk-based 
     approaches that focus on requirements management and auditing 
     skills; and

[[Page 3761]]

       (6) includes, as appropriate, milestones and metrics for 
     meeting the requirements of paragraphs (1) through (5).
       (b) Report.--Not later that 270 days after the date the 
     strategy is established under subsection (a), the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the implementation of the strategy and 
     progress in meeting any milestones or metrics included in the 
     strategy.
       (c) Definitions.--In this section:
       (1) ODA holder.--The term ``ODA holder'' has the meaning 
     given the term in section 44736 of title 49, United States 
     Code.
       (2) ODA program.--The term ``ODA program'' has the meaning 
     given the term in section 44736(c)(3) of title 49, United 
     States Code, as added by this Act.
       (3) Organization management team.--The term ``organization 
     management team'' means a group of FAA employees consisting 
     of FAA aviation safety engineers, flight test pilots, and 
     aviation safety inspectors overseeing an ODA holder and its 
     specified function delegated under section 44702 of title 49, 
     United States Code.

     SEC. 2242. WORKFORCE STUDY.

       (a) Workforce Study.--Not later than 90 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study to assess the workforce 
     and training needs of the Office of Aviation Safety of the 
     Federal Aviation Administration and take into consideration 
     how those needs could be met.
       (b) Contents.--The study under subsection (a) shall 
     include--
       (1) a review of the current staffing levels and 
     requirements for hiring and training, including recurrent 
     training, of aviation safety inspectors and aviation safety 
     engineers;
       (2) an analysis of the skills and qualifications required 
     of aviation safety inspectors and aviation safety engineers 
     for successful performance in the current and future 
     projected aviation safety regulatory environment, including 
     an analysis of the need for a systems engineering discipline 
     within the Federal Aviation Administration to guide the 
     engineering of complex systems, with an emphasis on auditing 
     an ODA holder (as defined in section 44736(c) of title 49, 
     United States Code);
       (3) a review of current performance incentive policies of 
     the Federal Aviation Administration, as applied to the Office 
     of Aviation Safety, including awards for performance;
       (4) an analysis of ways the Federal Aviation Administration 
     can work with the aviation industry and FAA labor force to 
     establish knowledge-sharing opportunities between the Federal 
     Aviation Administration and the aviation industry in new 
     technologies, best practices, and other areas that could 
     improve the aviation safety regulatory system; and
       (5) recommendations on the best and most cost-effective 
     approaches to address the needs of the current and future 
     projected aviation safety regulatory system, including 
     qualifications, training programs, and performance incentives 
     for relevant agency personnel.
       (c) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     results of the study required under subsection (a).

                     PART V--INTERNATIONAL AVIATION

     SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE STANDARDS, 
                   PRODUCTS, AND SERVICES ABROAD.

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

     SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 
                   RESPONSIBILITIES.

       Section 44701(e) is amended by adding at the end the 
     following:
       ``(5) Foreign airworthiness directives.--
       ``(A) Acceptance.--The Administrator shall accept an 
     airworthiness directive (as defined in section 39.3 of title 
     14, Code of Federal Regulations) issued by an aeronautical 
     safety authority of a foreign country, and leverage that 
     aeronautical safety authority's regulatory process, if--
       ``(i) the country is the state of design for the product 
     that is the subject of the airworthiness directive;
       ``(ii) the United States has a bilateral safety agreement 
     relating to aircraft certification with the country;
       ``(iii) as part of the bilateral safety agreement with the 
     country, the Administrator has determined that the 
     aeronautical safety authority has an aircraft certification 
     system relating to safety that produces a level of safety 
     equivalent to the level produced by the system of the Federal 
     Aviation Administration; and
       ``(iv) the aeronautical safety authority utilizes an open 
     and transparent public notice and comment process in the 
     issuance of airworthiness directives.
       ``(B) Alternative approval process.--Notwithstanding 
     subparagraph (A), the Administrator may issue a Federal 
     Aviation Administration airworthiness directive instead of 
     accepting the airworthiness directive issued by the 
     aeronautical safety authority of a foreign country if the 
     Administrator determines that such issuance is necessary for 
     safety or operational reasons due to the complexity or unique 
     features of the Federal Aviation Administration airworthiness 
     directive or the United States aviation system.
       ``(C) Alternative means of compliance.--The Administrator 
     may--
       ``(i) accept an alternative means of compliance, with 
     respect to an airworthiness directive under subparagraph (A), 
     that was approved by the aeronautical safety authority of the 
     foreign country that issued the airworthiness directive; or
       ``(ii) notwithstanding subparagraph (A), and at the request 
     of any person affected by an airworthiness directive under 
     that subparagraph, the Administrator may approve an 
     alternative means of compliance with respect to the 
     airworthiness directive.''.

     SEC. 2253. FAA LEADERSHIP ABROAD.

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

     SEC. 2254. REGISTRATION, CERTIFICATION, AND RELATED FEES.

       Section 45305 is amended--
       (1) in subsection (a) by striking ``Subject to subsection 
     (b)'' and inserting ``Subject to subsection (c)'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Certification Services.--Subject to subsection (c), 
     and notwithstanding section

[[Page 3762]]

     45301(a), the Administrator may establish and collect a fee 
     from a foreign government or entity for services related to 
     certification, regardless of where the services are provided, 
     if the fee--
       ``(1) is established and collected in a manner consistent 
     with aviation safety agreements; and
       ``(2) does not exceed the estimated costs of the 
     services.''.

          Subtitle C--Airline Passenger Safety and Protections

     SEC. 2301. PILOT RECORDS DATABASE DEADLINE.

       Section 44703(i)(2) is amended by striking ``The 
     Administrator shall establish'' and inserting ``Not later 
     than April 30, 2017, the Administrator shall establish and 
     make available for use''.

     SEC. 2302. ACCESS TO AIR CARRIER FLIGHT DECKS.

       The Administrator of the Federal Aviation Administration 
     shall collaborate with other aviation authorities to advance 
     a global standard for access to air carrier flight decks and 
     redundancy requirements consistent with the flight deck 
     access and redundancy requirements in the United States.

     SEC. 2303. AIRCRAFT TRACKING AND FLIGHT DATA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall assess current performance 
     standards, and as appropriate, conduct a rulemaking to revise 
     the standards to improve near-term and long-term aircraft 
     tracking and flight data recovery, including retrieval, 
     access, and protection of such data after an incident or 
     accident.
       (b) Considerations.--In revising the performance standards 
     under subsection (a), the Administrator may consider--
       (1) various methods for improving detection and retrieval 
     of flight data, including--
       (A) low frequency underwater locating devices; and
       (B) extended battery life for underwater locating devices;
       (2) automatic deployable flight recorders;
       (3) triggered transmission of flight data, and other 
     satellite-based solutions;
       (4) distress-mode tracking; and
       (5) protections against disabling flight recorder systems.
       (c) Coordination.--If the performance standards under 
     subsection (a) are revised, the Administrator shall 
     coordinate with international regulatory authorities and the 
     International Civil Aviation Organization to ensure that any 
     new international standard for aircraft tracking and flight 
     data recovery is consistent with a performance-based approach 
     and is implemented in a globally harmonized manner.

     SEC. 2304. AUTOMATION RELIANCE IMPROVEMENTS.

       (a) Modernization of Training.--Not later than October 1, 
     2017, the Administrator of the Federal Aviation 
     Administration shall review, and update as necessary, recent 
     guidance regarding pilot flight deck monitoring that an air 
     carrier can use to train and evaluate its pilots to ensure 
     that air carrier pilots are trained to use and monitor 
     automation systems while also maintaining proficiency in 
     manual flight operations consistent with the final rule 
     entitled, ``Qualification, Service, and Use of Crewmembers 
     and Aircraft Dispatchers'', published on November 12, 2013 
     (78 Fed. Reg. 67799).
       (b) Considerations.--In reviewing and updating the 
     guidance, the Administrator shall--
       (1) consider casualty driven scenarios during initial and 
     recurrent simulator instruction that focus on automation 
     complacency during system failure, including flight segments 
     when automation is typically engaged and should result in 
     hand flying the aircraft into a safe position while employing 
     crew resource management principles;
       (2) consider the development of metrics or measurable tasks 
     an air carrier may use to evaluate the ability of pilots to 
     appropriately monitor flight deck systems;
       (3) consider the development of metrics an air carrier may 
     use to evaluate manual flying skills and improve related 
     training;
       (4) convene an expert panel, including members with 
     expertise in human factors, training, and flight operations--
       (A) to evaluate and develop methods for training flight 
     crews to understand the functionality of automated systems 
     for flight path management;
       (B) to identify and recommend to the Administrator the most 
     effective training methods that ensure that pilots can apply 
     manual flying skills in the event of flight deck automation 
     failure or an unexpected event; and
       (C) to identify and recommend to the Administrator revision 
     in the training guidance for flight crews to address the 
     needs identified in subparagraphs (A) and (B); and
       (5) develop any additional standards to be used for 
     guidance the Administrator considers necessary to determine 
     whether air carrier pilots receive sufficient training 
     opportunities to develop, maintain, and demonstrate manual 
     flying skills.
       (c) DOT IG Review.--Not later than 2 years after the date 
     the Administrator reviews the guidance under subsection (a), 
     the Inspector General of the Department of Transportation 
     shall review the air carriers implementation of the guidance 
     and the ongoing work of the expert panel.

     SEC. 2305. ENHANCED MENTAL HEALTH SCREENING FOR PILOTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall consider the recommendations of the Pilot Fitness 
     Aviation Rulemaking Committee in determining whether to 
     implement, as part of a comprehensive medical certification 
     process for pilots with a first- or second-class airman 
     medical certificate, additional screening for mental health 
     conditions, including depression and suicidal thoughts or 
     tendencies, and assess treatments that would address any risk 
     associated with such conditions.

     SEC. 2306. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST 
                   REQUIREMENTS.

       (a) Modification of Final Rule.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration shall revise the flight 
     attendant duty period limitations and rest requirements under 
     section 121.467 of title 14, Code of Federal Regulations.
       (b) Contents.--Except as provided in subsection (c), in 
     revising the rule under subsection (a), the Administrator 
     shall ensure that a flight attendant scheduled to a duty 
     period of 14 hours or less is given a scheduled rest period 
     of at least 10 consecutive hours.
       (c) Exception.--The rest period required under subsection 
     (b) may be scheduled or reduced to 9 consecutive hours if the 
     flight attendant is provided a subsequent rest period of at 
     least 11 consecutive hours.
       (d) Fatigue Risk Management Plan.--
       (1) Submission of plan by part 121 air carriers.--Not later 
     than 90 days after the date of enactment of this Act, each 
     air carrier operating under part 121 of title 13, Code of 
     Federal Regulations (referred to in this subsection as a 
     ``part 121 air carrier''), shall submit a fatigue risk 
     management plan for the carrier's flight attendants to the 
     Administrator for review and acceptance.
       (2) Contents of plan.--Each fatigue risk management plan 
     submitted under paragraph (1) shall include--
       (A) current flight time and duty period limitations;
       (B) a rest scheme that is consistent with such limitations 
     and enables the management of flight attendant fatigue, 
     including annual training to increase awareness of--
       (i) fatigue;
       (ii) the effects of fatigue on flight attendants; and
       (iii) fatigue countermeasures; and
       (C) the development and use of methodology that continually 
     assesses the effectiveness of implementation of the plan, 
     including the ability of the plan--
       (i) to improve alertness; and
       (ii) to mitigate performance errors.
       (3) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall--
       (A) review each fatigue risk management plan submitted 
     under this subsection; and
       (B)(i) accept the plan; or
       (ii) reject the plan and provide the part 121 air carrier 
     with suggested modifications to be included when the plan is 
     resubmitted.
       (4) Plan updates.--
       (A) In general.--Not less frequently than once every 2 
     years, each part 121 air carrier shall--
       (i) update the fatigue risk management plan submitted under 
     paragraph (1); and
       (ii) submit the updated plan to the Administrator for 
     review and acceptance.
       (B) Review.--Not later than 1 year after the date on which 
     an updated plan is submitted under subparagraph (A)(ii), the 
     Administrator shall--
       (i) review the updated plan; and
       (ii)(I) accept the updated plan; or
       (II) reject the updated plan and provide the part 121 air 
     carrier with suggested modifications to be included when the 
     updated plan is resubmitted.
       (5) Compliance.--Each part 121 air carrier shall comply 
     with its fatigue risk management plan after the plan is 
     accepted by the Administrator under this subsection.
       (6) Civil penalties.--A violation of this subsection by a 
     part 121 air carrier shall be treated as a violation of 
     chapter 447 of title 49, United States Code, for the purpose 
     of applying civil penalties under chapter 463 of such title.

     SEC. 2307. TRAINING TO COMBAT HUMAN TRAFFICKING FOR CERTAIN 
                   AIR CARRIER EMPLOYEES.

       (a) In General.--Subchapter I of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41725. Training to combat human trafficking

       ``(a) In General.--Each air carrier providing passenger air 
     transportation shall provide flight attendants who are 
     employees or contractors of the air carrier with training to 
     combat human trafficking in the course of carrying out their 
     duties as employees or contractors of the air carrier.
       ``(b) Elements of Training.--The training an air carrier is 
     required to provide under subsection (a) to flight attendants 
     shall include training with respect to--
       ``(1) common indicators of human trafficking; and

[[Page 3763]]

       ``(2) best practices for reporting suspected human 
     trafficking to law enforcement officers.
       ``(c) Materials.--An air carrier may provide the training 
     required by subsection (a) using modules and materials 
     developed by the Department of Transportation and the 
     Department of Homeland Security, including the training 
     module and associated materials of the Blue Lightning 
     Initiative and modules and materials subsequently developed 
     and recommended by such Departments with respect to combating 
     human trafficking.
       ``(d) Interagency Coordination.--The Administrator of the 
     Federal Aviation Administration shall coordinate with the 
     Secretary of Homeland Security to ensure that appropriate 
     training modules and materials are available for air carriers 
     to conduct the training required by subsection (a).
       ``(e) Human Trafficking Defined.--In this section, the term 
     `human trafficking' means 1 or more severe forms of 
     trafficking in persons (as defined in section 103 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)).''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 417 is amended by inserting after the item relating 
     to section 41724 the following:

``41725. Training to combat human trafficking.''.

       (c) Report Required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to the appropriate 
     committees of Congress a report that includes--
       (1) an assessment of the status of compliance of air 
     carriers with section 41725 of title 49, United States Code, 
     as added by subsection (a); and
       (2) in collaboration with the Attorney General and the 
     Secretary of Homeland Security, recommendations for improving 
     the identification and reporting of human trafficking by air 
     carrier personnel while protecting the civil liberties of 
     passengers.
       (d) Immunity for Reporting Human Trafficking.--Section 
     44941(a) is amended by striking ``or terrorism, as defined by 
     section 3077 of title 18, United States Code,'' and inserting 
     ``human trafficking (as defined by section 41725), or 
     terrorism (as defined by section 3077 of title 18)''.

     SEC. 2308. REPORT ON OBSOLETE TEST EQUIPMENT.

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

     SEC. 2309. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARNINGS OF 
                   POTENTIAL RUNWAY INCURSIONS.

       (a) In General.--Not later than June 30, 2016, the 
     Administrator of the Federal Aviation Administration shall--
       (1) assess available technologies to determine whether it 
     is feasible, cost-effective, and appropriate to install and 
     deploy, at any airport, systems to provide a direct warning 
     capability to flight crews and air traffic controllers of 
     potential runway incursions; and
       (2) submit to the appropriate committees of Congress a 
     report on the assessment under paragraph (1), including any 
     recommendations.
       (b) Considerations.--In conducting the assessment under 
     subsection (a), the Administration shall consider National 
     Transportation Safety Board findings and relevant aviation 
     stakeholder views relating to runway incursions.

     SEC. 2310. LASER POINTER INCIDENTS.

       (a) In General.--Beginning 90 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, in coordination with the Director of 
     the Federal Bureau of Investigation, shall provide quarterly 
     updates to the appropriate committees of Congress regarding--
       (1) the number of incidents involving the beam from a laser 
     pointer (as defined in section 39A of title 18, United States 
     Code) being aimed at, or in the flight path of, an aircraft 
     in the airspace jurisdiction of the United States;
       (2) the number of civil or criminal enforcement actions 
     taken by the Federal Aviation Administration, Department of 
     Transportation, or Department of Justice with regard to the 
     incidents described in paragraph (1), including the amount of 
     the civil or criminal penalties imposed on violators;
       (3) the resolution of any incidents that did not result in 
     a civil or criminal enforcement action; and
       (4) any actions the Department of Transportation or 
     Department of Justice has taken on its own, or in conjunction 
     with other Federal agencies or local law enforcement 
     agencies, to deter the type of activity described in 
     paragraph (1).
       (b) Civil Penalties.--The Administrator shall revise the 
     maximum civil penalty that may be imposed on an individual 
     who aims the beam of a laser pointer at an aircraft in the 
     airspace jurisdiction of the United States, or at the flight 
     path of such an aircraft, to be $25,000.

     SEC. 2311. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND 
                   REPORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, in collaboration with helicopter air 
     ambulance industry stakeholders, shall assess the 
     availability of information to the general public related to 
     the location of heliports and helipads used by helicopters 
     providing air ambulance services, including helipads and 
     helipads outside of those listed as part of any existing 
     databases of Airport Master Record (5010) forms.
       (b) Requirements.--Based on the assessment under subsection 
     (a), the Administrator shall--
       (1) update, as necessary, any existing guidance on what 
     information is included in the current databases of Airport 
     Master Record (5010) forms to include information related to 
     heliports and helipads used by helicopters providing air 
     ambulance services; or
       (2) develop, as appropriate and in collaboration with 
     helicopter air ambulance industry stakeholders, a new 
     database of heliports and helipads used by helicopters 
     providing air ambulance services.
       (c) Reports.--
       (1) Assessment.--Not later than 30 days after the date the 
     assessment under subsection (a) is complete, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the assessment, including any 
     recommendations on how to make information related to the 
     location of heliports and helipads used by helicopters 
     providing air ambulance services available to the general 
     public.
       (2) Implementation.--Not later than 30 days after 
     completing action under paragraph (1) or paragraph (2) of 
     subsection (b), the Administrator shall submit to the 
     appropriate committees of Congress a report on the 
     implementation of that action.
       (d) Incident and Accident Data.--Section 44731 is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``not later than 1 year after the date of enactment of this 
     section, and annually thereafter'' and inserting 
     ``annually'';
       (B) in paragraph (2), by striking ``flights and hours 
     flown, by registration number, during which helicopters 
     operated by the certificate holder were providing helicopter 
     air ambulance services'' and inserting ``hours flown by the 
     helicopters operated by the certificate holder'';
       (C) in paragraph (3)--
       (i) by striking ``of flight'' and inserting ``of patients 
     transported and the number of patient transport'';
       (ii) by inserting ``or'' after ``interfacility 
     transport,''; and
       (iii) by striking ``, or ferry or repositioning flight'';
       (D) in paragraph (5)--
       (i) by striking ``flights and''; and
       (ii) by striking ``while providing air ambulance 
     services''; and
       (E) by amending paragraph (6) to read as follows:
       ``(6) The number of hours flown at night by helicopters 
     operated by the certificate holder.'';
       (2) in subsection (d)--
       (A) by striking ``Not later than 2 years after the date of 
     enactment of this section, and annually thereafter, the 
     Administrator shall submit'' and inserting ``The 
     Administrator shall submit annually''; and
       (B) by adding at the end the following: ``The report shall 
     include the number of accidents experienced by helicopter air 
     ambulance operations, the number of fatal accidents 
     experienced by helicopter air ambulance operations, and the 
     rate, per 100,000 flight hours, of accidents and fatal 
     accidents experienced by operators providing helicopter air 
     ambulance services.'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Implementation.--In carrying out this section, the 
     Administrator, in collaboration with part 135 certificate 
     holders providing helicopter air ambulance services, shall--
       ``(1) propose and develop a method to collect and store the 
     data submitted under subsection (a), including a method to 
     protect the confidentiality of any trade secret or 
     proprietary information submitted; and
       ``(2) ensure that the database under subsection (c) and the 
     report under subsection (d) include data and analysis that 
     will best inform efforts to improve the safety of helicopter 
     air ambulance operations.''.

     SEC. 2312. PART 135 ACCIDENT AND INCIDENT DATA.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall--
       (1) determine, in collaboration with the National 
     Transportation Safety Board and

[[Page 3764]]

     Part 135 industry stakeholders, what, if any, additional data 
     should be reported as part of an accident or incident notice 
     to more accurately measure the safety of on-demand Part 135 
     aircraft activity, to pinpoint safety problems, and to form 
     the basis for critical research and analysis of general 
     aviation issues; and
       (2) submit to the appropriate committees of Congress a 
     report on the findings under paragraph (1), including a 
     description of the additional data to be collected, a 
     timeframe for implementing the additional data collection, 
     and any potential obstacles to implementation.

     SEC. 2313. DEFINITION OF HUMAN FACTORS.

       Section 40102(a), as amended by section 2140 of this Act, 
     is further amended--
       (1) by redesignating paragraphs (24) through (47) as 
     paragraphs (25) through (48), respectively; and
       (2) by inserting after paragraph (23) the following:
       ``(24) `human factors' means a multidisciplinary field that 
     generates and compiles information about human capabilities 
     and limitations and applies it to design, development, and 
     evaluation of equipment, systems, facilities, procedures, 
     jobs, environments, staffing, organizations, and personnel 
     management for safe, efficient, and effective human 
     performance, including people's use of technology.''.

     SEC. 2314. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.

       It is the sense of Congress that the pilot in command of an 
     aircraft is directly responsible for, and is the final 
     authority as to, the operation of that aircraft, as set forth 
     in section 91.3(a) of title 14, Code of Federal Regulations 
     (or any successor regulation thereto).

     SEC. 2315. ENHANCING ASIAS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, in consultation with relevant 
     aviation industry stakeholders, shall assess what, if any, 
     improvements are needed to develop the predictive capability 
     of the Aviation Safety Information Analysis and Sharing 
     program (referred to in this section as ``ASIAS'') with 
     regard to identifying precursors to accidents.
       (b) Contents.--In conducting the assessment under 
     subsection (a), the Administrator shall--
       (1) determine what actions are necessary--
       (A) to improve data quality and standardization; and
       (B) to increase the data received from additional segments 
     of the aviation industry, such as small airplane, helicopter, 
     and business jet operations;
       (2) consider how to prioritize the actions described in 
     paragraph (1); and
       (3) review available methods for disseminating safety trend 
     data from ASIAS to the aviation safety community, including 
     the inspector workforce, to inform in their risk-based 
     decision making efforts.
       (c) Report.--Not later than 60 days after the date the 
     assessment under subsection (a) is complete, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the assessment, including 
     recommendations regarding paragraphs (1) through (3) of 
     subsection (b).

     SEC. 2316. IMPROVING RUNWAY SAFETY.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall expedite the development of metrics--
       (1) to allow the Federal Aviation Administration to 
     determine whether runway incursions are increasing; and
       (2) to assess the effectiveness of implemented runway 
     safety initiatives.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     in developing the metrics described in subsection (a).

     SEC. 2317. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND 
                   BATTERIES.

       (a) Restrictions on Transportation of Lithium Batteries on 
     Passenger Aircraft.--
       (1) In general.--Pursuant to section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note)--
       (A) not later than 90 days after the date of enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall update applicable regulations to 
     implement the revised standards adopted by the International 
     Civil Aviation Organization (ICAO) on February 22, 2016, 
     regarding--
       (i) prohibiting the bulk air transportation of lithium ion 
     batteries on passenger aircraft; and
       (ii) prohibiting bulk air transport cargo shipment of 
     lithium batteries with an internal charge above 30 percent; 
     and
       (B) the Secretary of Transportation may initiate a review 
     of existing regulations under parts 171-181 of title 49, Code 
     of Federal Regulations, and any applicable regulations under 
     title 14, Code of Federal Regulations, regarding the air 
     transportation, including passenger-carrying and cargo 
     aircraft, of lithium batteries and cells.
       (2) Medical device batteries.--The Secretary of 
     Transportation is encouraged to work with ICAO, pilots, and 
     industry stakeholders to facilitate continued shipment of 
     medical device batteries consistent with high standards of 
     safety.
       (3) Savings clause.--Nothing in this section shall be 
     construed as expanding or constricting any other authority 
     the Secretary of Transportation has under section 828 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note) to promulgate additional emergency or permanent 
     regulations as permitted by subsection (b) of that section.
       (b) Lithium Battery Safety Working Group.--Not later than 
     90 days after the date of enactment of this Act, the 
     President shall establish a lithium battery safety working 
     group to promote and coordinate efforts related to the 
     promotion of the safe manufacture, use, and transportation of 
     lithium batteries and cells.
       (1) Composition.--
       (A) In general.--The working group shall be composed of at 
     least 1 representative from each of the following:
       (i) Consumer Product Safety Commission.
       (ii) Department of Transportation.
       (iii) National Institute on Standards and Technology.
       (iv) Food and Drug Administration.
       (B) Additional members.--The working group may include not 
     more than 4 additional members with expertise in the safe 
     manufacture, use, or transportation of lithium batteries and 
     cells.
       (C) Subcommittees.--The President, or members of the 
     working group, may--
       (i) establish working group subcommittees to focus on 
     specific issues related to the safe manufacture, use, or 
     transportation of lithium batteries and cells; and
       (ii) include in a subcommittee the participation of 
     nonmember stakeholders with expertise in areas that the 
     President or members consider necessary.
       (2) Report.--Not later than 1 year after the date it is 
     established under subsection (b), the working group shall--
       (A) research--
       (i) additional ways to decrease the risk of fires and 
     explosions from lithium batteries and cells;
       (ii) additional ways to ensure uniform transportation 
     requirements for both bulk and individual batteries; and
       (iii) new or existing technologies that could reduce the 
     fire and explosion risk of lithium batteries and cells; and
       (B) transmit to the appropriate committees of Congress a 
     report on the research under subparagraph (A), including any 
     legislative recommendations to effectuate the safety 
     improvements described in clauses (i) through (iii) of that 
     subparagraph.
       (3) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the working group.
       (4) Termination.--The working group, and any working group 
     subcommittees, shall terminate 90 days after the date the 
     report is transmitted under paragraph (2).

     SEC. 2318. PROHIBITION ON IMPLEMENTATION OF POLICY CHANGE TO 
                   PERMIT SMALL, NON-LOCKING KNIVES ON AIRCRAFT.

       (a) In General.--Notwithstanding any other provision of 
     law, on and after the date of enactment of this Act, the 
     Secretary of Homeland Security may not implement any change 
     to the prohibited items list of the Transportation Security 
     Administration that would permit passengers to carry small, 
     non-locking knives through passenger screening checkpoints at 
     airports, into sterile areas at airports, or on board 
     passenger aircraft.
       (b) Prohibited Items List Defined.--In this section, the 
     term ``prohibited items list'' means the list of items 
     passengers are prohibited from carrying as accessible 
     property or on their persons through passenger screening 
     checkpoints at airports, into sterile areas at airports, and 
     on board passenger aircraft pursuant to section 1540.111 of 
     title 49, Code of Federal Regulations.

     SEC. 2319. AIRCRAFT CABIN EVACUATION PROCEDURES.

       (a) Review.--The Administrator of the Federal Aviation 
     Administration shall review--
       (1) evacuation certification of transport-category aircraft 
     used in air transportation, with regard to--
       (A) emergency conditions, including impacts into water;
       (B) crew procedures used for evacuations under actual 
     emergency conditions;
       (C) any relevant changes to passenger demographics and 
     legal requirements, including the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.), that affect emergency 
     evacuations; and
       (D) any relevant changes to passenger seating 
     configurations, including changes to seat width, padding, 
     reclining, size, pitch, leg room, and aisle width; and
       (2) recent accidents and incidents in which passengers 
     evacuated such aircraft.
       (b) Consultation; Review of Data.--In conducting the review 
     under subsection (a), the Administrator shall--
       (1) consult with the National Transportation Safety Board, 
     transport-category aircraft manufacturers, air carriers, and 
     other relevant experts and Federal agencies, including groups 
     representing passengers, airline crew members, maintenance 
     employees, and emergency responders; and

[[Page 3765]]

       (2) review relevant data with respect to evacuation 
     certification of transport-category aircraft.
       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report on the 
     results of the review under subsection (a) and related 
     recommendations, if any, including recommendations for 
     revisions to the assumptions and methods used for assessing 
     evacuation certification of transport-category aircraft.

                  Subtitle D--General Aviation Safety

     SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) update automated weather observing systems standards to 
     maximize the use of new technologies that promote the 
     reduction of equipment or maintenance cost for non-Federal 
     automated weather observing systems, including the use of 
     remote monitoring and maintenance, unless demonstrated to be 
     ineffective;
       (2) review, and if necessary update, existing policies in 
     accordance with the standards developed under paragraph (1); 
     and
       (3) establish a process under which appropriate on site 
     airport personnel or an aviation official may, with 
     appropriate manufacturer training or alternative training as 
     determined by the Administrator, be permitted to conduct the 
     minimum tri-annual preventative maintenance checks under the 
     advisory circular for non-Federal automated weather observing 
     systems (AC 150/5220-16D).
       (b) Permission.--Permission to conduct the minimum tri-
     annual preventative maintenance checks described under 
     subsection (a)(3) shall not be withheld but for specific 
     cause.
       (c) Standards.--In updating the standards under subsection 
     (a)(1), the Administrator shall--
       (1) ensure the standards are performance-based;
       (2) use risk analysis to determine the accuracy of the 
     automated weather observing systems outputs required for 
     pilots to perform safe aircraft operations; and
       (3) provide a cost benefit analysis to determine whether 
     the benefits outweigh the cost for any requirement not 
     directly related to safety.
       (d) Report.--Not later than September 30, 2017, the 
     Administrator shall provide a report to the appropriate 
     committees of Congress on the implementation of requirements 
     under this section.

     SEC. 2402. TOWER MARKING.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue regulations to require 
     the marking of covered towers.
       (b) Marking Required.--The regulations under subsection (a) 
     shall require that a covered tower be clearly marked in a 
     manner that is consistent with applicable guidance under the 
     Federal Aviation Administration Advisory Circular issued 
     December 4, 2015 (AC 70/7460-1L) or other relevant safety 
     guidance, as determined by the Administrator.
       (c) Application.--The regulations issued under subsection 
     (a) shall ensure that--
       (1) all covered towers constructed on or after the date on 
     which such regulations take effect are marked in accordance 
     with subsection (b); and
       (2) a covered tower constructed before the date on which 
     such regulations take effect is marked in accordance with 
     subsection (b) not later than 1 year after such effective 
     date.
       (d) Definition of Covered Tower.--
       (1) In general.--In this section, the term ``covered 
     tower'' means a structure that--
       (A) is self-standing or supported by guy wires and ground 
     anchors;
       (B) is 10 feet or less in diameter at the above-ground 
     base, excluding concrete footing;
       (C) at the highest point of the structure is at least 50 
     feet above ground level;
       (D) at the highest point of the structure is not more than 
     200 feet above ground level;
       (E) has accessory facilities on which an
     antenna, sensor, camera, meteorological instrument, or other 
     equipment is mounted; and
       (F) is located--
       (i) outside the boundaries of an incorporated city or town; 
     or
       (ii) on land that is--

       (I) undeveloped; or
       (II) used for agricultural purposes.

       (2) Exclusions.--The term ``covered tower'' does not 
     include any structure that--
       (A) is adjacent to a house, barn, electric utility station, 
     or other building;
       (B) is within the curtilage of a farmstead;
       (C) supports electric utility transmission or distribution 
     lines;
       (D) is a wind powered electrical generator with a rotor 
     blade radius that exceeds 6 feet; or
       (E) is a street light erected or maintained by a Federal, 
     State, local, or tribal entity.
       (e) Database.--The Administrator shall--
       (1) develop a database that contains the location and 
     height of each covered tower;
       (2) keep the database current to the extent practicable;
       (3) ensure that any proprietary information in the database 
     is protected from disclosure in accordance with law; and
       (4) ensure access to the database is limited to 
     individuals, such as airmen, who require the information for 
     aviation safety purposes only.

     SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall evaluate and update, as necessary, standards for crash-
     resistant fuel systems for civilian rotorcraft.

     SEC. 2404. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN 
                   DEFINING SCOPE AND REQUIREMENTS FOR FUTURE 
                   FLIGHT SERVICE PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall consult with general aviation stakeholders in defining 
     the scope and requirements for any new Future Flight Service 
     Program of the Administration to be used in a competitive 
     source selection for the next flight service contract with 
     the Administration.

                     Subtitle E--General Provisions

     SEC. 2501. DESIGNATED AGENCY SAFETY AND HEALTH OFFICER.

       (a) In General.--Section 106 is amended by adding at the 
     end the following:
       ``(u) Designated Agency Safety and Health Officer.--
       ``(1) Appointment.--There shall be a Designated Agency 
     Safety and Health Officer appointed by the Administrator who 
     shall exclusively fulfill the duties prescribed in this 
     subsection.
       ``(2) Responsibilities.--The Designated Agency Safety and 
     Health Officer shall have responsibility and accountability 
     for--
       ``(A) auditing occupational safety and health issues across 
     the Administration;
       ``(B) overseeing Administration-wide compliance with 
     relevant Federal occupational safety and health statutes and 
     regulations, national industry and consensus standards, and 
     Administration policies; and
       ``(C) encouraging a culture of occupational safety and 
     health to complement the Administration's existing safety 
     culture.
       ``(3) Reporting structure.--The Designated Agency Safety 
     and Health Officer shall occupy a full-time, senior executive 
     position and shall report directly to the Assistant 
     Administrator for Human Resource Management.
       ``(4) Qualifications and removal.--
       ``(A) Qualifications.--The Designated Agency Safety and 
     Health Officer shall have demonstrated ability and experience 
     in the establishment and administration of comprehensive 
     occupational safety and health programs and knowledge of 
     relevant Federal occupational safety and health statutes and 
     regulations, national industry and consensus standards, and 
     Administration policies.
       ``(B) Removal.--The Designated Agency Safety and Health 
     Officer shall serve at the pleasure of the Administrator.''.
       (b) Deadline for Appointment.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration shall appoint an 
     individual to serve as the Designated Agency Safety and 
     Health Officer under section 106(u) of title 49, United 
     States Code.

     SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.

       (a) Risk-based Oversight.--Section 44733 is amended--
       (1) by redesignating subsection (f) as subsection (g);
       (2) by inserting after subsection (e) the following:
       ``(f) Risk-based Oversight.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall take 
     measures to ensure that the safety assessment system 
     established under subsection (a)--
       ``(A) places particular consideration on inspections of 
     part 145 repair stations located outside the United States 
     that conduct scheduled heavy maintenance work on part 121 air 
     carrier aircraft; and
       ``(B) accounts for the frequency and seriousness of any 
     corrective actions that part 121 air carriers must implement 
     to aircraft following such work at such repair stations.
       ``(2) International agreements.--The Administrator shall 
     take the measures required under paragraph (1)--
       ``(A) in accordance with the United States obligations 
     under applicable international agreements; and
       ``(B) in a manner consistent with the applicable laws of 
     the country in which a repair station is located.
       ``(3) Access to data.--The Administrator may access and 
     review such information or data in the possession of a part 
     121 air carrier as the Administrator may require in carrying 
     out paragraph (1)(B).''; and
       (3) in subsection (g), as redesignated--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Heavy maintenance work.--The term `heavy maintenance 
     work' means a C-check, a D-check, or equivalent maintenance 
     operation with respect to the airframe of a transport-
     category aircraft.''.

[[Page 3766]]

       (b) Alcohol and Controlled Substances Testing.--The 
     Administrator of the Federal Aviation Administration shall 
     ensure that--
       (1) not later than 90 days after the date of enactment of 
     this Act, a notice of proposed rulemaking required pursuant 
     to section 44733(d)(2) of title 49, United States Code, is 
     published in the Federal Register; and
       (2) not later than 1 year after the date on which the 
     notice of proposed rulemaking is published in the Federal 
     Register, the rulemaking is finalized.
       (c) Background Investigations.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration shall ensure that each 
     employee of a repair station certificated under part 145 of 
     title 14, Code of Federal Regulations, who performs a safety-
     sensitive function on an air carrier aircraft has undergone a 
     preemployment background investigation sufficient to 
     determine whether the individual presents a threat to 
     aviation safety, in a manner that is--
       (1) determined acceptable by the Administrator;
       (2) consistent with the applicable laws of the country in 
     which the repair station is located; and
       (3) consistent with the United States obligations under 
     international agreements.

     SEC. 2503. FAA TECHNICAL TRAINING.

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

     SEC. 2504. SAFETY CRITICAL STAFFING.

       (a) Audit by DOT Inspector General.--Not later than 1 year 
     after the date of enactment of this Act, the Inspector 
     General of the Department of Transportation shall conduct and 
     complete an audit of the staffing model used by the Federal 
     Aviation Administration to determine the number of aviation 
     safety inspectors that are needed to fulfill the mission of 
     the Federal Aviation Administration and adequately ensure 
     aviation safety.
       (b) Contents.--The audit shall include, at a minimum--
       (1) a review of the staffing model and an analysis of how 
     consistently the staffing model is applied throughout the 
     Federal Aviation Administration's aviation safety lines of 
     business;
       (2) a review of the assumptions and methods used in 
     devising and implementing the staffing model to assess the 
     adequacy of the staffing model to predict the number of 
     aviation safety inspectors needed to properly fulfill the 
     mission of the Federal Aviation Administration and meet the 
     future growth of the aviation industry; and
       (3) a determination on whether the current staffing model 
     takes into account the Federal Aviation Administration's 
     authority to fully utilize designees.
       (c) Report.--Not later than 30 days after the date of 
     completion of the audit, the Inspector General shall submit 
     to the appropriate committees of Congress a report on the 
     results of the audit.

     SEC. 2505. APPROACH CONTROL RADAR IN ALL AIR TRAFFIC CONTROL 
                   TOWERS.

       The Administrator of the Federal Aviation Administration 
     shall--
       (1) identify airports that are currently served by Federal 
     Aviation Administration towers with non-radar approach and 
     departure control (Type 4 tower); and
       (2) develop an implementation plan, including budgetary 
     considerations, to provide the facilities identified under 
     paragraph (1) with approach control radar.

   Subtitle F--Third Class Medical Reform and General Aviation Pilot 
                              Protections

     SEC. 2601. SHORT TITLE.

       This subtitle may be cited as the ``Pilot's Bill of Rights 
     2''.

     SEC. 2602. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT 
                   PILOTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue or revise regulations to 
     ensure that an individual may operate as pilot in command of 
     a covered aircraft if--
       (1) the individual possesses a valid driver's license 
     issued by a State, territory, or possession of the United 
     States and complies with all medical requirements or 
     restrictions associated with that license;
       (2) the individual holds a medical certificate issued by 
     the Federal Aviation Administration on the date of enactment 
     of this Act, held such a certificate at any point during the 
     10-year period preceding such date of enactment, or obtains 
     such a certificate after such date of enactment;
       (3) the most recent medical certificate issued by the 
     Federal Aviation Administration to the individual--
       (A) indicates whether the certificate is first, second, or 
     third class;
       (B) may include authorization for special issuance;
       (C) may be expired;
       (D) cannot have been revoked or suspended; and
       (E) cannot have been withdrawn;
       (4) the most recent application for airman medical 
     certification submitted to the Federal Aviation 
     Administration by the individual cannot have been completed 
     and denied;
       (5) the individual has completed a medical education course 
     described in subsection (c) during the 24 calendar months 
     before acting as pilot in command of a covered aircraft and 
     demonstrates proof of completion of the course;
       (6) the individual, when serving as a pilot in command, is 
     under the care and treatment of a physician if the individual 
     has been diagnosed with any medical condition that may impact 
     the ability of the individual to fly;
       (7) the individual has received a comprehensive medical 
     examination from a State-licensed physician during the 
     previous 48 months and--
       (A) prior to the examination, the individual--
       (i) completed the individual's section of the checklist 
     described in subsection (b); and
       (ii) provided the completed checklist to the physician 
     performing the examination; and
       (B) the physician conducted the comprehensive medical 
     examination in accordance with the checklist described in 
     subsection (b), checking each item specified during the 
     examination and addressing, as medically appropriate, every 
     medical condition listed, and any medications the individual 
     is taking; and
       (8) the individual is operating in accordance with the 
     following conditions:
       (A) The covered aircraft is carrying not more than 5 
     passengers.
       (B) The individual is operating the covered aircraft under 
     visual flight rules or instrument flight rules.
       (C) The flight, including each portion of that flight, is 
     not carried out--
       (i) for compensation or hire, including that no passenger 
     or property on the flight is being carried for compensation 
     or hire;
       (ii) at an altitude that is more than 18,000 feet above 
     mean sea level;
       (iii) outside the United States, unless authorized by the 
     country in which the flight is conducted; or
       (iv) at an indicated air speed exceeding 250 knots.
       (b) Comprehensive Medical Examination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     checklist for an individual to complete and provide to the 
     physician performing the comprehensive medical examination 
     required in subsection (a)(7).
       (2) Requirements.--The checklist shall contain--
       (A) a section, for the individual to complete that 
     contains--
       (i) boxes 3 through 13 and boxes 16 through 19 of the 
     Federal Aviation Administration Form 8500-8 (3-99);
       (ii) a signature line for the individual to affirm that--

       (I) the answers provided by the individual on that 
     checklist, including the individual's answers regarding 
     medical history, are true and complete;
       (II) the individual understands that he or she is 
     prohibited under Federal Aviation Administration regulations 
     from acting as pilot in command, or any other capacity as a 
     required flight crew member, if he or she knows or has reason 
     to know of any medical deficiency or medically disqualifying 
     condition that would make the individual unable to operate 
     the aircraft in a safe manner; and
       (III) the individual is aware of the regulations pertaining 
     to the prohibition on operations during medical deficiency 
     and has no medically disqualifying conditions in accordance 
     with applicable law;

       (B) a section with instructions for the individual to 
     provide the completed checklist to

[[Page 3767]]

     the physician performing the comprehensive medical 
     examination required in subsection (a)(7); and
       (C) a section, for the physician to complete, that 
     instructs the physician--
       (i) to perform a clinical examination of--

       (I) head, face, neck, and scalp;
       (II) nose, sinuses, mouth, and throat;
       (III) ears, general (internal and external canals), and 
     eardrums (perforation);
       (IV) eyes (general), ophthalmoscopic, pupils (equality and 
     reaction), and ocular motility (associated parallel movement, 
     nystagmus);
       (V) lungs and chest (not including breast examination);
       (VI) heart (precordial activity, rhythm, sounds, and 
     murmurs);
       (VII) vascular system (pulse, amplitude, and character, and 
     arms, legs, and others);
       (VIII) abdomen and viscera (including hernia);
       (IX) anus (not including digital examination);
       (X) skin;
       (XI) G-U system (not including pelvic examination);
       (XII) upper and lower extremities (strength and range of 
     motion);
       (XIII) spine and other musculoskeletal;
       (XIV) identifying body marks, scars, and tattoos (size and 
     location);
       (XV) lymphatics;
       (XVI) neurologic (tendon reflexes, equilibrium, senses, 
     cranial nerves, and coordination, etc.);
       (XVII) psychiatric (appearance, behavior, mood, 
     communication, and memory);
       (XVIII) general systemic;
       (XIX) hearing;
       (XX) vision (distant, near, and intermediate vision, field 
     of vision, color vision, and ocular alignment);
       (XXI) blood pressure and pulse; and
       (XXII) anything else the physician, in his or her medical 
     judgment, considers necessary;

       (ii) to exercise medical discretion to address, as 
     medically appropriate, any medical conditions identified, and 
     to exercise medical discretion in determining whether any 
     medical tests are warranted as part of the comprehensive 
     medical examination;
       (iii) to discuss all drugs the individual reports taking 
     (prescription and nonprescription) and their potential to 
     interfere with the safe operation of an aircraft or motor 
     vehicle;
       (iv) to sign the checklist, stating: ``I certify that I 
     discussed all items on this checklist with the individual 
     during my examination, discussed any medications the 
     individual is taking that could interfere with their ability 
     to safely operate an aircraft or motor vehicle, and performed 
     an examination that included all of the items on this 
     checklist. I certify that I am not aware of any medical 
     condition that, as presently treated, could interfere with 
     the individual's ability to safely operate an aircraft.''; 
     and
       (v) to provide the date the comprehensive medical 
     examination was completed, and the physician's full name, 
     address, telephone number, and State medical license number.
       (3) Logbook.--The completed checklist shall be retained in 
     the individual's logbook and made available on request.
       (c) Medical Education Course Requirements.--The medical 
     education course described in this subsection shall--
       (1) be available on the Internet free of charge;
       (2) be developed and periodically updated in coordination 
     with representatives of relevant nonprofit and not-for-profit 
     general aviation stakeholder groups;
       (3) educate pilots on conducting medical self-assessments;
       (4) advise pilots on identifying warning signs of potential 
     serious medical conditions;
       (5) identify risk mitigation strategies for medical 
     conditions;
       (6) increase awareness of the impacts of potentially 
     impairing over-the-counter and prescription drug medications;
       (7) encourage regular medical examinations and 
     consultations with primary care physicians;
       (8) inform pilots of the regulations pertaining to the 
     prohibition on operations during medical deficiency and 
     medically disqualifying conditions;
       (9) provide the checklist developed by the Federal Aviation 
     Administration in accordance with subsection (b); and
       (10) upon successful completion of the course, 
     electronically provide to the individual and transmit to the 
     Federal Aviation Administration--
       (A) a certification of completion of the medical education 
     course, which shall be printed and retained in the 
     individual's logbook and made available upon request, and 
     shall contain the individual's name, address, and airman 
     certificate number;
       (B) subject to subsection (d), a release authorizing the 
     National Driver Register through a designated State 
     Department of Motor Vehicles to furnish to the Federal 
     Aviation Administration information pertaining to the 
     individual's driving record;
       (C) a certification by the individual that the individual 
     is under the care and treatment of a physician if the 
     individual has been diagnosed with any medical condition that 
     may impact the ability of the individual to fly, as required 
     under (a)(6);
       (D) a form that includes--
       (i) the name, address, telephone number, and airman 
     certificate number of the individual;
       (ii) the name, address, telephone number, and State medical 
     license number of the physician performing the comprehensive 
     medical examination required in subsection (a)(7);
       (iii) the date of the comprehensive medical examination 
     required in subsection (a)(7); and
       (iv) a certification by the individual that the checklist 
     described in subsection (b) was followed and signed by the 
     physician in the comprehensive medical examination required 
     in subsection (a)(7); and
       (E) a statement, which shall be printed, and signed by the 
     individual certifying that the individual understands the 
     existing prohibition on operations during medical deficiency 
     by stating: ``I understand that I cannot act as pilot in 
     command, or any other capacity as a required flight crew 
     member, if I know or have reason to know of any medical 
     condition that would make me unable to operate the aircraft 
     in a safe manner.''.
       (d) National Driver Register.--The authorization under 
     subsection (c)(10)(B) shall be an authorization for a single 
     access to the information contained in the National Driver 
     Register.
       (e) Special Issuance Process.--
       (1) In general.--An individual who has qualified for the 
     third-class medical certificate exemption under subsection 
     (a) and is seeking to serve as a pilot in command of a 
     covered aircraft shall be required to have completed the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate for each of the following:
       (A) A mental health disorder, limited to an established 
     medical history or clinical diagnosis of--
       (i) personality disorder that is severe enough to have 
     repeatedly manifested itself by overt acts;
       (ii) psychosis, defined as a case in which an individual--

       (I) has manifested delusions, hallucinations, grossly 
     bizarre or disorganized behavior, or other commonly accepted 
     symptoms of psychosis; or
       (II) may reasonably be expected to manifest delusions, 
     hallucinations, grossly bizarre or disorganized behavior, or 
     other commonly accepted symptoms of psychosis;

       (iii) bipolar disorder; or
       (iv) substance dependence within the previous 2 years, as 
     defined in section 67.307(a)(4) of title 14, Code of Federal 
     Regulations.
       (B) A neurological disorder, limited to an established 
     medical history or clinical diagnosis of any of the 
     following:
       (i) Epilepsy.
       (ii) Disturbance of consciousness without satisfactory 
     medical explanation of the cause.
       (iii) A transient loss of control of nervous system 
     functions without satisfactory medical explanation of the 
     cause.
       (C) A cardiovascular condition, limited to a one-time 
     special issuance for each diagnosis of the following:
       (i) Myocardial infraction.
       (ii) Coronary heart disease that has required treatment.
       (iii) Cardiac valve replacement.
       (iv) Heart replacement.
       (2) Special rule for cardiovascular conditions.--In the 
     case of an individual with a cardiovascular condition, the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate shall be satisfied with the 
     successful completion of an appropriate clinical evaluation 
     without a mandatory wait period.
       (3) Special rule for mental health conditions.--
       (A) In the case of an individual with a clinically 
     diagnosed mental health condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed mental 
     health condition.
       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a mental health condition shall certify every 
     2 years, in conjunction with the certification under 
     subsection (c)(10)(C), that the individual is under the care 
     of a State-licensed medical specialist for that mental health 
     condition.
       (4) Special rule for neurological conditions.--
       (A) In the case of an individual with a clinically 
     diagnosed neurological condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

[[Page 3768]]

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed 
     neurological condition.
       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a neurological condition shall certify every 2 
     years, in conjunction with the certification under subsection 
     (c)(10)(C), that the individual is under the care of a State-
     licensed medical specialist for that neurological condition.
       (f) Identification of Additional Medical Conditions for the 
     Caci Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall review and 
     identify additional medical conditions that could be added to 
     the program known as the Conditions AMEs Can Issue (CACI) 
     program.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     listing the medical conditions that have been added to the 
     CACI program under paragraph (1).
       (g) Expedited Authorization for Special Issuance of a 
     Medical Certificate.--
       (1) In general.--The Administrator shall implement 
     procedures to expedite the process for obtaining an 
     Authorization for Special Issuance of a Medical Certificate 
     under section 67.401 of title 14, Code of Federal 
     Regulations.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report describing how the 
     procedures implemented under paragraph (1) will streamline 
     the process for obtaining an Authorization for Special 
     Issuance of a Medical Certificate and reduce the amount of 
     time needed to review and decide special issuance cases.
       (h) Report Required.--Not later than 5 years after the date 
     of enactment of this Act, the Administrator, in coordination 
     with the National Transportation Safety Board, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes the effect of the regulations issued or revised 
     under subsection (a) and includes statistics with respect to 
     changes in small aircraft activity and safety incidents.
       (i) Prohibition on Enforcement Actions.--Beginning on the 
     date that is 1 year after the date of enactment of this Act, 
     the Administrator may not take an enforcement action for not 
     holding a valid third-class medical certificate against a 
     pilot of a covered aircraft for a flight, through a good 
     faith effort, if the pilot and the flight meet the applicable 
     requirements under subsection (a), except paragraph (5) of 
     that subsection, unless the Administrator has published final 
     regulations in the Federal Register under that subsection.
       (j) Covered Aircraft Defined.--In this section, the term 
     ``covered aircraft'' means an aircraft that--
       (1) is authorized under Federal law to carry not more than 
     6 occupants; and
       (2) has a maximum certificated takeoff weight of not more 
     than 6,000 pounds.
       (k) Operations Covered.--The provisions and requirements 
     covered in this section do not apply to pilots who elect to 
     operate under the medical requirements under subsection (b) 
     or subsection (c) of section 61.23 of title 14, Code of 
     Federal Regulations.
       (l) Authority to Require Additional Information.--
       (1) In general.--If the Administrator receives credible or 
     urgent information, including from the National Driver 
     Register or the Administrator's Safety Hotline, that reflects 
     on an individual's ability to safely operate a covered 
     aircraft under the third-class medical certificate exemption 
     in subsection (a), the Administrator may require the 
     individual to provide additional information or history so 
     that the Administrator may determine whether the individual 
     is safe to continue operating a covered aircraft.
       (2) Use of information.--The Administrator may use credible 
     or urgent information received under paragraph (1) to request 
     an individual to provide additional information or to take 
     actions under section 44709(b) of title 49, United States 
     Code.

     SEC. 2603. EXPANSION OF PILOT'S BILL OF RIGHTS.

       (a) Appeals of Suspended and Revoked Airman Certificates.--
     Section 2(d)(1) of the Pilot's Bill of Rights (Public Law 
     112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by 
     striking ``or imposing a punitive civil action or an 
     emergency order of revocation under subsections (d) and (e) 
     of section 44709 of such title'' and inserting ``suspending 
     or revoking an airman certificate under section 44709(d) of 
     such title, or imposing an emergency order of revocation 
     under subsections (d) and (e) of section 44709 of such 
     title''.
       (b) De Novo Review by District Court; Burden of Proof.--
     Section 2(e) of the Pilot's Bill of Rights (Public Law 112-
     153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--In an appeal filed under subsection (d) 
     in a United States district court with respect to a denial, 
     suspension, or revocation of an airman certificate by the 
     Administrator--
       ``(A) the district court shall review the denial, 
     suspension, or revocation de novo, including by--
       ``(i) conducting a full independent review of the complete 
     administrative record of the denial, suspension, or 
     revocation;
       ``(ii) permitting additional discovery and the taking of 
     additional evidence; and
       ``(iii) making the findings of fact and conclusions of law 
     required by Rule 52 of the Federal Rules of Civil Procedure 
     without being bound to any findings of fact of the 
     Administrator or the National Transportation Safety Board.'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Burden of proof.--In an appeal filed under subsection 
     (d) in a United States district court after an exhaustion of 
     administrative remedies, the burden of proof shall be as 
     follows:
       ``(A) In an appeal of the denial of an application for the 
     issuance or renewal of an airman certificate under section 
     44703 of title 49, United States Code, the burden of proof 
     shall be upon the applicant denied an airman certificate by 
     the Administrator.
       ``(B) In an appeal of an order issued by the Administrator 
     under section 44709 of title 49, United States Code, the 
     burden of proof shall be upon the Administrator.''; and
       (4) by adding at the end the following:
       ``(4) Applicability of administrative procedure act.--
     Notwithstanding paragraph (1)(A) of this subsection or 
     subsection (a)(1) of section 554 of title 5, United States 
     Code, section 554 of such title shall apply to adjudications 
     of the Administrator and the National Transportation Safety 
     Board to the same extent as that section applied to such 
     adjudications before the date of enactment of the Pilot's 
     Bill of Rights 2.''.
       (c) Notification of Investigation.--Subsection (b) of 
     section 2 of the Pilot's Bill of Rights (Public Law 112-153; 
     126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) in paragraph (2)(A), by inserting ``and the specific 
     activity on which the investigation is based'' after ``nature 
     of the investigation'';
       (2) in paragraph (3), by striking ``timely''; and
       (3) in paragraph (5), by striking ``section 44709(c)(2)'' 
     and inserting ``section 44709(e)(2)''.
       (d) Release of Investigative Reports.--Section 2 of the 
     Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 
     49 U.S.C. 44703 note) is further amended by inserting after 
     subsection (e) the following:
       ``(f) Release of Investigative Reports.--
       ``(1) In general.--
       ``(A) Emergency orders.--In any proceeding conducted under 
     part 821 of title 49, Code of Federal Regulations, relating 
     to the amendment, modification, suspension, or revocation of 
     an airman certificate, in which the Administrator issues an 
     emergency order under subsections (d) and (e) of section 
     44709, section 44710, or section 46105(c) of title 49, United 
     States Code, or another order that takes effect immediately, 
     the Administrator shall provide to the individual holding the 
     airman certificate the releasable portion of the 
     investigative report at the time the Administrator issues the 
     order. If the complete Report of Investigation is not 
     available at the time the Emergency Order is issued, the 
     Administrator shall issue all portions of the report that are 
     available at the time and shall provide the full report 
     within 5 days of its completion.
       ``(B) Other orders.--In any non-emergency proceeding 
     conducted under part 821 of title 49, Code of Federal 
     Regulations, relating to the amendment, modification, 
     suspension, or revocation of an airman certificate, in which 
     the Administrator notifies the certificate holder of a 
     proposed certificate action under subsections (b) and (c) of 
     section 44709 or section 44710 of title 49, United States 
     Code, the Administrator shall, upon the written request of 
     the covered certificate holder and at any time after that 
     notification, provide to the covered certificate holder the 
     releasable portion of the investigative report.
       ``(2) Motion for dismissal.--If the Administrator does not 
     provide the releasable portions of the investigative report 
     to the individual holding the airman certificate subject to 
     the proceeding referred to in paragraph (1) by the time 
     required by that paragraph, the

[[Page 3769]]

     individual may move to dismiss the complaint of the 
     Administrator or for other relief and, unless the 
     Administrator establishes good cause for the failure to 
     provide the investigative report or for a lack of timeliness, 
     the administrative law judge shall order such relief as the 
     judge considers appropriate.
       ``(3) Releasable portion of investigative report.--For 
     purposes of paragraph (1), the releasable portion of an 
     investigative report is all information in the report, except 
     for the following:
       ``(A) Information that is privileged.
       ``(B) Information that constitutes work product or reflects 
     internal deliberative process.
       ``(C) Information that would disclose the identity of a 
     confidential source.
       ``(D) Information the disclosure of which is prohibited by 
     any other provision of law.
       ``(E) Information that is not relevant to the subject 
     matter of the proceeding.
       ``(F) Information the Administrator can demonstrate is 
     withheld for good cause.
       ``(G) Sensitive security information, as defined in section 
     15.5 of title 49, Code of Federal Regulations (or any 
     corresponding similar ruling or regulation).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to prevent the Administrator from 
     releasing to an individual subject to an investigation 
     described in subsection (b)(1)--
       ``(A) information in addition to the information included 
     in the releasable portion of the investigative report; or
       ``(B) a copy of the investigative report before the 
     Administrator issues a complaint.''.

     SEC. 2604. LIMITATIONS ON REEXAMINATION OF CERTIFICATE 
                   HOLDERS.

       (a) In General.--Section 44709(a) is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) In general.--The Administrator'';
       (2) by striking ``reexamine'' and inserting ``, except as 
     provided in paragraph (2), reexamine''; and
       (3) by adding at the end the following:
       ``(2) Limitation on the reexamination of airman 
     certificates.--
       ``(A) In general.--The Administrator may not reexamine an 
     airman holding a student, sport, recreational, or private 
     pilot certificate issued under section 44703 of this title if 
     the reexamination is ordered as a result of an event 
     involving the fault of the Federal Aviation Administration or 
     its designee, unless the Administrator has reasonable 
     grounds--
       ``(i) to establish that the airman may not be qualified to 
     exercise the privileges of a particular certificate or 
     rating, based upon an act or omission committed by the airman 
     while exercising those privileges, after the certificate or 
     rating was issued by the Federal Aviation Administration or 
     its designee; or
       ``(ii) to demonstrate that the airman obtained the 
     certificate or the rating through fraudulent means or through 
     an examination that was substantially and demonstrably 
     inadequate to establish the airman's qualifications.
       ``(B) Notification requirements.--Before taking any action 
     to reexamine an airman under subparagraph (A), the 
     Administrator shall provide to the airman--
       ``(i) a reasonable basis, described in detail, for 
     requesting the reexamination; and
       ``(ii) any information gathered by the Federal Aviation 
     Administration, that the Administrator determines is 
     appropriate to provide, such as the scope and nature of the 
     requested reexamination, that formed the basis for that 
     justification.''.
       (b) Amendment, Modification, Suspension, or Revocation of 
     Airman Certificates After Reexamination.--Section 44709(b) is 
     amended--
       (1) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) in the matter preceding subparagraph (A), as 
     redesignated, by striking ``The Administrator'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Administrator''; and
       (4) by adding at the end the following:
       ``(2) Amendments, modifications, suspensions, and 
     revocations of airman certificates after reexamination.--
       ``(A) In general.--The Administrator may not issue an order 
     to amend, modify, suspend, or revoke an airman certificate 
     held by a student, sport, recreational, or private pilot and 
     issued under section 44703 of this title after a 
     reexamination of the airman holding the certificate unless 
     the Administrator determines that the airman--
       ``(i) lacks the technical skills and competency, or care, 
     judgment, and responsibility, necessary to hold and safely 
     exercise the privileges of the certificate; or
       ``(ii) materially contributed to the issuance of the 
     certificate by fraudulent means.
       ``(B) Standard of review.--Any order of the Administrator 
     under this paragraph shall be subject to the standard of 
     review provided for under section 2 of the Pilot's Bill of 
     Rights (49 U.S.C. 44703 note).''.
       (c) Conforming Amendments.--Section 44709(d)(1) is 
     amended--
       (1) in subparagraph (A), by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
       (2) in subparagraph (B), by striking ``subsection 
     (b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.

     SEC. 2605. EXPEDITING UPDATES TO NOTAM PROGRAM.

       (a) In General.--
       (1) Beginning on the date that is 180 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration may not take any enforcement action 
     against any individual for a violation of a NOTAM (as defined 
     in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701 
     note)) until the Administrator certifies to the appropriate 
     congressional committees that the Administrator has complied 
     with the requirements of section 3 of the Pilot's Bill of 
     Rights, as amended by this section.
       (2) In this subsection, the term ``appropriate 
     congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (b) Amendments.--Section 3 of the Pilot's Bill of Rights 
     (Public Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is 
     amended--
       (1) in subsection (a)(2)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``this Act'' and inserting ``the Pilot's 
     Bill of Rights 2''; and
       (ii) by striking ``begin'' and inserting ``complete the 
     implementation of'';
       (B) by amending subparagraph (B) to read as follows:
       ``(B) to continue developing and modernizing the NOTAM 
     repository, in a public central location, to maintain and 
     archive all NOTAMs, including the original content and form 
     of the notices, the original date of publication, and any 
     amendments to such notices with the date of each amendment, 
     in a manner that is Internet-accessible, machine-readable, 
     and searchable;'';
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) to specify the times during which temporary flight 
     restrictions are in effect and the duration of a designation 
     of special use airspace in a specific area.''; and
       (2) by amending subsection (d) to read as follows:
       ``(d) Designation of Repository as Sole Source for 
     Notams.--
       ``(1) In general.--The Administrator--
       ``(A) shall consider the repository for NOTAMs under 
     subsection (a)(2)(B) to be the sole location for airmen to 
     check for NOTAMs; and
       ``(B) may not consider a NOTAM to be announced or published 
     until the NOTAM is included in the repository for NOTAMs 
     under subsection (a)(2)(B).
       ``(2) Prohibition on taking action for violations of notams 
     not in repository.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     beginning on the date that the repository under subsection 
     (a)(2)(B) is final and published, the Administrator may not 
     take any enforcement action against an airman for a violation 
     of a NOTAM during a flight if--
       ``(i) that NOTAM is not available through the repository 
     before the commencement of the flight; and
       ``(ii) that NOTAM is not reasonably accessible and 
     identifiable to the airman.
       ``(B) Exception for national security.--Subparagraph (A) 
     shall not apply in the case of an enforcement action for a 
     violation of a NOTAM that directly relates to national 
     security.''.

     SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT DATA.

       (a) In General.--Subchapter I of chapter 471 is amended by 
     inserting after section 47124 the following:

     ``Sec. 47124a. Accessibility of certain flight data

       ``(a) Definitions.--In this section:
       ``(1) Administration.--The term `Administration' means the 
     Federal Aviation Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(3) Applicable individual.--The term `applicable 
     individual' means an individual who is the subject of an 
     investigation initiated by the Administrator related to a 
     covered flight record.
       ``(4) Contract tower.--The term `contract tower' means an 
     air traffic control tower providing air traffic control 
     services pursuant to a contract with the Administration under 
     the contract air traffic control tower program under section 
     47124(b)(3).
       ``(5) Covered flight record.--The term `covered flight 
     record' means any air traffic data (as defined in section 
     2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703 
     note)), created, maintained, or controlled by any program of 
     the Administration, including any program of the 
     Administration carried out by employees or contractors of the 
     Administration, such as contract towers, flight service 
     stations, and controller training programs.
       ``(b) Provision of Covered Flight Record to 
     Administration.--

[[Page 3770]]

       ``(1) Requests.--Whenever the Administration receives a 
     written request for a covered flight record from an 
     applicable individual and the covered flight record is not in 
     the possession of the Administration, the Administrator shall 
     request the covered flight record from the contract tower or 
     other contractor of the Administration in possession of the 
     covered flight record.
       ``(2) Provision of records.--Any covered flight record 
     created, maintained, or controlled by a contract tower or 
     another contractor of the Administration that maintains 
     covered flight records shall be provided to the 
     Administration if the Administration requests the record 
     pursuant to paragraph (1).
       ``(3) Notice of proposed certificate action.--If the 
     Administrator has issued, or subsequently issues, a Notice of 
     Proposed Certificate Action relying on evidence contained in 
     the covered flight record and the individual who is the 
     subject of an investigation has requested the record, the 
     Administrator shall promptly produce the record and extend 
     the time the individual has to respond to the Notice of 
     Proposed Certificate Action until the covered flight record 
     is provided.
       ``(c) Implementation.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Pilot's Bill of Rights 2, the 
     Administrator shall promulgate regulations or guidance to 
     ensure compliance with this section.
       ``(2) Compliance by contractors.--
       ``(A) Compliance with this section by a contract tower or 
     other contractor of the Administration that maintains covered 
     flight records shall be included as a material term in any 
     contract between the Administration and the contract tower or 
     contractor entered into or renewed on or after the date of 
     enactment of the Pilot's Bill of Rights 2.
       ``(B) Subparagraph (A) shall not apply to any contract or 
     agreement in effect on the date of enactment of the Pilot's 
     Bill of Rights 2 unless the contract or agreement is 
     renegotiated, renewed, or modified after that date.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents for chapter 471 is amended by inserting after the 
     item relating to section 47124 the following:

``47124a. Accessibility of certain flight data.''.

     SEC. 2607. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN 
                   NOTICES.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall revise section 13.11 of title 14, Code of Federal 
     Regulations, to authorize legal counsel of the Federal 
     Aviation Administration to close enforcement actions covered 
     by that section with a warning notice, letter of correction, 
     or other administrative action.

                  TITLE III--AIR SERVICE IMPROVEMENTS

     SEC. 3001. DEFINITIONS.

       In this title:
       (1) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier or a foreign air carrier as those terms 
     are defined in section 40102 of title 49, United States Code.
       (2) Online service.--The term ``online service'' means any 
     service available over the Internet, or that connects to the 
     Internet or a wide-area network.
       (3) Ticket agent.--The term ``ticket agent'' has the 
     meaning given the term in section 40102 of title 49, United 
     States Code.

             Subtitle A--Passenger Air Service Improvements

     SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.

       (a) Review.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     review the categorization of delays and cancellations with 
     respect to air carriers that are required to report such 
     data.
       (2) Considerations.--In conducting the review under 
     paragraph (1), the Secretary shall consider, at a minimum--
       (A) whether delays and cancellations attributed by an air 
     carrier to weather were unavoidable due to an operational or 
     air traffic control issue, or due to the air carrier's 
     preference in determining which flights to delay or cancel 
     during a weather event;
       (B) whether and to what extent delays and cancellations 
     attributed by an air carrier to weather disproportionately 
     impact service to smaller airports and communities; and
       (C) whether it is an unfair or deceptive practice in 
     violation of section 41712 of title 49, United States Code, 
     for an air carrier to inform a passenger that a flight is 
     delayed or cancelled due to weather, without any other 
     context or explanation for the delay or cancellation, when 
     the air carrier has discretion as to which flights to delay 
     or cancel.
       (3) Advisory committee for aviation consumer protection.--
     The Secretary may use the Advisory Committee for Aviation 
     Consumer Protection, established under section 411 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. 
     note), to assist in conducting the review and providing 
     recommendations.
       (b) Report.--Not later than 90 days after the date the 
     review under subsection (a) is complete, the Secretary shall 
     submit to the appropriate committees of Congress a report on 
     the review under subsection (a), including any 
     recommendations.
       (c) Savings Provision.--Nothing in this section shall be 
     construed as affecting the decision of an air carrier to 
     maximize its system capacity during weather-related events to 
     accommodate the greatest number of passengers.

     SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES.

       (a) Review.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     review whether it is an unfair or deceptive practice in 
     violation of section 41712 of title 49, United States Code, 
     for an air carrier to change the itinerary of a passenger, 
     more than 24 hours before departure, if the new itinerary 
     involves additional stops or departs 3 hours earlier or later 
     and compensation or other more suitable air transportation is 
     not offered.
       (2) Advisory committee for aviation consumer protection.--
     The Secretary may use the Advisory Committee for Aviation 
     Consumer Protection, established under section 411 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. 
     note), to assist in conducting the review and providing 
     recommendations.
       (b) Report.--Not later than 90 days after the date the 
     review under subsection (a) is complete, the Secretary shall 
     submit to appropriate committees of Congress a report on the 
     review under subsection (a), including any recommendations.

     SEC. 3103. ADDITIONAL CONSUMER PROTECTIONS.

       Not later than 180 days after the date that the reviews 
     under sections 3101 and 3102 of this Act are complete, the 
     Secretary of Transportation shall issue a supplemental notice 
     of proposed rulemaking to its notice of proposed rulemaking 
     published in the Federal Register on May 23, 2014 (DOT-OST-
     2014-0056) (relating to the transparency of airline ancillary 
     fees and other consumer protection issues) to consider the 
     following:
       (1) Requiring an air carrier to provide notification and 
     refunds or other consideration to a consumer who is impacted 
     by delays or cancellations when an air carrier has a choice 
     as to which flights to cancel or delay during a weather-
     related event.
       (2) Requiring an air carrier to provide notification and 
     refunds or other consideration to a consumer who is impacted 
     by involuntary changes to the consumer's itinerary.

     SEC. 3104. ADDRESSING THE NEEDS OF FAMILIES OF PASSENGERS 
                   INVOLVED IN AIRCRAFT ACCIDENTS.

       (a) Air Carriers Holding Certificates of Public Convenience 
     and Necessity.--Section 41113 is amended--
       (1) in subsection (a), by striking ``a major'' and 
     inserting ``any'';
       (2) in subsection (b)--
       (A) in paragraph (9), by striking ``(and any other victim 
     of the accident)'' and inserting ``(and any other victim of 
     the accident, including any victim on the ground)'';
       (B) in paragraph (16), by striking ``major'' and inserting 
     ``any''; and
       (C) in paragraph (17)(A), by striking ``significant'' and 
     inserting ``any''; and
       (3) by amending subsection (e) to read as follows:
       ``(e) Definitions.--In this section:
       ``(1) `Aircraft accident' means any aviation disaster, 
     regardless of its cause or suspected cause, for which the 
     National Transportation Safety Board is the lead 
     investigative agency.
       ``(2) `Passenger' has the meaning given the term in section 
     1136.''.
       (b) Foreign Air Carriers Providing Foreign Air 
     Transportation.--Section 41313 is amended--
       (1) in subsection (b), by striking ``a major'' and 
     inserting ``any''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``a significant'' and 
     inserting ``any'';
       (B) in paragraph (2), by striking ``a significant'' and 
     inserting ``any'';
       (C) in paragraph (16), by striking ``major'' and inserting 
     ``any''; and
       (D) in paragraph (17)(A), by striking ``significant'' and 
     inserting ``any''.
       (c) National Transportation Safety Board.--Section 1136(a) 
     is amended by striking ``aircraft accident within the United 
     States involving an air carrier or foreign air carrier and 
     resulting in a major loss of life'' and inserting ``aircraft 
     accident involving an air carrier or foreign air carrier, 
     resulting in any loss of life, and for which the National 
     Transportation Safety Board will serve as the lead 
     investigative agency''.

     SEC. 3105. EMERGENCY MEDICAL KITS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall evaluate and revise, as 
     appropriate, the regulations under part 121 of title 14, Code 
     of Federal Regulations, regarding the emergency medical 
     equipment requirements, including the contents of the first-
     aid kit, applicable to all certificate holders operating 
     passenger-carrying airplanes under that part.

[[Page 3771]]

       (b) Considerations.--In carrying out subsection (a), the 
     Administrator shall consider whether the minimum contents of 
     approved emergency medical kits, including approved first-aid 
     kits, include appropriate medications and equipment to meet 
     the emergency medical needs of children, including 
     consideration of an epinephrine auto-injector, as 
     appropriate.

     SEC. 3106. TRAVELERS WITH DISABILITIES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) conduct a study of airport accessibility best practices 
     for individuals with disabilities; and
       (2) submit to the appropriate committees of Congress a 
     report on the study, including the Comptroller General's 
     findings, conclusions, and recommendations.
       (b) Contents.--The study under subsection (a) shall include 
     accessibility best practices beyond those recommended under 
     the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et 
     seq.), Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), 
     Air Carrier Access Act of 1986 (100 Stat. 1080; Public Law 
     99-435), or Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.), that improve infrastructure and 
     communications, such as with regard to wayfinding, amenities, 
     and passenger care.

     SEC. 3107. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION 
                   CONSUMER PROTECTION.

       (a) Termination.--Section 411(h) of the FAA Modernization 
     and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 42301 
     prec. note) is amended by striking ``July 15, 2016'' and 
     inserting ``September 30, 2017''.
       (b) Financial Disclosure.--Section 411 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 42301 prec. note) is further amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting before subsection (i), the following:
       ``(h) Conflict of Interest Disclosure.--Beginning on the 
     date of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, each member of the advisory 
     committee who is not a government employee shall disclose, on 
     an annual basis, any potential conflicts of interest, 
     including financial conflicts of interest, to the Secretary 
     in such form and manner as prescribed by the Secretary.''.
       (c) Recommendations.--Section 411(g) of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 42301 prec. note) is amended--
       (1) by striking ``of the first 2 calendar years beginning 
     after the date of enactment of this Act'' and inserting 
     ``calendar year''; and
       (2) by inserting ``and post on the Department of 
     Transportation Web site'' after ``Congress''.

     SEC. 3108. EXTENSION OF COMPETITIVE ACCESS REPORTS.

       Section 47107(r)(3) is amended by striking ``July 16, 
     2016'' and inserting ``October 1, 2017''.

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue final regulations to require a covered air carrier to 
     promptly provide an automatic refund to a passenger in the 
     amount of any applicable ancillary fees paid if the covered 
     air carrier has charged the passenger an ancillary fee for 
     checked baggage but the covered air carrier fails to deliver 
     the checked baggage to the passenger not later than 6 hours 
     after the arrival of a domestic flight or 12 hours after the 
     arrival of an international flight.
       (b) Exception.--If as part of the rulemaking the Secretary 
     makes a determination on the record that a requirement under 
     subsection (a) is unfeasible and will negatively affect 
     consumers in certain cases, the Secretary may modify 1 or 
     both of the deadlines in that subsection for such cases, 
     except that--
       (1) the deadline relating to a domestic flight may not 
     exceed 12 hours after the arrival of the domestic flight; and
       (2) the deadline relating to an international flight may 
     not exceed 24 hours after the arrival of the international 
     flight.

     SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A 
                   COVERED AIR CARRIER.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation shall promulgate 
     regulations that require each covered air carrier to promptly 
     provide an automatic refund to a passenger of any ancillary 
     fees paid for services that the passenger does not receive, 
     including on the passenger's scheduled flight, on a 
     subsequent replacement itinerary if there has been a 
     rescheduling, or for a flight not taken by the passenger.

     SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue final regulations requiring--
       (1) each covered air carrier to disclose to a consumer the 
     baggage fee, cancellation fee, change fee, ticketing fee, and 
     seat selection fee of that covered air carrier in a 
     standardized format; and
       (2) notwithstanding the manner in which information 
     regarding the fees described in paragraph (1) is collected, 
     each ticket agent to disclose to a consumer such fees of a 
     covered air carrier in the standardized format described in 
     paragraph (1).
       (b) Requirements.--The regulations under subsection (a) 
     shall require that each disclosure--
       (1) if ticketing is done on an Internet Web site or other 
     online service--
       (A) be prominently displayed to the consumer prior to the 
     point of purchase; and
       (B) set forth the fees described in subsection (a)(1) in 
     clear and plain language and a font of easily readable size; 
     and
       (2) if ticketing is done on the telephone, be expressly 
     stated to the consumer during the telephone call and prior to 
     the point of purchase.

     SEC. 3112. SEAT ASSIGNMENTS.

       (a) In General.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete such actions as may be necessary to require each 
     covered air carrier and ticket agent to disclose to a 
     consumer that seat selection for which a fee is charged is an 
     optional service, and that if a consumer does not pay for a 
     seat assignment, a seat will be assigned to the consumer from 
     available inventory at the time the consumer checks in for 
     the flight or prior to departure.
       (b) Requirements.--The disclosure under subsection (a) 
     shall--
       (1) if ticketing is done on an Internet Web site or other 
     online service, be prominently displayed to the consumer on 
     that Internet Web site or online service during the selection 
     of seating or prior to the point of purchase; and
       (2) if ticketing is done on the telephone, be expressly 
     stated to the consumer during the telephone call and prior to 
     the point of purchase.

     SEC. 3113. CHILD SEATING.

       (a) In General.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete such actions as may be necessary to require each 
     covered air carrier and ticket agent to disclose to a 
     consumer that if a reservation includes a child under the age 
     of 13 traveling with an accompanying passenger who is age 13 
     or older--
       (1) whether adjoining seats are available at no additional 
     cost at the time of purchase; and
       (2) if not, what the covered air carrier's policy is for 
     accommodating adjoining seat requests at the time the 
     consumer checks in for the flight or prior to departure.
       (b) Requirements.--The disclosure under subsection (a) 
     shall--
       (1) if ticketing is done on an Internet Web site or other 
     online service, be prominently displayed to the consumer on 
     that Internet Web site or online service during the selection 
     of seating or prior to the point of purchase; and
       (2) if ticketing is done on the telephone, be expressly 
     stated to the consumer during the telephone call and prior to 
     the point of purchase.

     SEC. 3114. CONSUMER COMPLAINT PROCESS IMPROVEMENT.

       (a) In General.--Section 42302 is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (2) by inserting after subsection (a), the following:
       ``(b) Point of Sale.--Each air carrier, foreign air 
     carrier, and ticket agent shall inform each consumer of a 
     carrier service, at the point of sale, that the consumer can 
     file a complaint about that service with the carrier and with 
     the Aviation Consumer Protection Division of the Department 
     of Transportation.'';
       (3) by amending subsection (c), as redesignated, to read as 
     follows:
       ``(c) Internet Web Site or Other Online Service Notice.--
     Each air carrier and foreign air carrier shall include on its 
     Internet Web site, any related mobile device application, and 
     online service--
       ``(1) the hotline telephone number established under 
     subsection (a) or for the Aviation Consumer Protection 
     Division of the Department of Transportation;
       ``(2) an active link and the email address, telephone 
     number, and mailing address of the air carrier or foreign air 
     carrier, as applicable, for a consumer to submit a complaint 
     to the carrier about the quality of service;
       ``(3) notice that the consumer can file a complaint with 
     the Aviation Consumer Protection Division of the Department 
     of Transportation;
       ``(4) an active link to the Internet Web site of the 
     Aviation Consumer Protection Division of the Department of 
     Transportation for a consumer to file a complaint; and
       ``(5) the active link described in paragraph (2) on the 
     same Internet Web site page as the active link described in 
     paragraph (4).''; and
       (4) in subsection (d), as redesignated--
       (A) in the matter preceding paragraph (1), by striking ``An 
     air carrier or foreign air carrier providing scheduled air 
     transportation using any aircraft that as originally designed 
     has a passenger capacity of 30 or more passenger seats'' and 
     inserting ``Each air carrier and foreign air carrier'';
       (B) in paragraph (1), by striking ``air carrier'' and 
     inserting ``carrier''; and

[[Page 3772]]

       (C) in paragraph (2), by striking ``air carrier'' and 
     inserting ``carrier''.
       (b) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     promulgate regulations to implement the requirements of 
     section 42302 of title 49, United States Code, as amended.

     SEC. 3115. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION 
                   INFORMATION.

       (a) Internet Web Site.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall--
       (1) complete an evaluation of the aviation consumer 
     protection portion of the Department of Transportation's 
     public Internet Web site to identify any changes to the user 
     interface that will improve usability, accessibility, 
     consumer satisfaction, and Web site performance;
       (2) in completing the evaluation under paragraph (1)--
       (A) consider the best practices of other Federal agencies 
     with effective Web sites; and
       (B) consult with the Federal Web Managers Council;
       (3) develop a plan, including an implementation timeline, 
     for--
       (A) making the changes identified under paragraph (1); and
       (B) making any necessary changes to that portion of the Web 
     site that will enable a consumer--
       (i) to access information regarding each complaint filed 
     with the Aviation Consumer Protection Division of the 
     Department of Transportation;
       (ii) to search the complaints described in clause (i) by 
     the name of the air carrier, the dates of departure and 
     arrival, the airports of origin and departure, and the type 
     of complaint; and
       (iii) to determine the date a complaint was filed and the 
     date a complaint was resolved; and
       (4) submit the evaluation and plan to appropriate 
     committees of Congress.
       (b) Mobile Application Software.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall--
       (1) implement a program to develop application software for 
     wireless devices that will enable a user to access 
     information and perform activities related to aviation 
     consumer protection, such as--
       (A) information regarding airline passenger protections, 
     including protections related to lost baggage and baggage 
     fees, disclosure of additional fees, bumping, cancelled or 
     delayed flights, damaged or lost baggage, and tarmac delays; 
     and
       (B) file an aviation consumer complaint, including a safety 
     and security, airline service, disability and discrimination, 
     or privacy complaint, with the Aviation Consumer Protection 
     Division of the Department of Transportation; and
       (2) make the application software available to the public 
     at no cost.

     SEC. 3116. STUDY ON IN CABIN WHEELCHAIR RESTRAINT SYSTEMS.

       Not later than 2 years after the date of enactment of this 
     Act, the Architectural and Transportation Barriers Compliance 
     Board, in consultation with the Secretary of Transportation, 
     shall conduct a study to determine the ways in which 
     particular individuals with significant disabilities who use 
     wheelchairs, including power wheelchairs, can be accommodated 
     through in cabin wheelchair restraint systems.

     SEC. 3117. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS 
                   WITH DISABILITIES.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report describing--
       (1) each air carrier's training policy for its personnel 
     and contractors regarding assistance for persons with 
     disabilities, as required by Department of Transportation 
     regulations;
       (2) any variations among the air carriers in the policies 
     described in paragraph (1);
       (3) how the training policies are implemented to meet the 
     Department of Transportation regulations;
       (4) how frequently an air carrier must train new employees 
     and contractors due to turnover in positions that require 
     such training;
       (5) how frequently, in the prior 10 years, the Department 
     of Transportation has requested, after reviewing a training 
     policy, that an air carrier take corrective action; and
       (6) the action taken by an air carrier under paragraph (5).
       (b) Best Practices.--After the date the report is submitted 
     under subsection (a), the Secretary of Transportation, based 
     on the findings of the report, shall develop and disseminate 
     to air carriers such best practices as the Secretary 
     considers necessary to improve the training policies.

     SEC. 3118. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF 
                   PASSENGERS WITH DISABILITIES.

       (a) Establishment.--The Secretary of Transportation shall 
     establish an advisory committee for the air travel needs of 
     passengers with disabilities (referred to in this section as 
     the ``Advisory Committee'').
       (b) Duties.--The Advisory Committee shall advise the 
     Secretary with regard to the implementation of the Air 
     Carrier Access Act of 1986 (Public Law 99-435; 100 Stat. 
     1080), including--
       (1) assessing the disability-related access barriers 
     encountered by passengers with disabilities;
       (2) determining the extent to which the programs and 
     activities of the Department of Transportation are addressing 
     the barriers described in paragraph (1);
       (3) recommending improvements to the air travel experience 
     of passengers with disabilities; and
       (4) such activities as the Secretary considers necessary to 
     carry out this section.
       (c) Membership.--
       (1) In general.--The Advisory Committee shall be comprised 
     of at least 1 representative of each of the following groups:
       (A) Passengers with disabilities.
       (B) National disability organizations.
       (C) Air carriers.
       (D) Airport operators.
       (E) Contractor service providers.
       (2) Appointment.--The Secretary of Transportation shall 
     appoint each member of the Advisory Committee.
       (3) Vacancies.--A vacancy in the Advisory Committee shall 
     be filled in the manner in which the original appointment was 
     made.
       (d) Chairperson.--The Secretary of Transportation shall 
     designate, from among the members appointed under subsection 
     (c), an individual to serve as chairperson of the Advisory 
     Committee.
       (e) Travel Expenses.--Members of the advisory committee 
     shall serve without pay, but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     subchapter I of chapter 57 of title 5, United States Code.
       (f) Reports.--
       (1) In general.--Not later than February 1 of each year, 
     the Advisory Committee shall submit to the Secretary of 
     Transportation a report on the needs of passengers with 
     disabilities in air travel, including--
       (A) an assessment of disability-related access barriers, 
     both those that were evident in the preceding year and those 
     that will likely be an issue in the next 5 years;
       (B) an evaluation of the extent to which the Department of 
     Transportation's programs and activities are eliminating 
     disability-related access barriers;
       (C) a description of the Advisory Committee's actions 
     during the prior calendar year;
       (D) a description of activities that the Advisory Committee 
     proposed to undertake in the succeeding calendar year; and
       (E) any recommendations for legislation, administrative 
     action, or other action that the Advisory Committee considers 
     appropriate.
       (2) Report to congress.--Not later than 60 days after the 
     date the Secretary receives the report under subparagraph 
     (A), the Secretary shall submit to Congress a copy of the 
     report, including any additional findings or recommendations 
     that the Secretary considers appropriate.
       (g) Termination.--The Advisory Committee shall terminate 2 
     years after the date of enactment of this Act.

     SEC. 3119. REPORT ON COVERED AIR CARRIER CHANGE, 
                   CANCELLATION, AND BAGGAGE FEES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of existing airline industry 
     change, cancellation, and bag fees and the current industry 
     practice for handling changes to or cancellation of ticketed 
     travel on covered air carriers.
       (b) Considerations.--In conducting the study, the 
     Comptroller General shall consider, at a minimum--
       (1) whether and how each covered air carrier calculates its 
     change fees, cancellation fees, and bag fees; and
       (2) the relationship between the cost of the ticket and the 
     date of change or cancellation as compared to the date of 
     travel.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     study, including the Comptroller General's findings, 
     conclusions, and recommendations.

     SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to consider and evaluate 
     Department of Transportation enforcement of aviation consumer 
     protection rules.
       (b) Contents.--The study under subsection (a) shall include 
     an evaluation of--
       (1) available enforcement mechanisms;
       (2) any obstacles to enforcement; and
       (3) trends in Department of Transportation enforcement 
     actions.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     study, including the Comptroller General's findings, 
     conclusions, and recommendations.

     SEC. 3121. DIMENSIONS FOR PASSENGER SEATS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the

[[Page 3773]]

     Secretary of Transportation shall initiate a proceeding to 
     study the minimum seat pitch for passenger seats on aircraft 
     operated by air carriers (as defined in section 40102 of 
     title 49, United States Code).
       (b) Considerations.--In reviewing any minimum seat pitch 
     under subsection (a), the Secretary shall consider the safety 
     of passengers, including passengers with disabilities.

     SEC. 3122. CELL PHONE VOICE COMMUNICATIONS.

       (a) In General.--Subchapter I of chapter 417, as amended by 
     section 2307 of this Act, is further amended by adding at the 
     end the following:

     ``Sec. 41726. Cell phone voice communications

       ``(a) Prohibition Authority.--The Secretary of 
     Transportation may issue regulations--
       ``(1) to prohibit an individual on an aircraft from 
     engaging in voice communications using a mobile 
     communications device during a flight of that aircraft in 
     scheduled passenger interstate or intrastate air 
     transportation; and
       ``(2) that exempt from the prohibition described in 
     paragraph (1)--
       ``(A) any member of the flight crew on duty on an aircraft;
       ``(B) any flight attendant on duty on an aircraft; and
       ``(C) any Federal law enforcement officer acting in an 
     official capacity.
       ``(b) Definitions.--In this section:
       ``(1) Flight.--The term `flight' means, with respect to an 
     aircraft, the period beginning when the aircraft takes off 
     and ending when the aircraft lands.
       ``(2) Mobile communications device.--
       ``(A) In general.--The term `mobile communications device' 
     means any portable wireless telecommunications equipment 
     utilized for the transmission or reception of voice data.
       ``(B) Limitation.--The term `mobile communications device' 
     does not include a phone installed on an aircraft.''.
       (b) Table of Contents.--The table of contents at the 
     beginning of chapter 417, as amended by section 2307 of this 
     Act, is further amended by inserting after the item relating 
     to section 41725 the following:

``41726. Cell phone voice communications.''.

     SEC. 3123. AVAILABILITY OF SLOTS FOR NEW ENTRANT AIR CARRIERS 
                   AT NEWARK LIBERTY INTERNATIONAL AIRPORT.

       (a) Definitions.--The terms ``new entrant air carrier'' and 
     ``slot'' have the meanings given those terms in section 
     41714(h) of title 49, United States Code.
       (b) Slots for New Entrant Air Carriers.--The Secretary 
     shall, annually, by granting exemptions from the requirements 
     under part 93 of title 14, Code of Federal Regulations, or by 
     other means, make not less than 8 slots at Newark Liberty 
     International Airport available to enable new entrant air 
     carriers to provide air transportation.
       (c) Applicability.--Subsection (a) shall not apply in any 
     year--
       (1) new entrant air carriers operate 5 percent or more of 
     the total number of slots at Newark Liberty International 
     Airport; or
       (2) the Secretary makes a determination that making slots 
     available to enable new entrant air carriers to provide air 
     transportation at that airport is not in the public interest 
     and doing so would significantly increase operational delays.
       (d) Report to Congress.--The Secretary shall notify the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives not later than 14 calendar 
     days after the date a determination is made under subsection 
     (c)(2), including the reasons for that determination.

                   Subtitle B--Essential Air Service

     SEC. 3201. ESSENTIAL AIR SERVICE.

       (a) Authorization Extension.--Section 41742(a) is amended--
       (1) in paragraph (2), by striking ``$150,000,000'' and all 
     that follows though ``July 15, 2016'' and inserting 
     ``$155,000,000 for each of fiscal years 2016 through 2017''; 
     and
       (2) by striking paragraph (3).
       (b) Definitions.--Section 41731(a)(1)(A) is amended by 
     striking clause (ii) and inserting the following:
       ``(ii) was determined, on or after October 1, 1988, and 
     before December 1, 2012, under this subchapter by the 
     Secretary of Transportation to be eligible to receive 
     subsidized small community air service under section 
     41736(a);''.
       (c) Seasonal Service.--The Secretary of Transportation may 
     consider the flexibility of current operational dates and 
     airport accessibility to meet local community needs when 
     issuing requests for proposal of essential air service at 
     seasonal airports.

     SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM.

       (a) Extension of Authorization.--Section 41743(e)(2) is 
     amended to read as follows:
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary $10,000,000 for each of 
     fiscal years 2016 through 2017 to carry out this section. 
     Such sums shall remain available until expended.''.
       (b) Eligibility.--Section 41743(c)(1) is amended to read as 
     follows:
       ``(1) Size.--On the date of the most recent notice of order 
     soliciting community proposals issued by the Secretary under 
     this section, the airport serving the community or 
     consortium--
       ``(A) was not larger than a small hub airport, as 
     determined using the Department of Transportation's most 
     recent published classification; and
       ``(B)(i) had insufficient air carrier service; or
       ``(ii) had unreasonably high air fares.''.

     SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS.

       (a) In General.--Section 41743(c)(4) is amended--
       (1) by inserting ``(B) Same projects.--'' before the second 
     sentence and indenting appropriately;
       (2) by inserting ``(A) In general.--'' before the first 
     sentence and indenting appropriately;
       (3) in subparagraph (B), as designated by this subsection, 
     by striking ``No community'' and inserting ``Except as 
     provided in subparagraph (C)''; and
       (4) by adding at the end the following:
       ``(C) Exception.--The Secretary may waive the limitation 
     under subparagraph (B) related to projects that are the same 
     if the Secretary determines that the community or consortium 
     spent little or no money on its previous project or 
     encountered industry or environmental challenges, due to 
     circumstances that were reasonably beyond the control of the 
     community or consortium.''.
       (b) Authority to Make Agreements.--Section 41743(e)(1) is 
     amended by adding at the end the following: ``The Secretary 
     may amend the scope of a grant agreement at the request of 
     the community or consortium and any participating air 
     carrier, and may limit the scope of a grant agreement to only 
     the elements using grant assistance or to only the elements 
     achieved, if the Secretary determines that the amendment is 
     reasonably consistent with the original purpose of the 
     project.''.

     SEC. 3204. WAIVERS.

       Section 41732 is amended by adding at the end the 
     following:
       ``(c) Waivers.--Notwithstanding section 41733(e), upon 
     request by an eligible place, the Secretary may waive, in 
     whole or in part, subsections (a) and (b) of this section or 
     subsections (a) through (c) of section 41734. A waiver issued 
     under this subsection shall remain in effect for a limited 
     period of time, as determined by the Secretary.''.

     SEC. 3205. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL 
                   COMMUNITIES.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Administrator of the Federal Aviation Administration 
     shall establish a working group--
       (1) to identify obstacles to attracting and maintaining air 
     transportation service to and from small communities; and
       (2) to develop recommendations for maintaining and 
     improving air transportation service to and from small 
     communities.
       (b) Outreach.--In carrying out the requirements under 
     paragraphs (1) and (2) of subsection (a), the working group 
     shall consult with--
       (1) interested Governors;
       (2) representatives of State and local agencies, and other 
     officials and groups, representing rural States and other 
     rural areas;
       (3) other representatives of relevant State and local 
     agencies; and
       (4) members of the public with experience in aviation 
     safety, pilot training, economic development, and related 
     issues.
       (c) Considerations.--In carrying out the requirements under 
     paragraphs (1) and (2) of subsection (a), the working group 
     shall--
       (1) consider whether funding for, and terms of, current or 
     potential new programs is sufficient to help ensure 
     continuation of or improvement to air transportation service 
     to small communities, including the Essential Air Service 
     Program and the Small Community Air Service Development 
     Program;
       (2) identify initiatives to help support pilot training to 
     provide air transportation service to small communities;
       (3) consider whether Federal funding for airports serving 
     small communities, including airports that have lost air 
     transportation services or had decreased enplanements in 
     recent years, is adequate to ensure that small communities 
     have access to quality, affordable air transportation 
     service;
       (4) consider potential improvements in pilot training and 
     any constraints affecting pilot career pathways that, if 
     addressed, would increase both aviation safety and pilot 
     supply;
       (5) identify innovative State or local efforts that have 
     established public-private partnerships that are successful 
     in attracting and retaining air transportation service in 
     small communities; and
       (6) consider such other issues as the Secretary and 
     Administrator consider appropriate.
       (d) Composition.--
       (1) In general.--The working group shall be facilitated 
     through the Administrator or the Administrator's designee.
       (2) Membership.--Members of the working group shall be 
     appointed by the Administrator and shall include 
     representatives of--
       (A) State and local government, including State and local 
     aviation officials;

[[Page 3774]]

       (B) State Governors;
       (C) aviation safety experts;
       (D) economic development officials; and
       (E) the traveling public from small communities.
       (e) Report and Recommendations.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary and 
     the Administrator shall submit to the appropriate committees 
     of Congress a report, including--
       (1) a summary of the views expressed by the participants in 
     the outreach under subsection (b);
       (2) a description of the working group's findings, 
     including the identification of any areas of general 
     consensus among the non-Federal participants in the outreach 
     under subsection (b); and
       (3) any recommendations for legislative or regulatory 
     action that would assist in maintaining and improving air 
     transportation service to and from small communities.

                 TITLE IV--NEXTGEN AND FAA ORGANIZATION

     SEC. 4001. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' means the 
     Federal Aviation Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (3) ADS-B.--The term ``ADS-B'' means automatic dependent 
     surveillance-broadcast.
       (4) ADS-B out.--The term ``ADS-B Out'' means automatic 
     dependent surveillance-broadcast with the ability to transmit 
     information from the aircraft to ground stations and to other 
     equipped aircraft.
       (5) Nextgen.--The term ``NextGen'' means the Next 
     Generation Air Transportation System.

         Subtitle A--Next Generation Air Transportation System

     SEC. 4101. RETURN ON INVESTMENT ASSESSMENT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the 
     Administrator's assessment of each NextGen program.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an estimate of the date that each NextGen program will 
     have a positive return on investment;
       (2) an assessment of the impacts of each such program for--
       (A) the Federal Government; and
       (B) the users of the national airspace system;
       (3) a description of how each such program directly 
     contributes to a more safe and efficient air traffic control 
     system; and
       (4) the status of NextGen programs and of the projected 
     return on investment for each such program.
       (c) NextGen Priority List.--Based on the assessment under 
     subsection (a) the Administrator shall--
       (1) develop, in coordination with the NextGen Advisory 
     Committee and considering the need for a balance between 
     long-term and near-term user benefits, a prioritization of 
     each NextGen program;
       (2) include the priority list in the report under 
     subsection (b); and
       (3) prepare budget submissions to reflect the current 
     status of NextGen programs and projected returns on 
     investment for each program.
       (d) Definitions.--In this section:
       (1) Key milestones.--The term ``key milestones'' includes 
     cost and deployment schedule, and benefits anticipated in the 
     most recent baseline.
       (2) Return on investment.--The term ``return on 
     investment'' means the cost associated with technologies that 
     are required by law or policy as compared to the benefits 
     derived from such technologies by a government or a user of 
     airspace.
       (e) Repeal of NextGen Priorities.--Section 202 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note) and the item relating to that section in 
     the table of contents under section 1(b) of that Act are 
     repealed.

     SEC. 4102. ENSURING FAA READINESS TO USE NEW TECHNOLOGY.

       (a) In General.--Not later than December 31, 2017, the 
     Administrator shall--
       (1) ensure the capability of the Administration to receive 
     space-based ADS-B data; and
       (2) use the data described under paragraph (1) to provide 
     positive air traffic control, including separation of 
     aircraft over the oceans and other specific regions not 
     covered by radar.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, and biannually thereafter until the 
     date that the Administrator certifies that the Administration 
     has the capability to receive space-based ADS-B data, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report that--
       (1) details the actions the Administrator has taken to 
     ensure 2018 readiness and usage;
       (2) details the actions that remain to be taken to 
     implement such capability;
       (3) includes a schedule for expected completion of each 
     outstanding action described in paragraph (2); and
       (4) includes a detailed description of the investment 
     decisions and requests for funding made by the Administrator 
     that are consistent with the terrestrial ADS-B implementation 
     to ensure a sustained program beyond 2018.
  


     SEC. 4103. NEXTGEN ANNUAL PERFORMANCE GOALS.

       (a) Annual Performance Goals.--Section 214 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Annual Performance Goals.--The Administrator shall 
     establish annual NextGen performance goals for each of the 
     performance metrics set forth in subsection (a) to meet the 
     performance metric baselines identified under subsection (b). 
     Such goals shall be consistent with the annual performance 
     objectives established by the senior policy committee 
     (commonly known as the `NextGen Advisory Committee') 
     established under section 710 of the Vision 100--Century of 
     Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 
     40101 note).''.
       (b) NextGen Metrics Report.--Section 710(e)(2) of the 
     Vision 100--Century of Aviation Reauthorization Act (Public 
     Law 108-176; 49 U.S.C. 40101 note) is amended--
       (1) in subparagraph (D), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) a description of the progress made in meeting the 
     annual NextGen performance goals relative to the performance 
     metrics established under section 214 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).''.
       (c) Chief NextGen Officer.--Section 106(s)(3) is amended--
       (1) in paragraph (2)(B), by adding at the end the 
     following: ``In evaluating the performance of the Chief 
     NextGen Officer for the purpose of awarding a bonus under 
     this subparagraph, the Administrator shall consider the 
     progress toward meeting the NextGen performance goals 
     established pursuant to section 214(d) of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).''; and
       (2) in paragraph (3), by adding at the end the following: 
     ``The annual performance goals set forth in the agreement 
     shall include quantifiable NextGen airspace performance 
     objectives regarding efficiency, productivity, capacity, and 
     safety, which shall be established by the senior policy 
     committee (commonly known as the `NextGen Advisory 
     Committee') established under section 710 of the Vision 100--
     Century of Aviation Reauthorization Act (Public Law 108-176; 
     49 U.S.C. 40101 note).''.

     SEC. 4104. FACILITY OUTAGE CONTINGENCY PLANS.

       (a) Findings.--Congress makes the following findings:
       (1) On September 26, 2014, an Administration contract 
     employee deliberately started a fire that destroyed critical 
     equipment at the Administration's Chicago Air Route Traffic 
     Control Center (referred to in this section as the ``Chicago 
     Center'') in Aurora, Illinois.
       (2) As a result of the damage, Chicago Center was unable to 
     control air traffic for more than 2 weeks, thousands of 
     flights were delayed or cancelled into and out of O'Hare 
     International Airport and Midway Airport in Chicago, and 
     aviation stakeholders and airlines reportedly lost over 
     $350,000,000.
       (3) According to the Office of the Inspector General of the 
     Department of Transportation, the fire at Chicago Center 
     demonstrated that the Administration's contingency plans for 
     the Chicago Center and the airspace it controls do not ensure 
     redundancy and resiliency for sustained operations.
       (4) Further, the Inspector General found that Chicago 
     Center incident highlighted the limited flexibility and lack 
     of resiliency in critical elements of the Administration's 
     current air traffic control infrastructure, including limited 
     communication capacity and the inability to easily transfer 
     control of airspace and flight plans.
       (b) Comprehensive Contingency Plan.--Not later than 180 
     days after the date of enactment of this Act, the 
     Administrator shall update the Administration's comprehensive 
     contingency plan to address potential air traffic facility 
     outages that could have a major impact on operation of the 
     national airspace system.
       (c) Report.--Not later than 60 days after the date the plan 
     is updated under subsection (b), the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the update, including any recommendations for ensuring air 
     traffic facility outages do not have a major impact on 
     operation of the national airspace system.

     SEC. 4105. ADS-B MANDATE ASSESSMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The Administration's ADS-B program is expected to be 
     the centerpiece of the NextGen effort at the Administration, 
     but the satellite-based system faces uncertainty and 
     controversy.

[[Page 3775]]

       (2) In May 2010, the Administration published a final rule 
     that mandated airspace users be equipped with ADS-B Out 
     avionics by January 1, 2020.
       (3) Subsequently, in April 2015, the Administration 
     announced completion of the ADS-B ground-based radio 
     infrastructure. However, the ADS-B program faces considerable 
     uncertainty and unanswered questions about whether or not the 
     2020 mandate is still meaningful.
       (4) In 2014, the Office of the Inspector General found that 
     while ADS-B is providing benefits where radar is limited or 
     nonexistent in places such as the Gulf of Mexico, the system 
     is providing only limited initial services to pilots and air 
     traffic controllers in domestic airspace.
       (5) The Office of the Inspector General also found, in 
     2014, that all elements of the system, such as avionics, the 
     ground infrastructure, and controller automation systems, had 
     not yet been tested in combination to determine if the 
     overall system can be used in congested airspace and perform 
     as well as existing radar, much less allow aircraft to fly 
     closer together. This is referred to as ``end-to-end 
     testing.''
       (6) When this report was issued, commercial and general 
     aviation stakeholders voiced serious concerns that equipping 
     with new avionics for the 2020 mandate will be difficult due 
     to the cost and limited availability of avionics, and 
     capacity of certified repair stations to install avionics.
       (b) Assessment.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall assess--
       (1) Administration and industry readiness to meet the ADS-B 
     mandate by 2020;
       (2) changes to ADS-B program since May 2010; and
       (3) additional options to comply with the mandate and 
     consequences, both for individual system users and for the 
     overall safety and efficiency of the national airspace 
     system, for noncompliance.
       (c) Report.--Not later than 60 days after the date the 
     assessment under subsection (b) is complete, the Inspector 
     General of the Department of Transportation shall submit to 
     the appropriate committees of Congress a report on the 
     progress made toward meeting the ADS-B mandate by 2020, 
     including any recommendations of the Inspector General to 
     carry out such mandate.

     SEC. 4106. NEXTGEN INTEROPERABILITY.

       (a) In General.--To implement a more effective 
     international strategy for achieving NextGen interoperability 
     with foreign countries, the Administrator shall take the 
     following actions:
       (1) Conduct a gap analysis to identify potential risks to 
     NextGen interoperability with other Air Navigation Service 
     Providers and establish a schedule for periodically 
     reevaluating such risks.
       (2) Develop a plan that identifies and documents actions 
     the Administrator will undertake to mitigate such risks, 
     using information from the gap analysis as a basis for making 
     management decisions about how to allocate resources for such 
     actions.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the analysis 
     conducted under paragraph (1) of subsection (a) and on the 
     actions the Administrator has taken under paragraph (2) of 
     such subsection.

     SEC. 4107. NEXTGEN TRANSITION MANAGEMENT.

       (a) In General.--The Administrator shall--
       (1) identify and analyze technical and operational maturity 
     gaps in NextGen transition and implementation plans; and
       (2) develop a plan to mitigate the gaps identified in 
     paragraph (1).
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the actions 
     taken to carry out the plan required by subsection (a)(2).

     SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL 
                   IMPROVEMENTS.

       (a) In General.--To help ensure that NextGen operational 
     improvements are fully implemented in the midterm, the 
     Administrator shall--
       (1) work with airlines and other users of the national 
     airspace system (referred to in this section as ``NAS'') to 
     develop and implement a system to systematically track the 
     use of existing performance based navigation (referred to in 
     this section as ``PBN'') procedures;
       (2) require consideration of other key operational 
     improvements in planning for NextGen improvements, including 
     identifying additional metroplexes for PBN projects, non-
     metroplex PBN procedures, as well as the identification of 
     unused flight routes for decommissioning;
       (3) develop and implement guidelines for ensuring timely 
     inclusion of appropriate stakeholders, including airport 
     representatives, in the planning and implementation of 
     NextGen improvement efforts; and
       (4) assure that NextGen planning documents provide 
     stakeholders information on how and when operational 
     improvements are expected to achieve NextGen goals and 
     targets.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements of subsection (a), 
     and on the schedule and process that will be used to 
     implement PBN at additional airports, including information 
     on how the Administration will partner and coordinate with 
     private industry to ensure expeditious implementation of 
     performance based navigation.

     SEC. 4109. CYBERSECURITY.

       (a) In General.--The Administrator shall--
       (1) identify and implement ways to better incorporate 
     cybersecurity measures as a systems characteristic at all 
     levels and phases of the architecture and design of air 
     traffic control programs, including NextGen programs;
       (2) develop a threat model that will identify 
     vulnerabilities to better focus resources to mitigate 
     cybersecurity risks;
       (3) develop an appropriate plan to mitigate cybersecurity 
     risk, to respond to an attack, intrusion, or otherwise 
     unauthorized access and to adapt to evolving cybersecurity 
     threats; and
       (4) foster a cybersecurity culture throughout the 
     Administration, including air traffic control programs and 
     relevant contractors.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4110. DEFINING NEXTGEN.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) assess how the line items included in the 
     Administration's NextGen budget request relate to the goals 
     and expected outcomes of NextGen, including how NextGen 
     programs directly contribute to a measurably safer and more 
     efficient air traffic control system; and
       (2) submit to the appropriate committees of Congress a 
     report on the results of the assessment under paragraph (1), 
     including any recommendations for the removal of line items 
     that do not pertain to the overall vision for NextGen.

     SEC. 4111. HUMAN FACTORS.

       (a) In General.--In order to avoid having to subsequently 
     modify products and services developed as a part of NextGen, 
     the Administrator shall--
       (1) recognize and incorporate, in early design phases of 
     all relevant NextGen programs, the human factors and 
     procedural and airspace implications of stated goals and 
     associated technical changes; and
       (2) ensure that a human factors specialist, separate from 
     the research and certification groups, is directly involved 
     with the NextGen approval process.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4112. MAJOR ACQUISITION REPORTS.

       (a) In General.--The Administrator shall evaluate the 
     current acquisition practices of the Administration to ensure 
     that such practices--
       (1) identify the current estimated costs for each 
     acquisition system, including all segments;
       (2) separately identify cumulative amounts for acquisition 
     costs, technical refresh, and other enhancements in order to 
     identify the total baselined and re-baselined costs for each 
     system; and
       (3) account for the way funds are being used when reporting 
     to managers, Congress, and other stakeholders.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4113. EQUIPAGE MANDATES.

       (a) In General.--Before NextGen-related equipage mandates 
     are imposed on users of the national airspace system, the 
     Administrator, in collaboration with all relevant 
     stakeholders, shall--
       (1) provide a statement of estimated cost and benefits that 
     is based upon mature and stable technical specifications; and
       (2) create a schedule for Administration deliverables and 
     investments by both users and the Administration, including 
     for procedure and airspace design, infrastructure deployment, 
     and training.

     SEC. 4114. WORKFORCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall--
       (1) identify and assess barriers to attracting, developing, 
     training, and retaining a talented workforce in the areas of 
     systems engineering, architecture, systems integration, 
     digital communications, and cybersecurity;
       (2) develop a comprehensive plan to attract, develop, 
     train, and retain talented individuals; and
       (3) identify the resources needed to attract, develop, and 
     retain this talent.
       (b) Report.--The Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward

[[Page 3776]]

     implementing the requirements under subsection (a).

     SEC. 4115. ARCHITECTURAL LEADERSHIP.

       (a) In General.--In order to provide an adequate technical 
     foundation for steering NextGen's technical governance and 
     managing inevitable changes in technology and operations, the 
     Administrator shall--
       (1) develop a plan that--
       (A) uses an architecture leadership community and an 
     effective governance approach to assure a proper balance 
     between documents and artifacts and to provide high-level 
     guidance;
       (B) enables effective management and communication of 
     dependencies;
       (C) provides flexibility and the ability to evolve to 
     ensure accommodation of future needs; and
       (D) communicates changing circumstances in order to align 
     agency and airspace user expectations;
       (2) determine the feasibility of conducting a small number 
     of experiments among the Administration's system integration 
     partners to prototype candidate solutions for establishing 
     and managing a vibrant architectural community; and
       (3) develop a method to initiate, grow, and engage a 
     capable architecture community, from both within and outside 
     of the Administration, who will expand the breadth and depth 
     of expertise that is steering architectural changes.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4116. PROGRAMMATIC RISK MANAGEMENT.

       (a) In General.--To better inform the Administration's 
     decisions regarding the prioritization of efforts and 
     allocation of resources for NextGen, the Administrator 
     shall--
       (1) solicit input from specialists in probability and 
     statistics to identify and prioritize the programmatic and 
     implementation risks to NextGen; and
       (2) develop a method to manage and mitigate the risks 
     identified in paragraph (1).
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4117. NEXTGEN PRIORITIZATION.

       The Administrator shall consider expediting NextGen 
     modernization implementation projects at public use airports 
     that share airspace with active military training ranges and 
     do not have radar coverage where such implementation would 
     improve the safety of aviation operations.

         Subtitle B--Administration Organization and Employees

     SEC. 4201. COST-SAVING INITIATIVES.

       (a) In General.--To ensure that Administration initiatives 
     are being implemented in a timely and fiscally responsible 
     manner, the Administrator shall--
       (1) identify and implement agencywide cost-saving 
     initiatives; and
       (2) develop appropriate schedules and metrics to measure 
     whether the initiatives are successful in reducing costs.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the progress 
     made toward implementing the requirements under subsection 
     (a).

     SEC. 4202. TREATMENT OF ESSENTIAL EMPLOYEES DURING FURLOUGHS.

       (a) Definition of Essential Employee.--In this section, the 
     term ``essential employee'' means an employee of the 
     Administration who performs work involving the safety of 
     human life or the protection of property, as determined by 
     the Administrator.
       (b) In General.--In implementing spending reductions under 
     Federal law, the Administrator may furlough 1 or more 
     employees of the Administration, except an essential 
     employee, if the Administrator determines the furlough is 
     necessary to achieve the required spending reductions.
       (c) Transfer of Budgetary Resources.--The Administrator may 
     transfer budgetary resources within the Administration to 
     carry out subsection (b), except that the transfer may only 
     be made to maintain essential employees.

     SEC. 4203. CONTROLLER CANDIDATE INTERVIEWS.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall require that 
     an in-person interview be conducted with each individual 
     applying for an air traffic control specialist position 
     before that individual may be hired to fill that position.
       (b) Guidance.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator shall establish 
     guidelines regarding the in-person interview process 
     described in subsection (a).

     SEC. 4204. HIRING OF AIR TRAFFIC CONTROLLERS.

       (a) In General.--Section 44506 is amended by adding at the 
     end the following:
       ``(f) Hiring of Certain Air Traffic Control Specialists.--
       ``(1) Consideration of applicants.--
       ``(A) Ensuring selection of most qualified applicants.--In 
     appointing individuals to the position of air traffic 
     controllers, the Administrator shall give preferential 
     consideration to qualified individuals maintaining 52 
     consecutive weeks of air traffic control experience involving 
     the full-time active separation of air traffic after receipt 
     of an air traffic certification or air traffic control 
     facility rating within 5 years of application while serving 
     at--
       ``(i) a Federal Aviation Administration air traffic control 
     facility;
       ``(ii) a civilian or military air traffic control facility 
     of the Department of Defense; or
       ``(iii) a tower operating under contract with the Federal 
     Aviation Administration under section 47124 of this title.
       ``(B) Consideration of additional applicants.--The 
     Administrator shall consider additional applicants for the 
     position of air traffic controller by referring an 
     approximately equal number of employees for appointment among 
     the 2 applicant pools. The number of employees referred for 
     consideration from each group shall not differ by more than 
     10 percent.
       ``(i) Pool one.--Applicants who:

       ``(I) have successfully completed air traffic controller 
     training and graduated from an institution participating in 
     the Collegiate Training Initiative program maintained under 
     subsection (c)(1) who have received from the institution--

       ``(aa) an appropriate recommendation; or
       ``(bb) an endorsement certifying that the individual would 
     have met the requirements in effect as of December 31, 2013, 
     for an appropriate recommendation;

       ``(II) are eligible for a veterans recruitment appointment 
     pursuant to section 4214 of title 38, United States Code, and 
     provide a Certificate of Release or Discharge from Active 
     Duty within 120 days of the announcement closing;
       ``(III) are eligible veterans (as defined in section 4211 
     of title 38, United States Code) maintaining aviation 
     experience obtained in the course of the individual's 
     military experience; or
       ``(IV) are preference eligible veterans (as defined in 
     section 2108 of title 5, United States Code).

       ``(ii) Pool two.--Applicants who apply under a vacancy 
     announcement recruiting from all United States citizens.
       ``(2) Use of biographical assessments.--
       ``(A) Biographical assessments.--The Administration shall 
     not use any biographical assessment when hiring under 
     subparagraph (A) or subparagraph (B)(i) of paragraph (1).
       ``(B) Reconsideration of applicants disqualified on the 
     basis of biographical assessments.--
       ``(i) In general.--If an individual described in 
     subparagraph (A) or subparagraph (B)(i) of paragraph (1) who 
     applied for the position of air traffic controller with the 
     Administration in response to Vacancy Announcement FAA-AMC-
     14-ALLSRCE-33537 (issued on February 10, 2014) and was 
     disqualified from the position as the result of a 
     biographical assessment, the Administrator shall provide the 
     applicant an opportunity to reapply as soon as practicable 
     for the position under the revised hiring practices.
       ``(ii) Waiver of age restriction.--The Administrator shall 
     waive any maximum age restriction for the position of air 
     traffic controller with the Administration that would 
     otherwise disqualify an individual from the position if the 
     individual--

       ``(I) is reapplying for the position pursuant to clause (i) 
     on or before December 31, 2017; and
       ``(II) met the maximum age requirement on the date of the 
     individual's previous application for the position during the 
     interim hiring process.

       ``(3) Maximum entry age for experienced controllers.--
     Notwithstanding section 3307 of title 5, United States Code, 
     the maximum limit of age for an original appointment to a 
     position as an air traffic controller shall be 35 years of 
     age for those maintaining 52 weeks of air traffic control 
     experience involving the full-time active separation of air 
     traffic after receipt of an air traffic certification or air 
     traffic control facility rating in a civilian or military air 
     traffic control facility.''.
       (b) Notification of Vacancies.--The Administrator shall 
     consider directly notifying secondary schools and institutes 
     of higher learning, including Historically Black Colleges and 
     Universities, Hispanic-serving institutions, Minority 
     Institutions, and Tribal Colleges and Universities, of the 
     vacancy announcement under section 44506(f)(1)(B)(ii) of 
     title 49, United States Code.

     SEC. 4205. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR 
                   TRAFFIC CONTROLLERS.

       (a) In General.--Section 8415(f) of title 5, United States 
     Code, is amended to read as follows:
       ``(f) The annuity of an air traffic controller or former 
     air traffic controller retiring under section 8412(a) is 
     computed under subsection (a), except that if the individual 
     has at least 5 years of service in any combination as:
       ``(1) an air traffic controller as defined by section 
     2109(1)(A)(i);

[[Page 3777]]

       ``(2) a first level supervisor of an air traffic controller 
     as defined by section 2109(1)(A)(i); or
       ``(3) a second level supervisor of an air traffic 
     controller as defined by section 2109(1)(A)(i);
     so much of the annuity as is computed with respect to such 
     type of service shall be computed by multiplying 1 7/10 
     percent of the individual's average pay by the years of such 
     service.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be deemed to be effective on December 12, 2003.
       (c) Procedures Required.--The Director of the Office of 
     Personnel Management shall establish such procedures as are 
     necessary to provide for--
       (1) notification to each annuitant affected by the 
     amendments made by this section;
       (2) recalculation of the benefits of affected annuitants;
       (3) an adjustment to applicable monthly benefit amounts 
     pursuant to such recalculation, to begin as soon as is 
     practicable; and
       (4) a lump sum payment to each affected annuitant equal to 
     the additional total benefit amount that such annuitant would 
     have received had the amendment made by subsection (a) been 
     in effect on December 12, 2003.

     SEC. 4206. AIR TRAFFIC SERVICES AT AVIATION EVENTS.

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

     SEC. 4207. FULL ANNUITY SUPPLEMENT FOR CERTAIN AIR TRAFFIC 
                   CONTROLLERS.

       Section 8421a of title 5, United States Code, is amended--
       (1) in subsection (a), by striking ``The amount'' and 
     inserting ``Except as provided in subsection (c), the 
     amount'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) This section shall not apply to an individual 
     described in section 8412(e) during any period in which the 
     individual, after separating from the service as described in 
     that section, is employed full-time as an air traffic control 
     instructor under contract with the Federal Aviation 
     Administration, including an instructor working at an on-site 
     facility (such as an airport).''.

     SEC. 4208. INCLUSION OF DISABLED VETERAN LEAVE IN FEDERAL 
                   AVIATION ADMINISTRATION PERSONNEL MANAGEMENT 
                   SYSTEM.

       (a) In General.--Section 40122(g)(2) is amended--
       (1) in subparagraph (H), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (I)(iii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(J) subject to paragraph (4), section 6329, relating to 
     disabled veteran leave.''.
       (b) Certification of Leave.--Section 40122(g) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Certification of disabled veteran leave.--In order to 
     verify that leave credited to an employee pursuant to 
     paragraph (2)(J) is used for treating a service-connected 
     disability, that employee shall, notwithstanding section 
     6329(c) of title 5, submit to the Assistant Administrator for 
     Human Resource Management of the Federal Aviation 
     Administration certification, in such form and manner as the 
     Administrator of the Federal Aviation Administration may 
     prescribe, that the employee used that leave for purposes of 
     being furnished treatment for that disability by a health 
     care provider.''.
       (c) Application.--The amendments made by this section shall 
     apply with respect to any employee of the Federal Aviation 
     Administration hired on or after the date that is 1 year 
     after the date of enactment of this Act.
       (d) Policies and Procedures.--Not later than 270 days after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall prescribe policies and 
     procedures to carry out the amendments made by this section 
     that are comparable, to the maximum extent practicable, to 
     the regulations prescribed by the Office of Personnel 
     Management under section 6329 of title 5, United States Code.
       (e) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act and not less frequently than once each 
     year thereafter until the date that is 5 years after the date 
     of enactment of this Act, the Administrator shall publish on 
     a publicly accessible Internet Web site a report on--
       (1) the effect carrying out this section and the amendments 
     made by this section has had on the workforce; and
       (2) the number of veterans benefitting from carrying out 
     this section and the amendments made by this section.

                         TITLE V--MISCELLANEOUS

     SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD INVESTIGATIVE 
                   OFFICERS.

       Section 1113 is amended by striking subsection (h).

     SEC. 5002. PERFORMANCE-BASED NAVIGATION.

       Section 213(c) of the FAA Modernization and Reform Act of 
     2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by 
     adding at the end the following:
       ``(3) Notifications and consultations.--Not later than 90 
     days before applying a categorical exclusion under this 
     subsection to a new procedure at an OEP airport, the 
     Administrator shall--
       ``(A) notify and consult with the operator of the airport 
     at which the procedure would be implemented; and
       ``(B) consider consultations or other engagement with the 
     community in the which the airport is located to inform the 
     public of the procedure.
       ``(4) Review of certain categorical exclusions.--
       ``(A) In general.--The Administrator shall review any 
     decision of the Administrator made on or after February 14, 
     2012, and before the date of enactment of this paragraph to 
     grant a categorical exclusion under this subsection with 
     respect to a procedure to be implemented at an OEP airport 
     that was a material change from procedures previously in 
     effect at the airport to determine if the implementation of 
     the procedure had a significant effect on the human 
     environment in the community in which the airport is located 
     if the operator of that airport--
       ``(i) requests such a review; and
       ``(ii) demonstrates that there is good cause to believe 
     that the implementation of the procedure had such an effect.
       ``(B) Content of review.--If, in conducting a review under 
     subparagraph (A) with respect to a procedure implemented at 
     an OEP airport, the Administrator, in consultation with the 
     operator of the airport, determines that implementing the 
     procedure had a significant effect on the human environment 
     in the community in which the airport is located, the 
     Administrator shall--
       ``(i) consult with the operator of the airport to identify 
     measures to mitigate the effect of the procedure on the human 
     environment; and
       ``(ii) in conducting such consultations, consider the use 
     of alternative flight paths that do not substantially degrade 
     the efficiencies achieved by the implementation of the 
     procedure being reviewed.
       ``(C) Human environment defined.--In this paragraph, the 
     term `human environment' has the meaning given such term in 
     section 1508.14 of title 40, Code of Federal Regulations (as 
     in effect on the day before the date of enactment of this 
     paragraph).''.

     SEC. 5003. OVERFLIGHTS OF NATIONAL PARKS.

       Section 40128 is amended--
       (1) in subsection (a)(3), by striking ``the'' before 
     ``title 14''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Transportation Routes.--
       ``(1) In general.--This section shall not apply to any air 
     tour operator while flying over or near any Federal land 
     managed by the Director of the National Park Service, 
     including Lake Mead National Recreation Area, solely as a 
     transportation route, to conduct an air tour over the Grand 
     Canyon National Park.
       ``(2) En route.--For purposes of this subsection, an air 
     tour operator flying over the Hoover Dam in the Lake Mead 
     National Recreation Area en route to the Grand Canyon 
     National Park shall be deemed to be flying solely as a 
     transportation route.''.

     SEC. 5004. NAVIGABLE AIRSPACE ANALYSIS FOR COMMERCIAL SPACE 
                   LAUNCH SITE RUNWAYS.

       (a) In General.--Section 44718(b)(1) is amended-
       (1) by striking ``air navigation facilities and equipment'' 
     and inserting ``air or space navigation facilities and 
     equipment'';
       (2) in subparagraph (D), by striking ``; and'' and 
     inserting a semicolon;
       (3) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(F) the impact on launch and reentry for launch and 
     reentry vehicles arriving or departing from a launch site or 
     reentry site licensed by the Secretary.''.
       (b) Rulemaking.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking to 
     implement the amendments made by subsection (a).

     SEC. 5005. SURVEY AND REPORT ON SPACEPORT DEVELOPMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report on

[[Page 3778]]

     the existing system of spaceports licensed by the Federal 
     Aviation Administration that includes recommendations 
     regarding--
       (1) the extent to which, and the manner in which, the 
     Federal Government could participate in the construction, 
     improvement, development, or maintenance of such spaceports; 
     and
       (2) potential funding sources.

     SEC. 5006. AVIATION FUEL.

       (a) Use of Unleaded Aviation Gasoline.--The Administrator 
     of the Federal Aviation Administration shall allow the use of 
     an unleaded aviation gasoline in an aircraft as a replacement 
     for a leaded gasoline if the Administrator--
       (1) determines that the unleaded aviation gasoline 
     qualifies as a replacement for an approved leaded gasoline;
       (2) identifies the aircraft and engines that are eligible 
     to use the qualified replacement unleaded gasoline; and
       (3) adopts a process (other than the traditional means of 
     certification) to allow eligible aircraft and engines to 
     operate using qualified replacement unleaded gasoline in a 
     manner that ensures safety.
       (b) Timing.--The Administrator shall adopt the process 
     described in subsection (a)(3) not later than 180 days after 
     the later of--
       (1) the date on which the Administration completes the 
     Piston Aviation Fuels Initiative; or
       (2) the date on which the American Society for Testing and 
     Materials publishes a production specification for an 
     unleaded aviation gasoline.

     SEC. 5007. COMPREHENSIVE AVIATION PREPAREDNESS PLAN.

       (a) In General.--No later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Health and Human Services, in coordination 
     with the Secretary of Homeland Security, the Secretary of 
     Labor, the Secretary of State, the Secretary of Defense, and 
     representatives of other Federal departments and agencies, as 
     necessary, shall develop a comprehensive national aviation 
     communicable disease preparedness plan.
       (b) Minimum Components.--The plan developed under 
     subsection (a) shall--
       (1) be developed in consultation with other relevant 
     stakeholders, including State, local, tribal, and territorial 
     governments, air carriers, first responders, and the general 
     public;
       (2) provide for the development of a communications system 
     or protocols for providing comprehensive, appropriate, and 
     up-to-date information regarding communicable disease threats 
     and preparedness between all relevant stakeholders;
       (3) document the roles and responsibilities of relevant 
     Federal department and agencies, including coordination 
     requirements;
       (4) provide guidance to air carriers, airports, and other 
     appropriate aviation stakeholders on how to develop 
     comprehensive communicable disease preparedness plans for 
     their respective organizations, in accordance with the plan 
     to be developed under subsection (a);
       (5) be scalable and adaptable so that the plan can be used 
     to address the full range of communicable disease threats and 
     incidents;
       (6) provide information on communicable threats and 
     response training resources for all relevant stakeholders, 
     including Federal, State, local, tribal, and territorial 
     government employees, airport officials, aviation industry 
     employees and contractors, first responders, and health 
     officials;
       (7) develop protocols for the dissemination of 
     comprehensive, up-to-date, and appropriate information to the 
     traveling public concerning communicable disease threats and 
     preparedness;
       (8) be updated periodically to incorporate lessons learned 
     with supplemental information; and
       (9) be provided in writing, electronically, and accessible 
     via the Internet.
       (c) Interagency Framework.--The plan developed under 
     subsection (a) shall--
       (1) be conducted under the existing interagency framework 
     for national level all hazards emergency preparedness 
     planning or another appropriate framework; and
       (2) be consistent with the obligations of the United States 
     under international agreements.

     SEC. 5008. ADVANCED MATERIALS CENTER OF EXCELLENCE.

       (a) In General.--Chapter 445 is amended by adding at the 
     end the following:

     ``Sec. 44518. Advanced Materials Center of Excellence

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall continue operation of the 
     Advanced Materials Center of Excellence (referred to in this 
     section as the `Center') under its structure as in effect on 
     March 1, 2016, which shall focus on applied research and 
     training on the durability and maintainability of advanced 
     materials in transport airframe structures.
       ``(b) Responsibilities.--The Center shall--
       ``(1) promote and facilitate collaboration among academia, 
     the Transportation Division of the Federal Aviation 
     Administration, and the commercial aircraft industry, 
     including manufacturers, commercial air carriers, and 
     suppliers; and
       ``(2) establish goals set to advance technology, improve 
     engineering practices, and facilitate continuing education in 
     relevant areas of study.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $500,000 for each of 
     the fiscal years 2016 and 2017 to carry out this section.''.
       (b) Table of Contents.--The table of contents for chapter 
     445 is amended by adding at the end the following:

``44518. Advanced Materials Center of Excellence.''.

     SEC. 5009. INTERFERENCE WITH AIRLINE EMPLOYEES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) complete a study of crimes of violence (as defined in 
     section 16 of title 18, United States Code) committed against 
     airline customer service representatives while they are 
     performing their duties and on airport property; and
       (2) submit the findings of the study, including any 
     recommendations, to Congress.
       (b) Gap Analysis.--The study shall include a gap analysis 
     to determine if State and local laws and resources are 
     adequate to deter or otherwise address the crimes of violence 
     described in subsection (a) and recommendations on how to 
     address any identified gaps.

     SEC. 5010. SECONDARY COCKPIT BARRIERS.

       (a) Threat Assessment.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator of the 
     Transportation Security Administration, in collaboration with 
     the Administrator of the Federal Aviation Administration, 
     shall complete a detailed risk assessment of the need for 
     physical secondary barriers on aircraft flown by air carriers 
     operating under part 121 of title 14, Code of Federal 
     Regulations, for passenger operations.
       (b) Determination and Rulemaking.--If the Administrator of 
     the Transportation Security Administration determines that 
     there is a threat based on the threat assessment under 
     subsection (a), then not later than 18 months after the date 
     of that determination, the Administrator of the Federal 
     Aviation Administration may promulgate regulations for the 
     risk-based equipage of air carriers operating under part 121 
     of title 14, Code of Federal Regulations, for passenger 
     operations, as appropriate.

     SEC. 5011. GAO EVALUATION AND AUDIT.

       Section 15(a)(1) of the Railway Labor Act (45 U.S.C. 
     165(a)(1)) is amended by striking ``2 years'' and inserting 
     ``4 years''.

     SEC. 5012. FEDERAL AVIATION ADMINISTRATION PERFORMANCE 
                   MEASURES AND TARGETS.

       (a) Performance Measures.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary of 
     Transportation shall establish performance measures relating 
     to the administration of the Federal Aviation Administration, 
     which shall, at a minimum, include measures to assess--
       (1) the reduction of delays in the completion of projects; 
     and
       (2) the effectiveness of the Administration in achieving 
     the goals described in section 47171 of title 49, United 
     States Code.
       (b) Performance Targets.--Not later than 180 days after the 
     date on which the Secretary establishes performance measures 
     in accordance with subsection (a), the Secretary shall 
     establish performance targets relating to each of the 
     measures described in that subsection.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall submit to Congress a 
     report describing the progress of the Secretary in meeting 
     the performance targets established under subsection (b).

     SEC. 5013. STAFFING OF CERTAIN AIR TRAFFIC CONTROL TOWERS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall ensure appropriate staffing at the Core 
     30 air traffic control towers and associated terminal radar 
     approach control facilities and air route traffic control 
     centers and ensure, as appropriate, staffing levels at those 
     control towers, facilities, and centers are not below the 
     average number of air traffic controllers between the 
     ``high'' and ``low'' staffing ranges, as specified in the 
     document of the Federal Aviation Administration entitled, ``A 
     Plan for the Future: 10-Year Strategy for Air Traffic Control 
     Workforce 2015-2024''.
       (b) Retention.--The Administrator shall review strategies 
     to improve retention of experienced certified professional 
     controllers at the control towers, facilities, and centers 
     described in subsection (a)(1).

     SEC. 5014. CRITICAL AIRFIELD MARKINGS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall issue a request for proposal for a study that 
     includes--
       (1) an independent, third-party study to assess the 
     durability of Type III and Type I glass beads applied to 
     critical markings over a 12-month period at no fewer than 2 
     primary airports in varying weather conditions to measure the 
     retroflectivity levels of such markings on a quarterly basis; 
     and

[[Page 3779]]

       (2) a study at 2 other airports carried out by applying 
     Type III beads on one half of the centerline and Type I beads 
     to the other half and providing for assessments from pilots 
     through surveys administered by a third party as to the 
     visibility and performance of the Type III glass beads as 
     compared to the Type I glass beads over a 6-month period.

     SEC. 5015. RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD 
                   PAVEMENT TECHNOLOGIES.

       Using amounts made available under section 48102(a) of 
     title 49, United States Code, the Administrator of the 
     Federal Aviation Administration shall carry out a program for 
     the research and deployment of aircraft pavement technologies 
     under which the Administrator makes grants to, and enters 
     into cooperative agreements with, institutions of higher 
     education and nonprofit organizations that--
       (1) research concrete and asphalt airfield pavement 
     technologies that extend the life of airfield pavements;
       (2) develop and conduct training;
       (3) provide for demonstration projects; and
       (4) promote the latest airfield pavement technologies to 
     aid in the development of safer, more cost effective, and 
     more durable airfield pavements.

     SEC. 5016. REPORT ON GENERAL AVIATION FLIGHT SHARING.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall submit to the appropriate committees of Congress a 
     report assessing the feasibility of flight sharing for 
     general aviation. The report shall include an assessment of 
     any regulations that may need to be updated to allow for safe 
     and efficient flight sharing, including regulations imposing 
     limitations on the forms of communication persons who hold 
     private pilot certificates may use.

     SEC. 5017. INCREASE IN DURATION OF GENERAL AVIATION AIRCRAFT 
                   REGISTRATION.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall initiate a rulemaking to increase the duration of 
     aircraft registrations for noncommercial general aviation 
     aircraft to 5 years.

     SEC. 5018. MODIFICATION OF LIMITATION OF LIABILITY RELATING 
                   TO AIRCRAFT.

       Section 44112(b) is amended--
       (1) by striking ``on land or water''; and
       (2) by inserting ``operational'' before ``control''.

     SEC. 5019. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF ILLEGAL 
                   DRUGS SEIZED AT INTERNATIONAL AIRPORTS IN THE 
                   UNITED STATES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of illegal drugs, including 
     heroin, fentanyl, and cocaine, seized by Federal authorities 
     at international airports in the United States.
       (b) Elements.--In conducting the study required by 
     subsection (a), the Comptroller General shall address, at a 
     minimum--
       (1) the types and quantities of drugs seized;
       (2) the origin of the drugs seized;
       (3) the airport at which the drugs were seized;
       (4) the manner in which the drugs were seized; and
       (5) the manner in which the drugs were transported.
       (c) Use of Data; Recommendations for Additional Data 
     Collection.--In conducting the study required by subsection 
     (a), the Comptroller General shall use all available data. If 
     the Comptroller General determines that additional data is 
     needed to fully understand the extent to which illegal drugs 
     enter the United States through international airports in the 
     United States, the Comptroller General shall develop 
     recommendations for the collection of that data.
       (d) Submission to Congress.--Not later than 180 days after 
     the date of enactment of this Act, the Comptroller General 
     shall submit to Congress a report on the study conducted 
     under subsection (a) that includes any recommendations 
     developed under subsection (c).

     SEC. 5020. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION 
                   OF DISEASE-CARRYING MOSQUITOES AND OTHER 
                   INSECTS ON COMMERCIAL AIRCRAFT.

       It is the sense of Congress that the Secretary of 
     Transportation and the Secretary of Agriculture should, in 
     coordination and consultation with the World Health 
     Organization, develop a framework and guidance for the use of 
     safe, effective, and nontoxic means of preventing the 
     transportation of disease-carrying mosquitoes and other 
     insects on commercial aircraft.

     SEC. 5021. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA 
                   METROPLEX PROGRAM.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall develop and publish in the Federal Register a work plan 
     for the New York/New Jersey/Philadelphia metroplex program.

     SEC. 5022. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES 
                   IN THE NEW YORK CITY AND NEWARK REGION.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall submit to the appropriate committees of Congress a 
     report on the Federal Aviation Administration's staffing and 
     scheduling plans for air traffic control facilities in the 
     New York City and Newark region for the 1-year period 
     beginning on such date of enactment.

     SEC. 5023. GAO STUDY OF INTERNATIONAL AIRLINE ALLIANCES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of certain cooperative 
     agreements between United States air carriers and non-United 
     States air carriers (referred to in this section as 
     ``alliances''), which--
       (1) have been created pursuant to section 41309 of title 
     49, United States Code; and
       (2) have been exempted from antitrust laws (as defined in 
     the first section of the Clayton Act (15 U.S.C. 12)) pursuant 
     to section 41308 of title 49, United States Code.
       (b) Scope.--The study conducted under subsection (a) shall 
     assess--
       (1) the consequences of alliances, including reduced 
     competition, stifling new entrants into markets, increasing 
     prices in markets, and other adverse consequences;
       (2) the representations made by air carriers to the 
     Secretary of Transportation for the necessity of an antitrust 
     exemption;
       (3) the Department of Transportation's expectations of 
     public benefits resulting from alliances, including whether 
     such expected benefits were actually achieved;
       (4) the adequacy of the Department of Transportation's 
     efforts in the approval and monitoring of alliances, 
     including possessing relevant experience and expertise in the 
     fields of antitrust and consumer protection;
       (5) whether there has been sufficient transparency in the 
     approval of alliances, including opportunities for public 
     review and feedback;
       (6) the role of the Department of Justice in the oversight 
     of alliances;
       (7) whether there are alternatives to antitrust immunity 
     that could be conferred that would also produce public 
     benefits;
       (8) whether alliances should be required to expire;
       (9) the level of competition between air carriers who are 
     members of the same alliance;
       (10) the level of competition between alliances;
       (11) whether the Department of Transportation should amend, 
     modify, or revoke any exemption from the antitrust laws 
     granted by the Secretary of Transportation in connection with 
     an alliance; and
       (12) the effect of alliances on the number and quality of 
     jobs for United States air carrier flight crew employees, 
     including the share of alliance flying done by such 
     employees.
       (c) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Comptroller General shall 
     submit to Congress the results of the study conducted under 
     subsection (a), which shall include recommendations on the 
     reforms needed to improve competition and enhance choices for 
     consumers, including--
       (1) whether oversight of alliances should be exercised by 
     the Department of Justice rather than by the Department of 
     Transportation; and
       (2) whether antitrust immunity for alliances should expire.

     SEC. 5024. TREATMENT OF MULTI-YEAR LESSEES OF LARGE AND 
                   TURBINE-POWERED MULTIENGINE AIRCRAFT.

       The Secretary of Transportation shall revise such 
     regulations as may be necessary to ensure that multi-year 
     lessees and owners of large and turbine-powered multiengine 
     aircraft are treated equally for purposes of joint ownership 
     policies of the Federal Aviation Administration.

     SEC. 5025. EVALUATION OF EMERGING TECHNOLOGIES.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration, in consultation with representatives of the 
     aviation community and institutions of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1964 
     (20 U.S.C. 1001(a))), shall conduct a study to evaluate the 
     potential impact of emerging technologies, such as electric 
     propulsion and autonomous control, on the current state of 
     aircraft design, operations, maintenance, and licensing.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the appropriate committees of Congress that 
     summarizes the results of the study conducted under 
     subsection (a).

     SEC. 5026. STUDENT OUTREACH REPORT.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall submit a report to the appropriate committees of 
     Congress that describes the Administration's existing 
     outreach efforts, such as the STEM Aviation and Space 
     Education Outreach Program, to elementary and secondary 
     students who are interested in careers in science, 
     technology, engineering, art, and mathematics--
       (1) to prepare and inspire such students for aeronautical 
     careers; and
       (2) to mitigate an anticipated shortage of pilots and other 
     aviation professionals.

[[Page 3780]]



     SEC. 5027. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL 
                   SYSTEM.

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

     SEC. 5028. CONDUCT OF SECURITY SCREENING BY THE 
                   TRANSPORTATION SECURITY ADMINISTRATION AT 
                   CERTAIN AIRPORTS.

       (a) In General.--The Administrator of the Transportation 
     Security Administration shall provide for security screening 
     to be conducted by the Transportation Security Administration 
     at, and provide all necessary staff and equipment to, any 
     airport--
       (1) that lost commercial air service on or after January 1, 
     2013; and
       (2) the operator of which, following the loss described in 
     paragraph (1), submits to the Administrator--
       (A) a request for security screening to be conducted at the 
     airport by the Transportation Security Administration; and
       (B) written confirmation of a commitment from a commercial 
     air carrier--
       (i) that the air carrier wants to provide commercial air 
     service at the airport; and
       (ii) that such service will commence not later than 1 year 
     after the date of the submission of the request under 
     subparagraph (A).
       (b) Deadline.--The Administrator of the Transportation 
     Security Administration shall ensure that the process of 
     implementing security screening by the Transportation 
     Security Administration at an airport described in subsection 
     (a) is complete not later than the later of--
       (1) the date that is 90 days after the date on which the 
     operator of the airport submits to the Administrator a 
     request for such screening under paragraph (2)(A) of that 
     subsection; or
       (2) the date on which the air carrier intends to provide 
     commercial air service at the airport.
       (c) Effect on Other Airports.--The Administrator of the 
     Transportation Security Administration shall carry out this 
     section in a manner that does not negatively affect 
     operations at airports that are provided security screening 
     by the Transportation Security Administration.

     SEC. 5029. AVIATION CYBERSECURITY.

       (a) Comprehensive Aviation Framework.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall facilitate and support the 
     development of a comprehensive framework of principles and 
     policies to reduce cybersecurity risks to the national 
     airspace system, civil aviation, and agency information 
     systems.
       (2) Scope.--As part of the principles and policies under 
     paragraph (1), the Administrator shall--
       (A) clarify cybersecurity roles and responsibilities of 
     offices and employees, including governance structures of any 
     advisory committees addressing cybersecurity at the Federal 
     Aviation Administration;
       (B) recognize the interactions of different components of 
     the national airspace system and the interdependent and 
     interconnected nature of aircraft and air traffic control 
     systems;
       (C) identify and implement objectives and actions to reduce 
     cybersecurity risks to the air traffic control information 
     systems, including actions to improve implementation of 
     information security standards and best practices of the 
     National Institute of Standards and Technology, and policies 
     and guidance issued by the Office of Management and Budget 
     for agency systems;
       (D) support voluntary efforts by industry, RTCA, Inc., or 
     standards-setting organizations to develop and identify 
     consensus standards, best practices, and guidance on aviation 
     systems information security protection, consistent with the 
     activities described in section 2(e) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272(e)); 
     and
       (E) establish guidelines for the voluntary sharing of 
     information between and among aviation stakeholders 
     pertaining to aviation-related cybersecurity incidents, 
     threats, and vulnerabilities.
       (3) Limitations.--In carrying out the activities under this 
     section, the Administrator shall--
       (A) coordinate with aviation stakeholders, including 
     industry, airlines, manufacturers, airports, RTCA, Inc., and 
     unions;
       (B) consult with the Secretary of Defense, Secretary of 
     Homeland Security, Director of National Institute of 
     Standards and Technology, the heads of other relevant 
     agencies, and international regulatory authorities; and
       (C) evaluate on a periodic basis, but not less than once 
     every 2 years, the effectiveness of the principles 
     established under this subsection.
       (b) Threat Model.--The Secretary of Transportation, in 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall implement the open recommendation 
     issued in 2015 by the Government Accountability Office to 
     assess the potential cost and timetable of developing and 
     maintaining an agency-wide threat model to strengthen 
     cybersecurity across the Federal Aviation Administration.
       (c) Secure Access to Facilities and Systems.--
       (1) Identity management requirements.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     of Transportation shall implement open recommendations issued 
     in 2014 by the Inspector General of the Department of 
     Transportation--
       (A) to work with the Federal Aviation Administration to 
     revise its plan to effectively transition remaining users to 
     require personal identity verification, including create a 
     plan of actions and milestones with a planned completion date 
     to monitor and track progress; and
       (B) to work with the Director of the Office of Security of 
     the Department of Transportation to develop or revise plans 
     to effectively transition remaining facilities to require 
     personal identity verification cards at the Federal Aviation 
     Administration.
       (2) Identity management assessment.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     prepare a plan to implement the use of identity management, 
     including personal identity verification, at the Federal 
     Aviation Administration, consistent with section 504 of the 
     Cybersecurity Enhancement Act of 2014 (Public Law 113-274; 15 
     U.S.C. 7464) and section 225 of title II of division N of the 
     Cybersecurity Act of 2015 (Public Law 114-113; 129 Stat. 
     2242).
       (B) Contents.--The plan shall include--
       (i) an assessment of the current implementation and use of 
     identity management, including personal identity 
     verification, at the Federal Aviation Administration for 
     secure access to government facilities and information 
     systems, including a breakdown of requirements for use and 
     identification of which systems and facilities are enabled to 
     use personal identity verification; and
       (ii) the actions to be taken, including specified 
     deadlines, by the Chief Information Officers of the 
     Department of Transportation and the Federal Aviation 
     Administration to increase the implementation and use of such 
     measures, with the goal of 100 percent implementation across 
     the agency.
       (3) Report.--The Secretary shall submit the plan to the 
     appropriate committees of Congress.
       (4) Classified information.--The report submitted under 
     paragraph (3) shall be in unclassified form, but may include 
     a classified annex.
       (d) Aircraft Security.--
       (1) In general.--The Aircraft Systems Information Security 
     Protection Working Group shall periodically review 
     rulemaking, policy, and guidance for certification of 
     avionics software and hardware (including any system on board 
     an aircraft) and continued airworthiness in order to reduce 
     cybersecurity risks to aircraft systems.
       (2) Requirements.--In conducting the reviews, the working 
     group--
       (A) shall assess the cybersecurity risks to aircraft 
     systems, including recognizing the interactions of different 
     components of the national airspace system and the 
     interdependent and interconnected nature of aircraft and air 
     traffic control systems;
       (B) shall assess the extent to which existing rulemaking, 
     policy, and guidance to promote safety also promote aircraft 
     systems information security protection; and
       (C) based on the results of subparagraphs (A) and (B), may 
     make recommendations to the Administrator of the Federal 
     Aviation Administration if separate or additional rulemaking, 
     policy, or guidance is needed to address aircraft systems 
     information security protection.
       (3) Recommendations.--In any recommendation under paragraph 
     (2)(C), the working group shall identify a cost-effective and 
     technology-neutral approach and incorporate voluntary 
     consensus standards and best practices and international 
     practices to the fullest extent possible.
       (4) Report.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, and periodically thereafter, the 
     working group shall provide a report to the Administrator of 
     the Federal Aviation Administration on the findings of the 
     review and any recommendations.
       (B) Congress.--The Administrator shall submit to the 
     appropriate committees of Congress a copy of each report 
     provided by the working group.
       (5) Classified information.--Each report submitted under 
     this subsection shall be in unclassified form, but may 
     include a classified annex.
       (e) Cybersecurity Implementation Progress.--The 
     Administrator of the Federal Aviation Administration shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, and periodically thereafter until the completion 
     date, provide to the appropriate committees of Congress a 
     briefing on the actions the Administrator has taken to 
     improve information security management, including the steps 
     taken to

[[Page 3781]]

     implement subsections (a), (b) and (c) and all of the issues 
     and open recommendations identified in cybersecurity audit 
     reports issued in 2014 and 2015 by the Inspector General of 
     the Department of Transportation and the Government 
     Accountability Office; and
       (2) not later than 1 year after the date of enactment of 
     this Act, issue a final report to the appropriate committees 
     of Congress on the steps taken to improve information 
     security management, including implementation of subsections 
     (a), (b) and (c) and all of the issues and open 
     recommendations identified in the cybersecurity audit reports 
     issued in 2014 and 2015 by the Inspector General of the 
     Department of Transportation and the Government 
     Accountability Office.

     SEC. 5030. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.

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

     SEC. 5031. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Airport Capacity Enhancement Projects at Congested 
     Airports.--Section 40104(c) is amended by striking ``47176'' 
     and inserting ``47175''.
       (b) Consultation on Carrier Response Not Covered by Plan.--
     Section 41313(c)(16), as amended by section 3104 of this Act, 
     is further amended by striking ``the foreign air carrier will 
     consult'' and inserting ``will consult''.
       (c) Weighing Mail.--Section 41907 is amended by striking 
     ``and -administrative'' and inserting ``and administrative''.
       (d)  Flight Attendant Certification.--Section 44728 is 
     amended--
       (1) in subsection (c), by striking ``chapter'' and 
     inserting ``title''; and
       (2) in subsection (d)(3), by striking ``is'' and inserting 
     ``be''.
       (e) Schedule of Fees.--Section 45301(a)(1) is amended by 
     striking ``United States government'' and inserting ``United 
     States Government''.
       (f) Classified Evidence.--Section 46111(g)(2)(A) is amended 
     by striking ``(18 U.S.C. App.)'' and inserting ``(18 U.S.C. 
     App.))''.
       (g) Allowable Cost Standards.--Section 47110(b)(2) is 
     amended--
       (1) in subparagraph (B), by striking ``compatability'' and 
     inserting ``compatibility''; and
       (2) in subparagraph (D)(i), by striking ``climactic'' and 
     inserting ``climatic''.
       (h) Definition of Qualified HUBZone Small Business 
     Concern.--Section 47113(a)(3) is amended by striking ``(15 
     U.S.C. 632(o))'' and inserting ``(15 U.S.C. 632(p))''.
       (i) Discretionary Fund.--Section 47115, as amended by 
     section 1006 of this Act, is further amended--
       (1) by striking subsection (i); and
       (2) by redesignating subsection (j) as subsection (i).
       (j) Special Apportionment Categories.--Section 
     47117(e)(1)(B) is amended by striking ``at least'' and 
     inserting ``At least''.
       (k) Solicitation and Consideration of Comments.--Section 
     47171(l) is amended by striking ``4371'' and inserting 
     ``4321''.
       (l) Operations and Maintenance.--Section 48104 is amended 
     by striking ``(a) Authorization of Appropriations.--the'' and 
     inserting ``The''.
       (m) Expenditures From Airport and Airway Trust Fund.--
     Section 9502(d)(2) of the Internal Revenue Code of 1986 is 
     amended by striking ``farms'' and inserting ``farms)''.
                                 ______
                                 
  SA 3465. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RAILROAD PURPOSE.

       Section 24202 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(c) Scope.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, any activity, including a commercial activity, 
     undertaken or conducted by a railroad company, or undertaken 
     or conducted by another entity and authorized by a railroad 
     company using a railroad right-of-way shall be expressly 
     deemed to derive from or further a railroad purpose within 
     the scope of the right-of-way grant, regardless of whether 
     such activity is necessary, primarily intended, or originated 
     for the operation, maintenance, or construction of a 
     railroad, if such activity--
       ``(A) contributes to any aspect of a railroad company's 
     business, subject to paragraph (2); and
       ``(B) does not interfere with the operation of the 
     railroad.
       ``(2) Nonapplicability.--Paragraph (1) shall not apply to 
     an activity using a railroad right-of-way if such activity 
     does not have any benefit to the railroad company other than 
     payment for the use of the railroad right-of-way.
       ``(3) Authorization required.--Except as otherwise provided 
     by the Act, no activity using a railroad right-of-way by an 
     entity other than the railroad company granted the railroad 
     right-of-way shall be permitted without authorization from 
     the railroad company if the railroad right-of-way has not 
     been abandoned by the railroad company.
       ``(4) Savings clause.--Nothing in this subsection may be 
     construed to affect the rights to--
       ``(A) the mineral estate underlying a railroad right-of-
     way;
       ``(B) a railroad right-of-way that has been abandoned; or
       ``(C) the airspace of a railroad right-of-way.
       ``(5) Definitions.--In this subsection--
       ``(A) the term `the Act' means the Act of March 3, 1875 (18 
     Stat. 482; chapter 152; 43 U.S.C. 934 et seq.), which granted 
     rights-of-way to railroads; and
       ``(B) the term `railroad right-of-way' means the subsurface 
     and surface of a right-of-way granted under the Act.''.
                                 ______
                                 
  SA 3466. Mr. GARDNER (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. PROHIBITION ON USE OF UNITED STATES AIRSPACE FOR 
                   TRANSFER OF DETAINEES FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO THE UNITED 
                   STATES.

       (a) In General.--Notwithstanding any other provision of 
     law, no flight may be operated in United States airspace if 
     the flight is operated to transfer an individual detained at 
     Guantanamo to a State, territory, or possession of the United 
     States.
       (b) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     any individual who--
       (1) is in detention, on or after January 20, 2009, at 
     United States Naval Station, Guantanamo Bay, Cuba;
       (2) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (3) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
                                 ______
                                 
  SA 3467. Mr. MARKEY (for himself, Mr. Blumenthal, and Ms. Klobuchar) 
submitted an amendment intended to be proposed by him to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATIONS PROHIBITING THE IMPOSITION OF FEES THAT 
                   ARE NOT REASONABLE AND PROPORTIONAL TO THE 
                   COSTS INCURRED.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' means any air 
     carrier that holds an air carrier certificate under section 
     41101 of title 49, United States Code.
       (2) Interstate air transportation.--The term ``interstate 
     air transportation'' has the meaning given that term in 
     section 40102 of title 49, United States Code.
       (b) Regulations Required.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Transportation shall prescribe regulations--
       (1) prohibiting an air carrier from imposing fees described 
     in subsection (c) that are unreasonable or disproportional to 
     the costs incurred by the air carrier; and
       (2) establishing standards for assessing whether such fees 
     are reasonable and proportional to the costs incurred by the 
     air carrier.
       (c) Fees Described.--The fees described in this subsection 
     are--
       (1) any fee for a change or cancellation of a reservation 
     for a flight in interstate air transportation;
       (2) any fee relating to checked baggage to be transported 
     on a flight in interstate air transportation; and
       (3) any other fee imposed by an air carrier relating to a 
     flight in interstate air transportation.
       (d) Considerations.--In establishing the standards required 
     by subsection (b)(2), the Secretary shall consider--

[[Page 3782]]

       (1) with respect to a fee described in subsection (c)(1) 
     imposed by an air carrier for a change or cancellation of a 
     flight reservation--
       (A) any net benefit or cost to the air carrier from the 
     change or cancellation, taking into consideration--
       (i) the ability of the air carrier to anticipate the 
     expected average number of cancellations and changes and make 
     reservations accordingly;
       (ii) the ability of the air carrier to fill a seat made 
     available by a change or cancellation;
       (iii) any difference in the fare likely to be paid for a 
     ticket sold to another passenger for a seat made available by 
     the change or cancellation, as compared to the fare paid by 
     the passenger who changed or canceled the passenger's 
     reservation; and
       (iv) the likelihood that the passenger changing or 
     cancelling the passenger's reservation will fill a seat on 
     another flight by the same air carrier;
       (B) the costs of processing the change or cancellation 
     electronically; and
       (C) any related labor costs;
       (2) with respect to a fee described in subsection (c)(2) 
     imposed by an air carrier relating to checked baggage--
       (A) the costs of processing checked baggage electronically; 
     and
       (B) any related labor costs; and
       (3) any other considerations the Secretary considers 
     appropriate.
       (e) Updated Regulations.--The Secretary shall update the 
     standards required by subsection (b)(2) not less frequently 
     than once every 3 years.
                                 ______
                                 
  SA 3468. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 356, between lines 12 and 13, insert the following:
       (f) Disclosure of Cyberattacks by the Aviation Industry.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe regulations requiring covered air carriers 
     and covered manufacturers to disclose to the Federal Aviation 
     Administration any attempted or successful cyberattack on any 
     system on board an aircraft, whether or not the system is 
     critical to the safe and secure operation of the aircraft, or 
     any maintenance or ground support system for aircraft, 
     operated by the air carrier or produced by the manufacturer, 
     as the case may be.
       (2) Use of disclosures by the federal aviation 
     administration.--The Administrator of the Federal Aviation 
     Administration shall use the information obtained through 
     disclosures made under paragraph (1) to improve the 
     regulations of the Federal Aviation Administration and to 
     notify air carriers, aircraft manufacturers, and other 
     Federal agencies of cybersecurity vulnerabilities in systems 
     on board an aircraft or maintenance or ground support systems 
     for aircraft.
       (g) Annual Report on Cyberattacks on Aircraft Systems and 
     Maintenance and Ground Support Systems.--Not later than one 
     year after the date of the enactment of this Act, and 
     annually thereafter, the Administrator of the Federal 
     Aviation Administration shall submit to the appropriate 
     committees of Congress a report on attempted and successful 
     cyberattacks on any system on board an aircraft, whether or 
     not the system is critical to the safe and secure operation 
     of the aircraft, and on maintenance or ground support systems 
     for aircraft, that includes--
       (1) the number of such cyberattacks during the year 
     preceding the submission of the report;
       (2) with respect to each such cyberattack--
       (A) an identification of the system that was targeted;
       (B) a description of the effect on the safety of the 
     aircraft as a result of the cyberattack; and
       (C) a description of the measures taken to counter or 
     mitigate the cyberattack;
       (3) recommendations for preventing a future cyberattack;
       (4) an analysis of potential vulnerabilities to 
     cyberattacks in systems on board an aircraft and in 
     maintenance or ground support systems for aircraft; and
       (5) recommendations for improving the regulatory oversight 
     of aircraft cybersecurity.
       (h) Definitions.--In subsections (f) and (g):
       (1) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier or a foreign air carrier (as those terms 
     are defined in section 40102 of title 49, United States 
     Code).
       (2) Covered manufacturer.--The term ``covered 
     manufacturer'' means an entity that--
       (A) manufactures or otherwise produces aircraft and holds a 
     production certificate under section 44704(c) of title 49, 
     United States Code; or
       (B) manufactures or otherwise produces electronic control, 
     communications, maintenance, or ground support systems for 
     aircraft.
       (3) Cyberattack.--The term ``cyberattack'' means the 
     unauthorized access to aircraft electronic control or 
     communications systems or maintenance or ground support 
     systems for aircraft, either wirelessly or through a wired 
     connection.
                                 ______
                                 
  SA 3469. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 353, between lines 15 and 16, insert the following:
       (d) Incorporation of Cybersecurity Into Requirements for 
     Air Carrier Operating Certificates and Production 
     Certificates.--
       (1) Regulations.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Transportation, 
     in consultation with the Secretary of Defense, the Secretary 
     of Homeland Security, the Attorney General, the Federal 
     Communications Commission, and the Director of National 
     Intelligence, shall prescribe regulations to incorporate 
     requirements relating to cybersecurity into the requirements 
     for obtaining an air carrier operating certificate or a 
     production certificate under chapter 447 of title 49, United 
     States Code.
       (2) Requirements.--In prescribing the regulations required 
     by paragraph (1), the Secretary shall--
       (A) require all entry points to the electronic systems of 
     each aircraft operating in United States airspace and 
     maintenance or ground support systems for such aircraft to be 
     equipped with reasonable measures to protect against 
     cyberattacks, including the use of isolation measures to 
     separate critical software systems from noncritical software 
     systems;
       (B) require the periodic evaluation of the measures 
     described in subparagraph (A) for security vulnerabilities 
     using best security practices, including the appropriate 
     application of techniques such as penetration testing, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, the Attorney General, the Federal 
     Communications Commission, and the Director of National 
     Intelligence; and
       (C) require the measures described in subparagraph (A) to 
     be periodically updated based on the results of the 
     evaluations conducted under subparagraph (B).
       (3) Definitions.--In this subsection:
       (A) Cyberattack.--The term ``cyberattack'' means the 
     unauthorized access to aircraft electronic control or 
     communications systems or maintenance or ground support 
     systems for aircraft, either wirelessly or through a wired 
     connection.
       (B) Critical software systems.--The term ``critical 
     software systems'' means software systems that can affect 
     control over the operation of an aircraft.
       (C) Entry point.--The term ``entry point'' means the means 
     by which signals to control a system on board an aircraft or 
     a maintenance or ground support system for aircraft may be 
     sent or received.
                                 ______
                                 
  SA 3470. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 356, between lines 12 and 13, insert the following:
       (f) Managing Cybersecurity Risks of Consumer Communications 
     Equipment.--
       (1) In general.--The Commercial Aviation Communications 
     Safety and Security Leadership Group established by the 
     memorandum of understanding between the Department of 
     Transportation and the Federal Communications Commission 
     entitled ``Framework for DOT-FCC Coordination of Commercial 
     Aviation Communications Safety and Security Issues'' and 
     dated January 29, 2016 (in this section known as the 
     ``Leadership Group'') shall be responsible for evaluating the 
     cybersecurity vulnerabilities of broadband wireless 
     communications equipment designed for consumer use on board 
     aircraft operated by covered air carriers that is installed 
     before, on, or after, or is proposed to be installed on or 
     after, the date of the enactment of this Act.
       (2) Responsibilities.--To address cybersecurity risks 
     arising from malicious use of communications technologies on 
     board aircraft operated by covered air carriers, the 
     Leadership Group shall--
       (A) ensure the development of effective methods for 
     preventing foreseeable cyberattacks that exploit broadband 
     wireless communications equipment designed for consumer use 
     on board such aircraft; and
       (B) require the implementation by covered air carriers, 
     covered manufacturers, and communications service providers 
     of all technical and operational security measures that are 
     deemed necessary and sufficient by

[[Page 3783]]

     the Leadership Group to prevent cyberattacks described in 
     subparagraph (A).
       (3) Report required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Leadership Group shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on--
       (A) the technical and operational security measures 
     developed to prevent foreseeable cyberattacks that exploit 
     broadband wireless communications equipment designed for 
     consumer use on board aircraft operated by covered air 
     carriers; and
       (B) the steps taken by covered air carriers, covered 
     manufacturers, and communications service providers to 
     implement the measures described in subparagraph (A).
       (4) Definitions.--In this subsection:
       (A) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier or a foreign air carrier (as those terms 
     are defined in section 40102 of title 49, United States 
     Code).
       (B) Covered manufacturer.--The term ``covered 
     manufacturer'' means an entity that--
       (i) manufactures or otherwise produces aircraft and holds a 
     production certificate under section 44704(c) of title 49, 
     United States Code; or
       (ii) manufactures or otherwise produces electronic control, 
     communications, maintenance, or ground support systems for 
     aircraft.
       (C) Cyberattack.--The term ``cyberattack'' means the 
     unauthorized access to aircraft electronic control or 
     communications systems or maintenance or ground support 
     systems for aircraft, either wirelessly or through a wired 
     connection.
                                 ______
                                 
  SA 3471. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 62, line 17, insert ``and commercial'' after 
     ``public''.
                                 ______
                                 
  SA 3472. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 2152, add the following:
       (d) No Preemption of Privacy Laws.--Nothing in this 
     subtitle may be construed to preempt any State or political 
     subdivision of a State from enacting or enforcing privacy 
     laws pertaining to the use of an unmanned aircraft system.
                                 ______
                                 
  SA 3473. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 60, lines 10 through 13, strike ``, to the extent 
     practicable and consistent with applicable law and without 
     compromising national security, homeland defense, or law 
     enforcement,''.
       On page 60, line 18, insert ``This subsection shall not 
     apply to situations involving immediate danger of death or 
     serious physical injury to any person or activities 
     threatening the national security interest.'' after the 
     period at the end.
                                 ______
                                 
  SA 3474. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SECURING AIRCRAFT AVIONICS SYSTEMS.

       The Administrator of the Federal Aviation Administration 
     shall revise Federal Aviation Administration regulations 
     regarding aircraft-airworthiness certification to include 
     assurance that cybersecurity for avionics systems, including 
     software components, is addressed and require that aircraft 
     avionics systems used for flight guidance or aircraft control 
     be isolated and separate from other networking platforms such 
     as by using an air gap or such other means as the 
     Administrator determines appropriate, except firewall, to 
     protect the avionics systems from unauthorized external and 
     internal access.
                                 ______
                                 
  SA 3475. Mr. CASSIDY (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIQUEFIED NATURAL GAS EQUIVALENT FOR PURPOSES OF 
                   INLAND WATERWAYS TRUST FUND FINANCING RATE.

       (a) In General.--Section 4042(b)(2)(A) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(A) The Inland Waterways Trust Fund financing rate is 29 
     cents per gallon (per energy equivalent of a gallon of 
     diesel, in the case of liquefied natural gas).''.
       (b) Energy Equivalent of a Gallon of Diesel.--Section 
     4042(b) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following:
       ``(5) Energy equivalent of a gallon of diesel with respect 
     to liquefied natural gas.--For purposes of paragraph (2)(A), 
     the term `energy equivalent of a gallon of diesel' means 6.06 
     pounds of liquefied natural gas.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any sale or use of fuel after December 31, 
     2016.
                                 ______
                                 
  SA 3476. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRPLANES.

       (a) In General.--Notwithstanding section 47534 of title 49, 
     United States Code, not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall revise part 91 of title 14, 
     Code of Federal Regulations (as in effect on the day before 
     such date of enactment) to permit the operator of a Stage 2 
     airplane to operate that airplane in revenue or nonrevenue 
     service into a medium hub airport or nonhub airport if--
       (1) the airport--
       (A) is certified under part 139 of such title;
       (B) has a runway that--
       (i) is longer than 8,000 feet and not less than 200 feet 
     wide; and
       (ii) is load bearing with a pavement classification number 
     of not less than 38; and
       (C) has a maintenance facility with a maintenance 
     certificate issued under part 145 of such title; and
       (2) the operator of the Stage 2 airplane operates not more 
     than 10 flights per month using that airplane.
       (b) Termination.--The regulations required by subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 10 years after the date of the 
     enactment of this Act; or
       (2) the date on which the Administrator determines that no 
     Stage 2 airplanes remain in service.
       (c) Definitions.--In this section:
       (1) Medium hub airport; nonhub airport.--The terms ``medium 
     hub airport'' and ``nonhub airport'' have the meanings given 
     those terms in section 40102 of title 49, United States Code.
       (2) Stage 2 airplane.--The term ``Stage 2 airplane'' has 
     the meaning given that term in section 91.851 of title 14, 
     Code of Federal Regulations (as in effect on the day before 
     the date of the enactment of this Act).
                                 ______
                                 
  SA 3477. Ms. HEITKAMP (for herself and Mr. Inhofe) submitted an 
amendment intended to be proposed by her to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 91, between lines 6 and 7, insert the following:
       ``(b) Assistance by Federal Unmanned Aircraft Systems.--The 
     Secretary shall include, in the guidance regarding the 
     operation of public unmanned aircraft systems required by 
     subsection (a), guidance with respect to allowing unmanned 
     aircraft systems owned or operated by a Federal agency to 
     assist Federal, State, local, or tribal law enforcement 
     organizations in conducting law enforcement activities in the 
     national airspace system in situations in which a certificate 
     of authorization does not apply.
                                 ______
                                 
  SA 3478. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 86, line 19, insert after ``unmanned aircraft'' the 
     following: ``, including in circumstances in which the 
     associated unmanned aircraft has been deemed air worthy

[[Page 3784]]

     by the government of a country with which the United States 
     maintains a bilateral airworthiness agreement''.
                                 ______
                                 
  SA 3479. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 69, between lines 6 and 7, insert the following:
       ``(G) dedicated frequency spectrum for commercial uses of 
     unmanned aircraft systems;
                                 ______
                                 
  SA 3480. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXTENSION OF CREDIT FOR PRODUCTION FROM ADVANCED 
                   NUCLEAR POWER FACILITIES.

       (a) In General.--Subparagraph (B) of section 45J(d)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2021'' and inserting ``January 1, 2026''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2020.
                                 ______
                                 
  SA 3481. Mr. BLUNT (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON DISCRIMINATORY TAXATION OF AIRPORT 
                   BUSINESSES.

       Section 40116(d)(2)(A) of title 49, United States Code, is 
     amended by adding at the end the following new clause:
       ``(v) except as otherwise provided under section 47133(a) 
     of this title, 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 of a State, or authority acting for a 
     State or political subdivision unless wholly utilized for 
     airport or aeronautical purposes.''.
                                 ______
                                 
  SA 3482. Mr. HEINRICH (for himself, Mr. Manchin, Mr. Schumer, Mr. 
Nelson, Ms. Klobuchar, Ms. Cantwell, Mr. Carper, Ms. Baldwin, Mr. 
Durbin, Mr. Bennet, and Mr. Blumenthal) submitted an amendment intended 
to be proposed by him to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, insert the following:

     SEC. 5032. VISIBLE DETERRENT.

       Section 1303 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1112) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) if the VIPR team is deployed to an airport, shall 
     require, as appropriate based on risk, that the VIPR team 
     conduct operations--
       ``(A) in the sterile area and any other areas to which only 
     individuals issued security credentials have unescorted 
     access; and
       ``(B) in non-sterile areas.''; and
       (2) in subsection (b), by striking ``such sums as necessary 
     for fiscal years 2007 through 2011'' and inserting ``such 
     sums as necessary, including funds to develop not less than 
     60 VIPR teams, for fiscal years 2016 through 2017''.

     SEC. 5033. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND 
                   ACTIVE SHOOTER INCIDENTS.

       Section 2006(a)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 607(a)(2)) is amended--
       (1) by redesignating subparagraphs (E) through (I) as 
     subparagraphs (F) through (J), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) training exercises to enhance preparedness for and 
     response to mass casualty and active shooter incidents and 
     security events at public locations, including airports and 
     mass transit systems;''.

     SEC. 5034. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 
                   SYSTEMS.

       Section 2008(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 609(a)) is amended--
       (1) by redesigning paragraphs (9) through (13) as 
     paragraphs (10) through (14), respectively; and
       (2) by inserting after paragraph (8) the following:
       ``(9) enhancing the security and preparedness of secure and 
     non-secure areas of eligible airports and surface 
     transportation systems.''.
                                 ______
                                 
  SA 3483. Mr. SCHUMER (for himself, Mr. Blumenthal, Mr. Markey, Mr. 
Menendez, Mrs. Gillibrand, Mrs. Feinstein, Mrs. Boxer, Mr. Booker, Mr. 
Schatz, and Ms. Warren) submitted an amendment intended to be proposed 
by him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. REGULATIONS RELATING TO SPACE FOR PASSENGERS ON 
                   AIRCRAFT.

       (a) Moratorium on Reductions to Aircraft Seat Size.--Not 
     later than 30 days after the date of the enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall prohibit any air carrier from reducing the size, width, 
     padding, or pitch of seats on passenger aircraft operated by 
     the air carrier, the amount of leg room per seat on such 
     aircraft, or the width of aisles on such aircraft.
       (b) Regulations Relating to Space for Passengers on 
     Aircraft.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator shall prescribe 
     regulations--
       (1) establishing minimum standards for space for passengers 
     on passenger aircraft, including the size, width, padding, 
     and pitch of seats, the amount of leg room per seat, and the 
     width of aisles on such aircraft for the safety, health, and 
     comfort of passengers; and
       (2) requiring each air carrier to prominently display on 
     the website of the air carrier the amount of space available 
     for each passenger on passenger aircraft operated by the air 
     carrier, including the size, width, padding, and pitch of 
     seats, the amount of leg room per seat, and the width of 
     aisles on such aircraft.
       (c) Consultations.--In prescribing the regulations required 
     by subsection (b), the Administrator shall consult with the 
     Occupational Safety and Health Administration, the Centers 
     for Disease Control and Prevention, passenger advocacy 
     organizations, physicians, and ergonomic engineers.
       (d) Air Carrier Defined.--In this section, the term ``air 
     carrier'' means an air carrier (as defined in section 40102 
     of title 49, United States Code) that transports passengers 
     by aircraft as a common carrier for compensation.
                                 ______
                                 
  SA 3484. Mr. BENNET (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CARBON DIOXIDE CAPTURE FACILITIES.

       (a) Short Title.--This section may be cited as the ``Carbon 
     Capture Improvement Act of 2016''.
       (b) Findings.--Congress finds the following:
       (1) Capture and long-term storage of carbon dioxide from 
     coal, natural gas, and biomass-fired power plants, as well as 
     from industrial sectors such as oil refining and production 
     of fertilizer, cement, and ethanol, can help protect the 
     environment while improving the economy and national security 
     of the United States.
       (2) The United States is a world leader in the field of 
     carbon dioxide capture and long-term storage, as well as the 
     beneficial use of carbon dioxide in enhanced oil recovery 
     operations, with many manufacturers and licensors of carbon 
     dioxide capture technology based in the United States.
       (3) While the prospects for large-scale carbon capture in 
     the United States are promising, costs remain relatively 
     high. Lowering the financing costs for carbon dioxide capture 
     projects would accelerate the deployment of this technology, 
     and if the captured carbon dioxide is subsequently sold for 
     industrial use, such as for use in enhanced oil recovery 
     operations, the economic prospects are further improved.
       (4) Since 1968, tax-exempt private activity bonds have been 
     used to provide access to lower-cost financing for private 
     businesses that are purchasing new capital equipment for 
     certain specified environmental facilities, including 
     facilities that reduce, recycle, or dispose of waste, 
     pollutants, and hazardous substances.

[[Page 3785]]

       (5) Allowing tax-exempt financing for the purchase of 
     capital equipment that is used to capture carbon dioxide will 
     reduce the costs of developing carbon dioxide capture 
     projects, accelerate their deployment, and, in conjunction 
     with carbon dioxide utilization and long-term storage, help 
     the United States meet critical environmental, economic, and 
     national security goals.
       (c) Carbon Dioxide Capture Facilities.--
       (1) In general.--Section 142 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (a)--
       (i) in paragraph (14), by striking ``or'' at the end,
       (ii) in paragraph (15), by striking the period at the end 
     and inserting ``, or'', and
       (iii) by adding at the end the following new paragraph:
       ``(16) qualified carbon dioxide capture facilities.'', and
       (B) by adding at the end the following new subsection:
       ``(n) Qualified Carbon Dioxide Capture Facility.--
       ``(1) In general.--For purposes of subsection (a)(16), the 
     term `qualified carbon dioxide capture facility' means the 
     eligible components of an industrial carbon dioxide facility.
       ``(2) Definitions.--In this subsection:
       ``(A) Eligible component.--
       ``(i) In general.--The term `eligible component' means any 
     equipment installed in an industrial carbon dioxide facility 
     that satisfies the requirements under paragraph (3) and is--

       ``(I) used for the purpose of capture, treatment and 
     purification, compression, transportation, or on-site storage 
     of carbon dioxide produced by the industrial carbon dioxide 
     facility, or
       ``(II) integral or functionally related and subordinate to 
     a process described in section 48B(c)(2), determined by 
     substituting `carbon dioxide' for `carbon monoxide' in such 
     section.

       ``(B) Industrial carbon dioxide facility.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `industrial carbon dioxide facility' means a facility 
     that emits carbon dioxide (including from any fugitive 
     emissions source) that is created as a result of any of the 
     following processes:

       ``(I) Fuel combustion.
       ``(II) Gasification.
       ``(III) Bioindustrial.
       ``(IV) Fermentation.
       ``(V) Any manufacturing industry described in section 
     48B(c)(7).

       ``(ii) Exceptions.--For purposes of clause (i), an 
     industrial carbon dioxide facility shall not include--

       ``(I) any geological gas facility (as defined in clause 
     (iii)), or
       ``(II) any air separation unit that--

       ``(aa) does not qualify as gasification equipment, or
       ``(bb) is not a necessary component of an oxy-fuel 
     combustion process.
       ``(iii) Geological gas facility.--The term `geological gas 
     facility' means a facility that--

       ``(I) produces a raw product consisting of gas or mixed gas 
     and liquid from a geological formation,
       ``(II) transports or removes impurities from such product, 
     or
       ``(III) separates such product into its constituent parts.

       ``(3) Capture and storage requirement.--
       ``(A) In general.--Subject to subparagraph (B), the 
     eligible components of an industrial carbon dioxide facility 
     shall have a capture and storage percentage (as determined 
     under subparagraph (C)) that is equal to or greater than 65 
     percent.
       ``(B) Exception.--In the case of an industrial carbon 
     dioxide facility with a capture and storage percentage that 
     is less than 65 percent, the percentage of the cost of the 
     eligible components installed in such facility that may be 
     financed with tax-exempt bonds may not be greater than the 
     capture and storage percentage.
       ``(C) Capture and storage percentage.--
       ``(i) In general.--Subject to clause (ii), the capture and 
     storage percentage shall be an amount, expressed as a 
     percentage, equal to the quotient of--

       ``(I) the total metric tons of carbon dioxide annually 
     captured, transported, and injected into--

       ``(aa) a facility for geologic storage, or
       ``(bb) an enhanced oil or gas recovery well followed by 
     geologic storage, divided by

       ``(II) the total metric tons of carbon dioxide which would 
     otherwise be released into the atmosphere each year as 
     industrial emission of greenhouse gas if the eligible 
     components were not installed in the industrial carbon 
     dioxide facility.

       ``(ii) Limited application of eligible components.--In the 
     case of eligible components that are designed to capture 
     carbon dioxide solely from specific sources of emissions or 
     portions thereof within an industrial carbon dioxide 
     facility, the capture and storage percentage under this 
     subparagraph shall be determined based only on such specific 
     sources of emissions or portions thereof.''.
       (2) Volume cap.--Section 146(g)(4) of such Code is amended 
     by striking ``paragraph (11) of section 142(a) (relating to 
     high-speed intercity rail facilities)'' and inserting 
     ``paragraph (11) or (16) of section 142(a)''.
       (3) Clarification of private business use.--Section 
     141(b)(6) of such Code is amended by adding at the end the 
     following new subparagraph:
       ``(C) Clarification relating to qualified carbon dioxide 
     capture facilities.--For purposes of this subsection, the 
     sale of carbon dioxide produced by a qualified carbon dioxide 
     capture facility (as defined in section 142(n)) which is 
     owned by a governmental unit shall not constitute private 
     business use.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to obligations issued after December 31, 2015.
                                 ______
                                 
  SA 3485. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 1305. PARTICIPATION OF DISADVANTAGED BUSINESS 
                   ENTERPRISES IN CONTRACTS, SUBCONTRACTS, AND 
                   BUSINESS OPPORTUNITIES FUNDED USING PASSENGER 
                   FACILITY REVENUES AND IN AIRPORT CONCESSIONS.

       Section 40117, as amended by sections 1302 and 1303, is 
     further amended by adding at the end the following:
       ``(p) Participation by Disadvantaged Business 
     Enterprises.--
       ``(1) Applicability of requirements.--Except to the extent 
     otherwise provided by the Secretary, requirements relating to 
     disadvantaged business enterprises, as set forth in parts 23 
     and 26 of title 49, Code of Federal Regulations (or a 
     successor regulation), shall apply to an airport collecting 
     passenger facility revenue.
       ``(2) Regulations.--The Secretary shall issue any 
     regulations necessary to implement this subsection, 
     including--
       ``(A) goal setting requirements for an eligible agency to 
     ensure that contracts, subcontracts, and business 
     opportunities funded using passenger facility revenues, and 
     airport concessions, are awarded consistent with the levels 
     of participation of disadvantaged business enterprises and 
     airport concessions disadvantaged business enterprises that 
     would be expected in the absence of discrimination;
       ``(B) provision for an assurance that requires that an 
     eligible agency will not discriminate on the basis of race, 
     color, national origin, or sex in the award and performance 
     of any contract funded using passenger facility revenues; and
       ``(C) a requirement that an eligible agency will take all 
     necessary and reasonable steps to ensure nondiscrimination in 
     the award and administration of contracts funded using 
     passenger facility revenues.
       ``(3) Effective date.--Paragraph (1) shall take effect on 
     the day following the date on which the Secretary issues 
     final regulations under paragraph (2).
       ``(4) Definitions.--In this subsection:
       ``(A) Airport concessions disadvantaged business 
     enterprise.--The term `airport concessions disadvantaged 
     business enterprise' has the meaning given that term in 
     section 23.3 of title 49, Code of Federal Regulations (or a 
     successor regulation).
       ``(B) Disadvantaged business enterprise.--The term 
     `disadvantaged business enterprise' has the meaning given 
     that term in section 26.5 of title 49, Code of Federal 
     Regulations (or a successor regulation).''.
                                 ______
                                 
  SA 3486. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title II, add the following:

     SEC. 2506. RECOMMENDATIONS FOR APPROPRIATE NUMBER OF SECURITY 
                   SCREENERS AT PRIMARY AIRPORTS.

       Not later than one year after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration shall develop and submit to Congress 
     recommendations for the appropriate number of individuals to 
     conduct security screening at primary airports (as defined in 
     section 47102 of title 49, United States Code).
                                 ______
                                 
  SA 3487. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

[[Page 3786]]



     SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.

       Section 47113(a)(1) is amended to read as follows:
       ``(1) `small business concern' has the same meaning given 
     that term in section 3 of the Small Business Act (15 U.S.C. 
     632);''.
                                 ______
                                 
  SA 3488. Ms. CANTWELL (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. VISA WAIVER PROGRAM REQUIREMENTS.

       (a) Information Sharing Process.--The Director of National 
     Intelligence shall--
       (1) develop a process to share information derived from the 
     Terrorist Identities Datamart Environment (TIDE) database and 
     the Terrorist Screening Database (TSDB), including biometric 
     and biographic information, with countries participating in 
     the visa waiver program established under section 217(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(a)); and
       (2) not later than 1 year after the date of the enactment 
     of this Act, certify to Congress that such process may be 
     utilized by such countries.
       (b) Continuing Qualification and Designation 
     Terminations.--Paragraph (2) of section 217(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended 
     by adding at the end the following:
       ``(H) Border security.--The government of the country 
     utilizes the process developed by the Director of National 
     Intelligence under section __(a) of the Federal Aviation 
     Administration Reauthorization Act of 2016 to utilize 
     information derived from the Terrorist Identities Datamart 
     Environment (TIDE) database and the Terrorist Screening 
     Database (TSDB) for border security and immigration purposes, 
     including the screening of aliens seeking asylum or refugee 
     status in that country.''.

     SEC. __. DEPARTMENT OF HOMELAND SECURITY FOREIGN EQUIPMENT 
                   TRANSFER AUTHORITY.

       Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 
     459) is amended by adding at the end the following new 
     subsection:
       ``(c) Equipment Transfer.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary, in consultation with the Secretary of State, is 
     authorized to transfer, with or without reimbursement, excess 
     nonlethal equipment and supplies to a foreign government.
       ``(2) Determination.--The Secretary is authorized to 
     transfer equipment and supplies pursuant to paragraph (1) if 
     the Secretary determines that such transfer would--
       ``(A) further the homeland security interests of the United 
     States; or
       ``(B) enhance the recipient government's capacity to--
       ``(i) mitigate the risk or threat of terrorism, infectious 
     disease, or natural disaster;
       ``(ii) protect and expedite lawful trade and travel; or
       ``(iii) enforce intellectual property rights.
       ``(3) Limitation on transfer.--The Secretary may not--
       ``(A) transfer any equipment or supplies that are 
     designated as a munitions item or controlled on the United 
     States Munitions List pursuant to section 38(a)(1) of the 
     Foreign Military Sales Act (22 U.S.C. 2778(a)(1)); or
       ``(B) transfer any vessel or aircraft.
       ``(4) Related training.--In conjunction with a transfer of 
     equipment pursuant to paragraph (1), the Secretary may 
     provide such equipment-related training and assistance as the 
     Secretary determines to be necessary.
       ``(5) Maintenance of transferred equipment.--The Secretary 
     may provide for the maintenance of transferred equipment 
     through service contracts or other means, with or without 
     reimbursement, as the Secretary considers appropriate.
       ``(6) Reimbursement of expenses.--The Secretary is 
     authorized to collect payment from the receiving entity for 
     the provision of training, shipping costs, supporting 
     materials, maintenance, supplies, or other assistance in 
     support of transferred equipment.
       ``(7) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any amount 
     collected under this section--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the payment is received; and
       ``(B) shall remain available until expended for the purpose 
     of providing for the security interests of the homeland.
       ``(8) Construction.--This subsection shall not be construed 
     to affect, augment, or diminish the authority of the 
     Secretary of State.
       ``(9) Excess nonlethal equipment and supplies defined.--In 
     this section, the term `excess nonlethal equipment and 
     supplies' means equipment and supplies the Secretary has 
     determined are either not required for United States domestic 
     operations, or would be more effective to homeland security 
     if deployed for use outside of the United States.''.
                                 ______
                                 
  SA 3489. Mrs. BOXER (for herself, Ms. Klobuchar, Ms. Cantwell, Mr. 
Blumenthal, Mr. Markey, Mrs. Shaheen, and Mr. Franken) submitted an 
amendment intended to be proposed by her to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION OF FINAL RULE RELATING TO FLIGHTCREW 
                   MEMBER DUTY AND REST REQUIREMENTS FOR PASSENGER 
                   OPERATIONS TO APPLY TO ALL-CARGO OPERATIONS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall modify the final rule specified in subsection (b) so 
     that the flightcrew member duty and rest requirements under 
     that rule apply to flightcrew members in all-cargo operations 
     conducted by air carriers in the same manner as those 
     requirements apply to flightcrew members in passenger 
     operations conducted by air carriers.
       (b) Final Rule Specified.--The final rule specified in this 
     subsection is the final rule of the Federal Aviation 
     Administration--
       (1) published in the Federal Register on January 4, 2012 
     (77 Fed. Reg. 330); and
       (2) relating to flightcrew member duty and rest 
     requirements.
       (c) Applicability of Rulemaking Requirements.--The 
     requirements of section 553 of title 5, United States Code, 
     shall not apply to the modification required by subsection 
     (a).
                                 ______
                                 
  SA 3490. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 5009 and insert the following:

     SEC. 5009. INTERFERENCE WITH AIR CARRIER EMPLOYEES.

       (a) In General.--Section 46503 is amended by inserting 
     after ``to perform those duties'' the following ``, or who 
     assaults an air carrier customer representative in an 
     airport, including a gate or ticket agent, who is performing 
     the duties of the representative or agent,''.
       (b) Conforming Amendment.--Section 46503 is amended in the 
     section heading by inserting ``or air carrier customer 
     representatives'' after ``screening personnel''.
       (c) Clerical Amendment.--The analysis for chapter 465 is 
     amended by striking the item relating to section 46503 and 
     inserting the following:

``46503. Interference with security screening personnel or air carrier 
              customer representatives.''.
                                 ______
                                 
  SA 3491. Mr. ALEXANDER (for himself, Mr. Markey, Mrs. Capito, and 
Mrs. Feinstein) submitted an amendment intended to be proposed by him 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 285, line 18, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 3492. Mr. INHOFE (for himself, Mr. Booker, Ms. Heitkamp, and Mr. 
Whitehouse) submitted an amendment intended to be proposed by him to 
the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 84, between lines 10 and 11, insert the following:
       ``(f) Operation by Owners and Operators of Critical 
     Infrastructure.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Secretary of Transportation 
     shall establish a process under the authority of this 
     section, or a process under this subsection, pursuant to 
     which a covered person may operate an unmanned aircraft 
     system to conduct activities described in paragraph (2)--
       ``(A) beyond the visual line of sight of the individual 
     operating the unmanned aircraft system; and
       ``(B) without any restriction on the time of the operation.
       ``(2) Activities described.--The activities described in 
     this paragraph that a covered

[[Page 3787]]

     person may use an unmanned aircraft system to conduct are the 
     following:
       ``(A) Activities for which compliance with current law or 
     regulation can be accomplished by the use of manned aircraft, 
     including--
       ``(i) conducting activities to ensure compliance with 
     Federal or State regulatory, permit, or other requirements, 
     including to conduct surveys associated with applications for 
     permits for new pipeline or pipeline systems construction or 
     maintenance or rehabilitation of existing pipelines or 
     pipeline systems; or
       ``(ii) conducting activities relating to ensuring 
     compliance with--

       ``(I) the requirements of part 192 or 195 of title 49, Code 
     of Federal Regulations; or
       ``(II) any Federal, State, or local governmental or 
     regulatory body or industry best practice pertaining to the 
     construction, ownership, operation, maintenance, repair, or 
     replacement of covered facilities.

       ``(B) Activities to inspect, repair, construct, maintain, 
     or protect covered facilities, including to respond to a 
     pipeline, pipeline system, or electric energy infrastructure 
     incident, or in response to or in preparation for a natural 
     disaster, man-made disaster, severe weather event, or other 
     incident beyond the control of the covered person that may 
     cause material damage to a covered facility.
       ``(C) Activities not described in subparagraph (A) or (B) 
     if the covered person notifies the local Flight Standards 
     District Office before the operation of the unmanned aircraft 
     system for such activities.
       ``(3) Definitions.--In this subsection:
       ``(A) Covered facility.--The term `covered facility' means 
     a pipeline, pipeline system, electric energy generation, 
     transmission, or distribution facility (including renewable 
     electric energy), oil or gas production, refining, or 
     processing facility, or other critical infrastructure.
       ``(B) Covered person.--The term `covered person' means a 
     person that--
       ``(i) owns or operates a covered facility;
       ``(ii) is the sponsor of a covered facility project;
       ``(iii) is an association of persons described by clause 
     (i) or (ii) and is seeking programmatic approval for an 
     activity in accordance with this subsection; or
       ``(iv) is an agent of any person described in clause (i), 
     (ii), or (iii).
       ``(C) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given that term in section 
     2339D of title 18.''.
                                 ______
                                 
  SA 3493. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
                   FOR THE PUBLIC BENEFIT.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Many volunteer pilots fly for the public benefit for 
     nonprofit organizations and provide valuable services to 
     communities and individuals in need.
       (B) In each calendar year volunteer pilots and the 
     nonprofit organizations those pilots fly for provide long-
     distance, no-cost transportation for tens of thousands of 
     people during times of special need. Flights provide patient 
     and medical transport, disaster relief, and humanitarian 
     assistance, and conduct other charitable missions that 
     benefit the public.
       (C) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during and following disasters and during 
     other times of national emergency.
       (D) Most other kinds of volunteers are protected from 
     liability by the Volunteer Protection Act of 1997 (42 U.S.C. 
     14501 et seq.), but volunteer pilots and the nonprofit 
     organizations those pilots fly for are not.
       (E) Such nonprofit organizations are not able to purchase 
     liability insurance for aircraft they do not own to provide 
     liability protection at a reasonable cost, and therefore face 
     a highly detrimental liability risk.
       (2) Purposes.--The purposes of this section are, by 
     amending the Volunteer Protection Act of 1997--
       (A) to extend the protection of that Act to volunteer 
     pilots and the nonprofit organizations those pilots fly for;
       (B) to promote the activities of volunteer pilots and the 
     nonprofit organizations those pilots fly for in providing 
     flights for the public benefit; and
       (C) to sustain and enhance the availability of the services 
     that such pilots and nonprofit organizations provide, 
     including--
       (i) transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis;
       (ii) flights for humanitarian and charitable purposes; and
       (iii) other flights of compassion.
       (b) Liability Protection for Pilots and Staff of Nonprofit 
     Organizations That Fly for Public Benefit.--Section 4 of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14503) is 
     amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) in subsection (a), by striking ``subsections (b) and 
     (d)'' and inserting ``subsections (b), (c), and (e)'';
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots and Staff of 
     Nonprofit Organizations That Fly for Public Benefit.--Except 
     as provided in subsections (c) and (e), no volunteer of a 
     volunteer pilot nonprofit organization that arranges flights 
     for public benefit shall be liable for harm caused by an act 
     or omission of the volunteer on behalf of the organization 
     if, at the time of the act or omission, the volunteer--
       ``(1) was operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(2) was properly licensed and insured for the operation 
     of the aircraft;
       ``(3) was in compliance with all requirements of the 
     Federal Aviation Administration for recent flight experience; 
     and
       ``(4) did not cause the harm through willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer.''.
       (4) in subsection (d), as redesignated by paragraph (1)--
       (A) by striking ``Nothing in this section'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing in this section''; and
       (B) by adding at the end the following:
       ``(2) Exception.--A volunteer pilot nonprofit organization 
     that arranges flights for public benefit, the staff, mission 
     coordinators, officers, and directors (whether volunteer or 
     otherwise) of that nonprofit organization, and a referring 
     agency of that nonprofit organization, shall not be liable 
     for harm caused to any person by an act or omission of a 
     volunteer on behalf of the organization if, at the time of 
     the act or omission, the volunteer--
       ``(A) is operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(B) is properly licensed for the operation of the 
     aircraft; and
       ``(C) has certified to the nonprofit organization that the 
     volunteer--
       ``(i) has insurance covering the volunteer's operation of 
     the aircraft; and
       ``(ii) is in compliance with all requirements of the 
     Federal Aviation Administration for recent flight 
     experience.''.
                                 ______
                                 
  SA 3494. Mr. WHITEHOUSE (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle A of title II, add the following:

                        PART IV--OPERATOR SAFETY

     SEC. 2161. SHORT TITLE.

       This part may be cited as the ``Drone Operator Safety 
     Act''.

     SEC. 2162. FINDINGS; SENSE OF CONGRESS.

       (a) Finding.--Congress finds that educating operators of 
     unmanned aircraft about the laws and regulations that govern 
     such aircraft helps to ensure their safe operation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Federal Aviation Administration 
     should continue to prioritize the education of operators of 
     unmanned aircraft through public outreach efforts like the 
     ``Know Before You Fly'' campaign.

     SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended--
       (1) in section 31--
       (A) in subsection (a)--
       (i) by redesignating paragraph (10) as paragraph (11); and
       (ii) by inserting after paragraph (9) the following:
       ``(10) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given such term in section 44801 of title 49.''; 
     and
       (B) in subsection (b), by inserting ```airport','' before 
     ```appliance'''; and
       (2) by inserting after section 39A the following:

     ``Sec. 39B. Unsafe operation of unmanned aircraft

       ``(a) Offense.--Any person who intentionally or recklessly 
     operates an unmanned aircraft in a manner that interferes 
     with, or disrupts the operation of, an aircraft carrying 1 or 
     more occupants operating in the special aircraft jurisdiction 
     of the United States, in a manner that poses an imminent 
     safety hazard to such occupants, shall be punished as 
     provided in subsection (b).
       ``(b) Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     punishment for an offense under subsection (a) shall be a 
     fine under

[[Page 3788]]

     this title, imprisonment for not more than 1 year, or both.
       ``(2) Serious bodily injury or death.--The punishment for 
     an offense under subsection (a) during which the offender 
     attempts to cause, or intentionally or recklessly causes, 
     serious bodily injury or death shall be a fine under this 
     title, imprisonment for any term of years or for life, or 
     both.
       ``(c) Operation of Unmanned Aircraft in Close Proximity to 
     Airports.--
       ``(1) In general.--The operation of an unmanned aircraft 
     within a runway exclusion zone shall be considered a 
     violation of subsection (a) unless such operation is approved 
     by the air traffic control facility at the airport or is the 
     result of a malfunction or another cause that could not have 
     been reasonably foreseen or prevented by the operator.
       ``(2) Runway exclusion zone defined.--In this subsection, 
     the term `runway exclusion zone' means a rectangular area--
       ``(A) centered on the centerline of an active runway of an 
     airport immediately around which the airspace is designated 
     as class B, class C, or class D airspace at the surface under 
     part 71 of title 14, Code of Federal Regulations; and
       ``(B) the length of which extends parallel to the runway's 
     centerline to points that are 1 statute mile from each end of 
     the runway and the width of which is \1/2\ statute mile.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of title 18, United States Code, is amended by inserting 
     after the item relating to section 39A the following:

``39B. Unsafe operation of unmanned aircraft.''.
                                 ______
                                 
  SA 3495. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION 
                   OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO 
                   VETERANS EMPLOYMENT PROGRAMS OF THE 
                   ADMINISTRATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration, in consultation with the Secretary of 
     Veterans Affairs, the Secretary of Defense, and the Secretary 
     of Labor, shall determine whether occupations of the 
     Administration relating to unmanned aircraft systems 
     technology and regulations can be incorporated into the 
     Veterans Employment Program of the Administration, 
     particularly in the interaction between such program and the 
     New Sights Work Experience Program and the Vet-Link 
     Cooperative Education Program.
                                 ______
                                 
  SA 3496. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POLICIES TO ADDRESS SECURITY THREATS AFTER A 
                   TERRORIST ATTACK IN A FOREIGN COUNTRY.

       (a) Requirement for Policies.--Not later than 60 days after 
     the date of the enactment of this Act, the Administrator of 
     the Federal Aviation Administration, in coordination with the 
     Secretary of Homeland Security and the Secretary of State, 
     shall develop policies with respect to inter-agency 
     communication in the event of a terrorist attack in a foreign 
     country, which shall include--
       (1) communication with the relevant United States embassy 
     and the heads of the appropriate agencies concerned regarding 
     the existing threat; and
       (2) communication regarding the impact of such threat on 
     the security efforts of the Federal Aviation Administration 
     and the Department of Homeland Security, including U.S. 
     Customs and Border Protection and the Transportation Security 
     Administration.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to Congress a report on 
     the policies developed under subsection (a).
                                 ______
                                 
  SA 3497. Mr. MANCHIN (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER 
                   HEALTH BENEFIT PLAN.

       Section 402 of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1232) is amended--
       (1) in subsection (h)(2)(C)--
       (A) by striking ``A transfer'' and inserting the following:
       ``(i) Transfer to the plan.--A transfer'';
       (B) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and moving such subclauses 2 ems to 
     the right; and
       (C) by striking the matter following such subclause (II) 
     (as so redesignated) and inserting the following:
       ``(ii) Calculation of excess.--The excess determined under 
     clause (i) shall be calculated by taking into account only--

       ``(I) those beneficiaries actually enrolled in the Plan as 
     of the date of the enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016, who are eligible 
     to receive health benefits under the Plan on the first day of 
     the calendar year for which the transfer is made; and
       ``(II) those beneficiaries whose health benefits, defined 
     as those benefits payable directly following death or 
     retirement or upon a finding of disability by an employer in 
     the bituminous coal industry under a coal wage agreement 
     (defined in section 9701(b)(1) of the Internal Revenue Code 
     of 1986), would be denied or reduced as a result of a 
     bankruptcy proceeding commenced in 2012 or 2015.

       ``(iii) Eligibility of certain retirees.--Individuals 
     referred to in clause (ii)(II) shall be treated as eligible 
     to receive health benefits under the Plan.
       ``(iv) Requirements for transfer.--The amount of the 
     transfer otherwise determined under this subparagraph for a 
     fiscal year shall be reduced by any amount transferred for 
     the fiscal year to the Plan, to pay benefits required under 
     the Plan, from a voluntary employees' beneficiary association 
     established as a result of the bankruptcy proceeding 
     described in clause (ii).
       ``(v) VEBA transfer.--The administrator of such voluntary 
     employees' beneficiary association shall transfer to the Plan 
     any amounts received as a result of such bankruptcy 
     proceeding, reduced by an amount for administrative costs of 
     such association.''; and
       (2) in subsection (i)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) Additional amounts.--
       ``(A) Calculation.--If the dollar limitation specified in 
     paragraph (3)(A) exceeds the aggregate amount required to be 
     transferred under paragraphs (1) and (2) for a fiscal year, 
     the Secretary of the Treasury shall transfer an additional 
     amount equal to the difference between such dollar limitation 
     and such aggregate amount to the trustees of the 1974 UMWA 
     Pension Plan to pay benefits required under that plan.
       ``(B) Cessation of transfers.--The transfers described in 
     subparagraph (A) shall cease as of the first fiscal year 
     beginning after the first plan year for which the funded 
     percentage (as defined in section 432(i)(2) of the Internal 
     Revenue Code of 1986) of the 1974 UMWA Pension Plan is at 
     least 100 percent.
       ``(C) Prohibition on benefit increases, etc.--During a 
     fiscal year in which the 1974 UMWA Pension Plan is receiving 
     transfers under subparagraph (A), no amendment of such plan 
     which increases the liabilities of the plan by reason of any 
     increase in benefits, any change in the accrual of benefits, 
     or any change in the rate at which benefits become 
     nonforfeitable under the plan may be adopted unless the 
     amendment is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986.
       ``(D) Treatment of transfers for purposes of withdrawal 
     liability under erisa.--The amount of any transfer made under 
     subparagraph (A) (and any earnings attributable thereto) 
     shall be disregarded in determining the unfunded vested 
     benefits of the 1974 UMWA Pension Plan and the allocation of 
     such unfunded vested benefits to an employer for purposes of 
     determining the employer's withdrawal liability under section 
     4201.
       ``(E) Requirement to maintain contribution rate.--A 
     transfer under subparagraph (A) shall not be made for a 
     fiscal year unless the persons that are obligated to 
     contribute to the 1974 UMWA Pension Plan on the date of the 
     transfer are obligated to make the contributions at rates 
     that are no less than those in effect on the date which is 30 
     days before the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016.
       ``(F) Enhanced annual reporting.--
       ``(i) In general.--Not later than the 90th day of each plan 
     year beginning after the date of enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016, the 
     trustees of the 1974 UMWA Pension Plan shall file with the 
     Pension Benefit Guaranty Corporation a report (including 
     appropriate documentation and actuarial certifications from 
     the plan actuary, as required by the Secretary of Labor) that 
     contains--

[[Page 3789]]

       ``(I) whether the plan is in endangered or critical status 
     under section 305 of the Employee Retirement Income Security 
     Act of 1974 and section 432 of the Internal Revenue Code of 
     1986 as of the first day of such plan year;
       ``(II) the funded percentage (as defined in section 
     432(i)(2) of such Code) as of the first day of such plan 
     year, and the underlying actuarial value of assets and 
     liabilities taken into account in determining such 
     percentage;
       ``(III) the market value of the assets of the plan as of 
     the last day of the plan year preceding such plan year;
       ``(IV) the total value of all contributions made during the 
     plan year preceding such plan year;
       ``(V) the total value of all benefits paid during the plan 
     year preceding such plan year;
       ``(VI) cash flow projections for such plan year and either 
     the 6 or 10 succeeding plan years, at the election of the 
     trustees, and the assumptions relied upon in making such 
     projections;
       ``(VII) funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections;
       ``(VIII) the total value of all investment gains or losses 
     during the plan year preceding such plan year;
       ``(IX) any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction;
       ``(X) a list of employers that withdrew from the plan in 
     the plan year preceding such plan year, and the resulting 
     reduction in contributions;
       ``(XI) a list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability;
       ``(XII) any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year;
       ``(XIII) any scheduled benefit increase or decrease in the 
     plan year preceding such plan year having a material effect 
     on liabilities of the plan;
       ``(XIV) details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan;
       ``(XV) the number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries;
       ``(XVI) the information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f) of 
     the Employee Retirement Income Security Act of 1974;
       ``(XVII) the information contained on the most recent 
     Department of Labor Form 5500 of the plan; and
       ``(XVIII) copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, copies of 
     collective bargaining agreements, and financial reports, and 
     such other information as the Secretary of Labor or the 
     Secretary of the Treasury may require by request to such 
     Corporation.

       ``(ii) Electronic submission.--The report required under 
     clause (i) shall be submitted electronically.
       ``(iii) Information sharing.--The Pension Benefit Guaranty 
     Corporation shall share the information in the report under 
     clause (i) with the Secretary of the Treasury and the 
     Secretary of Labor.
       ``(iv) Excise tax.--If the report required under clause (i) 
     is not filed as of the date described in such clause, there 
     shall be a tax on the 1974 UMWA Pension Plan in the amount of 
     $100 for each day occurring after such date and before the 
     date on which such report is actually filed. The preceding 
     sentence shall not apply if the Pension Benefit Guaranty 
     Corporation determines that reasonable diligence has been 
     exercised by the trustees of such plan in attempting to 
     timely file such report.
       ``(G) 1974 umwa pension plan defined.--For purposes of this 
     paragraph, the term `1974 UMWA Pension Plan' has the meaning 
     given the term in section 9701(a)(3) of the Internal Revenue 
     Code of 1986, but without regard to the limitation on 
     participation to individuals who retired in 1976 and 
     thereafter.''.
                                 ______
                                 
  SA 3498. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. AIR CARRIER ACCESS ACT IMPROVEMENTS.

       Section 41705(c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (6) and (7), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Resolution.--The Secretary shall submit a 
     determination of facts in writing to the complainant and 
     respondent.
       ``(4) Referral.--If the Secretary has reasonable cause to 
     believe that--
       ``(A) any person or group of persons is engaged in a 
     pattern or practice of discrimination under this subchapter; 
     or
       ``(B) any person or group of persons has been discriminated 
     against under this subchapter and such discrimination raises 
     an issue of general public importance,

     the Secretary shall refer such matter to the Attorney 
     General.
       ``(5) Enforcement by attorney general.--
       ``(A) Attorney general.--The Attorney General may commence 
     a civil action in any appropriate United States district 
     court.
       ``(B) Authority of court.--In a civil action under 
     subparagraph (A), the court may--
       ``(i) grant any equitable relief that such court considers 
     to be appropriate;
       ``(ii) award such other relief as the court considers to be 
     appropriate, including monetary damages to persons aggrieved 
     when requested by the Attorney General; and
       ``(iii) assess a civil penalty against the entity.''; and
       (3) in paragraph (7), as redesignated, by striking ``Not 
     later than 180 days after the date of enactment of this 
     subsection, the'' and inserting ``The''.
                                 ______
                                 
  SA 3499. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a review of heads-up 
     guidance system displays (in this section referred to as 
     ``HGS'').
       (b) Contents.--The review required by subsection (a) 
     shall--
       (1) evaluate the impacts of single- and dual-installed HGS 
     technology on the safety and efficiency of aircraft 
     operations within the national airspace system;
       (2) review a sufficient quantity of commercial aviation 
     accidents or incidents in order to evaluate if HGS technology 
     would have produced a better outcome in that accident or 
     incident; and
       (3) update previous HGS studies performed by the Flight 
     Safety Foundation in 1991 and 2009.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report containing the 
     results of the review required by subsection (a).
                                 ______
                                 
  SA 3500. Mr. HOEVEN (for himself, Mr. Warner, Ms. Murkowski, Mr. 
Schumer, Mr. Heller, Mr. Reid, Mr. Kaine, and Mr. Cardin) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 67, line 13, strike ``2017'' and insert ``2022''.
                                 ______
                                 
  SA 3501. Mr. REID (for himself and Mr. Heller) submitted an amendment 
intended to be proposed by him to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5032. EXPANSION OF ALLOWABLE COSTS UNDER PORT OF ENTRY 
                   PARTNERSHIP PILOT PROGRAM.

       (a) In General.--Section 559(e)(3) of the Department of 
     Homeland Security Appropriations Act, 2014 (division F of 
     Public Law 113-76; 6 U.S.C. 211 note) is amended--
       (1) by amending subparagraph (B) to read as follows:
       ``(B) For certain costs.--The authority found in this 
     subsection may only be used at U.S. Customs and Border 
     Protection-serviced air ports of entry to enter into 
     reimbursable fee agreements for--
       ``(i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;

[[Page 3790]]

       ``(ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employees;
       ``(iii) the salaries and expenses of individuals employed 
     by U.S. Customs and Border Protection to support U.S. Customs 
     and Border Protection officers in performing law enforcement 
     functions at ports of entry, including primary and secondary 
     processing of passengers; and
       ``(iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     individuals.''; and
       (2) by striking subparagraph (D).
       (b) Transition Rule.--The Commissioner of U.S. Customs and 
     Border Protection may modify a reimbursable fee agreement 
     entered into under section 559 of the Department of Homeland 
     Security Appropriations Act, 2014 (division F of Public Law 
     113-76; 6 U.S.C. 211 note), as in effect on the day before 
     the date of the enactment of this Act, to include costs 
     specified in subsection (e)(3)(B) of that section, as amended 
     by subsection (a).
                                 ______
                                 
  SA 3502. Mr. REID (for himself and Mr. Heller) submitted an amendment 
intended to be proposed by him to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5___. TECHNICAL CORRECTION.

       Section 5303(r)(2)(C) of title 49, United States Code, is 
     amended--
       (1) by inserting ``and 25 square miles of land area'' after 
     ``145,000''; and
       (2) by inserting ``and 12 square miles of land area'' after 
     ``65,000''.
                                 ______
                                 
  SA 3503. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 2405. COMPLETION OF CERTAIN PROJECTS BY STATE 
                   DEPARTMENTS OF TRANSPORTATION.

       With respect to a proposed construction or alteration for 
     which notice to the Federal Aviation Administration is 
     required under section 77.9 of title 14, Code of Federal 
     Regulations, upon receiving such notice, the Administrator of 
     the Federal Aviation Administration shall allow a State 
     department of transportation to carry out such construction 
     or alteration, and shall not require an aeronautical study 
     under section 77.27 of such title, if such State department 
     of transportation--
       (1) has appropriate engineering expertise to perform the 
     construction or alteration; and
       (2) complies with applicable Federal Aviation 
     Administration standards for the construction or alteration.
                                 ______
                                 
  SA 3504. Ms. KLOBUCHAR (for herself, Mr. Moran, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle B of title IV, add the following:

     SEC. 4209. 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.
                                 ______
                                 
  SA 3505. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GAO STUDY OF UNIVERSAL DEPLOYMENT OF ADVANCED 
                   IMAGING TECHNOLOGIES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the costs that would be incurred--
       (1) to redesign airport security areas to fully deploy 
     advanced imaging technologies at all commercial airports at 
     which security screening operations are conducted by the 
     Transportation Security Administration or through the 
     Screening Partnership Program; and
       (2) to fully deploy advanced imaging technologies at all 
     airports not described in paragraph (1).
       (b) Cost Analysis.--As a part of the study conducted under 
     subsection (a), the Comptroller General shall identify the 
     costs that would be incurred--
       (1) to purchase the equipment and other assets necessary to 
     deploy advanced imaging technologies at each airport;
       (2) to install such equipment and assets in each airport; 
     and
       (3) to maintain such equipment and assets.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     the results of the study conducted under subsection (a) to 
     the appropriate committees of Congress.
                                 ______
                                 
  SA 3506. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. UNIVERSAL DEPLOYMENT OF ADVANCED IMAGING 
                   TECHNOLOGIES.

       (a) Requirement.--Beginning not later than September 30, 
     2018, all commercial airports at which security screening 
     operations are conducted by the Transportation Security 
     Administration or through the Screening Partnership Program 
     shall utilize advanced imaging technologies for their 
     security screening operations.
       (b) Annual Report.--Beginning on October 1, 2018, the 
     Administrator of the Transportation Security Administration 
     shall submit an annual report to the appropriate committees 
     of Congress that--
       (1) explains the reasons for the noncompliance of any of 
     the airports described in subsection (a) with the advanced 
     imaging technologies requirement described in that 
     subsection; and
       (2) describes the steps that are being taken by the 
     Transportation Security Administration to fully deploy 
     advanced imaging technologies at all such airports.
                                 ______
                                 
  SA 3507. Mr. HELLER (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment SA 3464 submitted by Mr. Thune 
(for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5___. EXPANSION OF ALLOWABLE COSTS UNDER PORT OF ENTRY 
                   PARTNERSHIP PILOT PROGRAM.

       (a) In General.--Section 559(e)(3) of the Department of 
     Homeland Security Appropriations Act, 2014 (division F of 
     Public Law 113-76; 6 U.S.C. 211 note) is amended--
       (1) by amending subparagraph (B) to read as follows:
       ``(B) For certain costs.--The authority found in this 
     subsection may only be used at U.S. Customs and Border 
     Protection-serviced air ports of entry to enter into 
     reimbursable fee agreements for--
       ``(i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       ``(ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employees;
       ``(iii) the salaries and expenses of individuals employed 
     by U.S. Customs and Border Protection to support U.S. Customs 
     and Border Protection officers in performing law enforcement 
     functions at ports of entry, including primary and secondary 
     processing of passengers; and
       ``(iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     individuals.''; and
       (2) by striking subparagraph (D).
       (b) Transition Rule.--The Commissioner of U.S. Customs and 
     Border Protection may modify a reimbursable fee agreement 
     entered into under section 559 of the Department of Homeland 
     Security Appropriations Act, 2014 (division F of Public Law 
     113-76; 6 U.S.C. 211 note), as in effect on the day before 
     the date of the enactment of this Act, to include costs 
     specified in subsection (e)(3)(B) of that section, as amended 
     by subsection (a).
                                 ______
                                 
  SA 3508. Ms. COLLINS (for herself, Mrs. Murray, Mr. Tillis, Mr. 
Inhofe, and Mr. Moran) submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 40, line 15, strike ``and'' and all that follows 
     through line 25, and insert the following:

[[Page 3791]]

       (3) indicating how airports can comply with applicable 
     Federal Aviation Administration orders governing weather 
     observations given the current documented limitations of 
     automated surface observing systems; and
       (4) identifying the process through which the Federal 
     Aviation Administration analyzed the safety hazards 
     associated with the elimination of the contract weather 
     observer program.
       (b) Continued Use of Contract Weather Observers.--The 
     Administrator may not discontinue the contract weather 
     observer program at any airport until October 1, 2017.
                                 ______
                                 
  SA 3509. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 3205.
                                 ______
                                 
  SA 3510. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 3205 and insert the following:

     SEC. 3205. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL 
                   COMMUNITIES.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     and the Administrator of the Federal Aviation Administration 
     shall establish a working group--
       (1) to identify obstacles to attracting and maintaining air 
     transportation service to and from small communities; and
       (2) to develop recommendations for maintaining and 
     improving air transportation service to and from small 
     communities.
       (b) Outreach.--In carrying out the requirements under 
     paragraphs (1) and (2) of subsection (a), the working group 
     shall consult with--
       (1) interested Governors;
       (2) representatives of State and local agencies, and other 
     officials and groups, representing rural States and other 
     rural areas;
       (3) other representatives of relevant State and local 
     agencies; and
       (4) members of the public with experience in aviation 
     safety, economic development, and related issues.
       (c) Considerations.--In carrying out the requirements under 
     paragraphs (1) and (2) of subsection (a), the working group 
     shall--
       (1) consider whether funding for, and terms of, current or 
     potential new programs is sufficient to help ensure 
     continuation of or improvement to air transportation service 
     to small communities, including the Essential Air Service 
     Program and the Small Community Air Service Development 
     Program;
       (2) consider whether Federal funding for airports serving 
     small communities, including airports that have lost air 
     transportation services or had decreased enplanements in 
     recent years, is adequate to ensure that small communities 
     have access to quality, affordable air transportation 
     service;
       (3) identify innovative State or local efforts that have 
     established public-private partnerships that are successful 
     in attracting and retaining air transportation service in 
     small communities;
       (4) identify programs and initiatives that would encourage 
     young people to pursue careers as pilots; and
       (5) consider such other issues as the Secretary and 
     Administrator consider appropriate.
       (d) Composition.--
       (1) In general.--The working group shall be facilitated 
     through the Administrator or the Administrator's designee.
       (2) Membership.--Members of the working group shall be 
     appointed by the Administrator and shall include 
     representatives of--
       (A) State and local government, including State and local 
     aviation officials;
       (B) State governors;
       (C) aviation safety experts;
       (D) economic development officials;
       (E) air carrier pilots; and
       (F) the traveling public from small communities.
       (e) Report and Recommendations.--The working group shall 
     submit to the appropriate committees of Congress a report, 
     including--
       (1) a summary of the views expressed by the participants in 
     the outreach under subsection (b);
       (2) a description of the working group's findings, 
     including the identification of any areas of general 
     consensus among the non-Federal participants in the outreach 
     under subsection (b); and
       (3) any recommendations for legislative or regulatory 
     action that would assist in maintaining and improving air 
     transportation service to and from small communities.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to support weakening the pilot qualification 
     standards for first officers, as in effect on the day before 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3511. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. TRAINING AND DEPLOYMENT OF EXPLOSIVES DETECTION 
                   CANINE TEAMS TO CONDUCT AIRPORT SECURITY 
                   SCREENING.

       (a) In General.--The Administrator of the Transportation 
     Security Administration shall train certified explosives 
     detection canine teams--
       (1) to assist the Transportation Security Administration to 
     conduct the screening of passengers at airports; and
       (2) to assist State and local law enforcement agencies to 
     conduct all aspects of airport security other than screening 
     of passengers.
       (b) Assignment of Explosives Detection Canine Teams to 
     Highest-risk Airports.--The Administrator shall assign 
     explosives detection canine teams trained under subsection 
     (a) to the airports the Administrator determines to be the 
     highest-risk airports. In determining which airports are the 
     highest-risk airports, the Administrator shall consider, 
     among other factors, the annual number of takeoffs and 
     landings at each airport.
       (c) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Administrator shall submit 
     a report on the number of explosives detection canine teams 
     in use at airports around the United States and the number of 
     such teams in training to--
       (1) the Committee on Appropriations, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on Appropriations, the Committee on 
     Transportation and Infrastructure, and the Committee on 
     Homeland Security of the House of Representatives.
                                 ______
                                 
  SA 3512. Mr. THUNE (for himself, Mr. Nelson, Ms. Ayotte, and Ms. 
Cantwell) proposed an amendment to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; as follows:

       At the appropriate place, insert the following:

      TITLE ___--TRANSPORTATION SECURITY AND TERRORISM PREVENTION

       Subtitle A--Airport Security Enhancement and Oversight Act

     SEC. _101. SHORT TITLE.

       This subtitle may be cited as the ``Airport Security 
     Enhancement and Oversight Act''.

     SEC. _102. FINDINGS.

       Congress makes the following findings:
       (1) A number of recent airport security breaches in the 
     United States have involved the use of Secure Identification 
     Display Area (referred to in this section as ``SIDA'') 
     badges, the credentials used by airport and airline workers 
     to access the secure areas of an airport.
       (2) In December 2014, a Delta ramp agent at Hartsfield-
     Jackson Atlanta International Airport was charged with using 
     his SIDA badge to bypass airport security checkpoints and 
     facilitate an interstate gun smuggling operation over a 
     number of months via commercial aircraft.
       (3) In January 2015, an Atlanta-based Aviation Safety 
     Inspector of the Federal Aviation Administration used his 
     SIDA badge to bypass airport security checkpoints and 
     transport a firearm in his carry-on luggage.
       (4) In February 2015, a local news investigation found that 
     over 1,000 SIDA badges at Hartsfield-Jackson Atlanta 
     International Airport were lost or missing.
       (5) In March 2015, and again in May 2015, Transportation 
     Security Administration contractors were indicted for 
     participating in a drug smuggling ring using luggage passed 
     through the secure area of the San Francisco International 
     Airport.
       (6) The Administration has indicated that it does not 
     maintain a list of lost or missing SIDA badges, and instead 
     relies on airport operators to track airport worker 
     credentials.
       (7) The Administration rarely uses its enforcement 
     authority to fine airport operators that reach a certain 
     threshold of missing SIDA badges.
       (8) In April 2015, the Aviation Security Advisory Committee 
     issued 28 recommendations for improvements to airport access 
     control.
       (9) In June 2015, the Inspector General of the Department 
     of Homeland Security reported that the Administration did not 
     have all relevant information regarding 73 airport

[[Page 3792]]

     workers who had records in United States intelligence-related 
     databases because the Administration was not authorized to 
     receive all terrorism-related information under current 
     interagency watchlisting policy.
       (10) The Inspector General also found that the 
     Administration did not have appropriate checks in place to 
     reject incomplete or inaccurate airport worker employment 
     investigations, including criminal history record checks and 
     work authorization verifications, and had limited oversight 
     over the airport operators that the Administration relies on 
     to perform criminal history and work authorization checks for 
     airport workers.
       (11) There is growing concern about the potential insider 
     threat at airports in light of recent terrorist activities.

     SEC. _103. DEFINITIONS.

       In this subtitle:
       (1) Administration.--The term ``Administration'' means the 
     Transportation Security Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (4) ASAC.--The term ``ASAC'' means the Aviation Security 
     Advisory Committee established under section 44946 of title 
     49, United States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) SIDA.--The term ``SIDA'' means Secure Identification 
     Display Area as defined in section 1540.5 of title 49, Code 
     of Federal Regulations, or any successor regulation to such 
     section.

     SEC. _104. THREAT ASSESSMENT.

       (a) Insider Threats.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall conduct or 
     update an assessment to determine the level of risk posed to 
     the domestic air transportation system by individuals with 
     unescorted access to a secure area of an airport (as defined 
     in section 44903(j)(2)(H)) in light of recent international 
     terrorist activity.
       (2) Considerations.--In conducting or updating the 
     assessment under paragraph (1), the Administrator shall 
     consider--
       (A) domestic intelligence;
       (B) international intelligence;
       (C) the vulnerabilities associated with unescorted access 
     authority granted to domestic airport operators and air 
     carriers, and their employees;
       (D) the vulnerabilities associated with unescorted access 
     authority granted to foreign airport operators and air 
     carriers, and their employees;
       (E) the processes and practices designed to mitigate the 
     vulnerabilities associated with unescorted access privileges 
     granted to airport operators and air carriers, and their 
     employees;
       (F) the recent security breaches at domestic and foreign 
     airports; and
       (G) the recent security improvements at domestic airports, 
     including the implementation of recommendations made by 
     relevant advisory committees.
       (b) Reports to Congress.--The Administrator shall submit to 
     the appropriate committees of Congress--
       (1) a report on the results of the assessment under 
     subsection (a), including any recommendations for improving 
     aviation security;
       (2) a report on the implementation status of any 
     recommendations made by the ASAC; and
       (3) regular updates about the insider threat environment as 
     new information becomes available and as needed.

     SEC. _105. OVERSIGHT.

       (a) Enhanced Requirements.--
       (1) In general.--Subject to public notice and comment, and 
     in consultation with airport operators, the Administrator 
     shall update the rules on access controls issued by the 
     Secretary under chapter 449 of title 49, United States Code.
       (2) Considerations.--As part of the update under paragraph 
     (1), the Administrator shall consider--
       (A) increased fines and advanced oversight for airport 
     operators that report missing more than 5 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (B) best practices for Category X airport operators that 
     report missing more than 3 percent of credentials for 
     unescorted access to any SIDA of an airport;
       (C) additional audits and status checks for airport 
     operators that report missing more than 3 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (D) review and analysis of the prior 5 years of audits for 
     airport operators that report missing more than 3 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (E) increased fines and direct enforcement requirements for 
     both airport workers and their employers that fail to report 
     within 24 hours an employment termination or a missing 
     credential for unescorted access to any SIDA of an airport; 
     and
       (F) a method for termination by the employer of any airport 
     worker that fails to report in a timely manner missing 
     credentials for unescorted access to any SIDA of an airport.
       (b) Temporary Credentials.--The Administrator may encourage 
     the issuance by airport and aircraft operators of free one-
     time, 24-hour temporary credentials for workers who have 
     reported their credentials missing, but not permanently lost, 
     stolen, or destroyed, in a timely manner, until replacement 
     of credentials under section 1542.211 of title 49 Code of 
     Federal Regulations is necessary.
       (c) Notification and Report to Congress.--The Administrator 
     shall--
       (1) notify the appropriate committees of Congress each time 
     an airport operator reports that more than 3 percent of 
     credentials for unescorted access to any SIDA at a Category X 
     airport are missing or more than 5 percent of credentials to 
     access any SIDA at any other airport are missing; and
       (2) submit to the appropriate committees of Congress an 
     annual report on the number of violations and fines related 
     to unescorted access to the SIDA of an airport collected in 
     the preceding fiscal year.

     SEC. _106. CREDENTIALS.

       (a) Lawful Status.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator shall issue 
     guidance to airport operators regarding placement of an 
     expiration date on each airport credential issued to a non-
     United States citizen no longer than the period of time 
     during which that non-United States citizen is lawfully 
     authorized to work in the United States.
       (b) Review of Procedures.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall--
       (A) issue guidance for transportation security inspectors 
     to annually review the procedures of airport operators and 
     air carriers for applicants seeking unescorted access to any 
     SIDA of an airport; and
       (B) make available to airport operators and air carriers 
     information on identifying suspicious or fraudulent 
     identification materials.
       (2) Inclusions.--The guidance shall require a comprehensive 
     review of background checks and employment authorization 
     documents issued by the Citizenship and Immigration Services 
     during the course of a review of procedures under paragraph 
     (1).

     SEC. _107. VETTING.

       (a) Eligibility Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and subject to public notice and 
     comment, the Administrator shall revise the regulations 
     issued under section 44936 of title 49, United States Code, 
     in accordance with this section and current knowledge of 
     insider threats and intelligence, to enhance the eligibility 
     requirements and disqualifying criminal offenses for 
     individuals seeking or having unescorted access to a SIDA of 
     an airport.
       (2) Disqualifying criminal offenses.--In revising the 
     regulations under paragraph (1), the Administrator shall 
     consider adding to the list of disqualifying criminal 
     offenses and criteria the offenses and criteria listed in 
     section 122.183(a)(4) of title 19, Code of Federal 
     Regulations and section 1572.103 of title 49, Code of Federal 
     Regulations.
       (3) Waiver process for denied credentials.--Notwithstanding 
     section 44936(b) of title 49, United States Code, in revising 
     the regulations under paragraph (1) of this subsection, the 
     Administrator shall--
       (A) ensure there exists or is developed a waiver process 
     for approving the issuance of credentials for unescorted 
     access to the SIDA, for an individual found to be otherwise 
     ineligible for such credentials; and
       (B) consider, as appropriate and practicable--
       (i) the circumstances of any disqualifying act or offense, 
     restitution made by the individual, Federal and State 
     mitigation remedies, and other factors from which it may be 
     concluded that the individual does not pose a terrorism risk 
     or a risk to aviation security warranting denial of the 
     credential; and
       (ii) the elements of the appeals and waiver process 
     established under section 70105(c) of title 46, United States 
     Code.
       (4) Look back.--In revising the regulations under paragraph 
     (1), the Administrator shall propose that an individual be 
     disqualified if the individual was convicted, or found not 
     guilty by reason of insanity, of a disqualifying criminal 
     offense within 15 years before the date of an individual's 
     application, or if the individual was incarcerated for that 
     crime and released from incarceration within 5 years before 
     the date of the individual's application.
       (5) Certifications.--The Administrator shall require an 
     airport or aircraft operator, as applicable, to certify for 
     each individual who receives unescorted access to any SIDA of 
     an airport that--
       (A) a specific need exists for providing that individual 
     with unescorted access authority; and
       (B) the individual has certified to the airport or aircraft 
     operator that the individual

[[Page 3793]]

     understands the requirements for possessing a SIDA badge.
       (6) Report to congress.--Not later than 90 days after the 
     date of enactment, the Administrator shall submit to the 
     appropriate committees of Congress a report on the status of 
     the revision to the regulations issued under section 44936 of 
     title 49, United States Code, in accordance with this 
     section.
       (7) Rule of construction.--Nothing in this subsection may 
     be construed to affect existing aviation worker vetting fees 
     imposed by the Administration.
       (b) Recurrent Vetting.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator and the Director of 
     the Federal Bureau of Investigation shall fully implement the 
     Rap Back service for recurrent vetting of eligible 
     Administration-regulated populations of individuals with 
     unescorted access to any SIDA of an airport.
       (2) Requirements.--As part of the requirement in paragraph 
     (1), the Administrator shall ensure that--
       (A) any status notifications the Administration receives 
     through the Rap Back service about criminal offenses be 
     limited to only disqualifying criminal offenses in accordance 
     with the regulations promulgated by the Administration under 
     section 44903 of title 49, United States Code, or other 
     Federal law; and
       (B) any information received by the Administration through 
     the Rap Back service is provided directly and immediately to 
     the relevant airport and aircraft operators.
       (3) Report to congress.--Not later than 60 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report on the 
     implementation status of the Rap Back service.
       (c) Access to Terrorism-Related Data.--Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator and the Director of National Intelligence shall 
     coordinate to ensure that the Administrator is authorized to 
     receive automated, real-time access to additional Terrorist 
     Identities Datamart Environment (TIDE) data and any other 
     terrorism related category codes to improve the effectiveness 
     of the Administration's credential vetting program for 
     individuals that are seeking or have unescorted access to a 
     SIDA of an airport.
       (d) Access to E-Verify and SAVE Programs.--Not later than 
     90 days after the date of enactment of this Act, the 
     Secretary shall authorize each airport operator to have 
     direct access to the E-Verify program and the Systematic 
     Alien Verification for Entitlements (SAVE) automated system 
     to determine the eligibility of individuals seeking 
     unescorted access to a SIDA of an airport.

     SEC. _108. METRICS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     implement performance metrics to measure the effectiveness of 
     security for the SIDAs of airports.
       (b) Considerations.--In developing the performance metrics 
     under subsection (a), the Administrator may consider--
       (1) adherence to access point procedures;
       (2) proper use of credentials;
       (3) differences in access point requirements between 
     airport workers performing functions on the airside of an 
     airport and airport workers performing functions in other 
     areas of an airport;
       (4) differences in access point characteristics and 
     requirements at airports; and
       (5) any additional factors the Administrator considers 
     necessary to measure performance.

     SEC. _109. INSPECTIONS AND ASSESSMENTS.

       (a) Model and Best Practices.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator, 
     in consultation with the ASAC, shall develop a model and best 
     practices for unescorted access security that--
       (1) use intelligence, scientific algorithms, and risk-based 
     factors;
       (2) ensure integrity, accountability, and control;
       (3) subject airport workers to random physical security 
     inspections conducted by Administration representatives in 
     accordance with this section;
       (4) appropriately manage the number of SIDA access points 
     to improve supervision of and reduce unauthorized access to 
     these areas; and
       (5) include validation of identification materials, such as 
     with biometrics.
       (b) Inspections.--Consistent with a risk-based security 
     approach, the Administrator shall expand the use of 
     transportation security officers and inspectors to conduct 
     enhanced, random and unpredictable, data-driven, and 
     operationally dynamic physical inspections of airport workers 
     in each SIDA of an airport and at each SIDA access point--
       (1) to verify the credentials of airport workers;
       (2) to determine whether airport workers possess prohibited 
     items, except for those that may be necessary for the 
     performance of their duties, as appropriate, in any SIDA of 
     an airport; and
       (3) to verify whether airport workers are following 
     appropriate procedures to access a SIDA of an airport.
       (c) Screening Review.--
       (1) In general.--The Administrator shall conduct a review 
     of airports that have implemented additional airport worker 
     screening or perimeter security to improve airport security, 
     including--
       (A) comprehensive airport worker screening at access points 
     to secure areas;
       (B) comprehensive perimeter screening, including vehicles;
       (C) enhanced fencing or perimeter sensors; and
       (D) any additional airport worker screening or perimeter 
     security measures the Administrator identifies.
       (2) Best practices.--After completing the review under 
     paragraph (1), the Administrator shall--
       (A) identify best practices for additional access control 
     and airport worker security at airports; and
       (B) disseminate the best practices identified under 
     subparagraph (A) to airport operators.
       (3) Pilot program.--The Administrator may conduct a pilot 
     program at 1 or more airports to test and validate best 
     practices for comprehensive airport worker screening or 
     perimeter security under paragraph (2).

     SEC. _110. COVERT TESTING.

       (a) In General.--The Administrator shall increase the use 
     of red-team, covert testing of access controls to any secure 
     areas of an airport.
       (b) Additional Covert Testing.--The Inspector General of 
     the Department of Homeland Security shall conduct red-team, 
     covert testing of airport access controls to the SIDA of 
     airports.
       (c) Reports to Congress.--
       (1) Administrator report.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committee of Congress a report on the 
     progress to expand the use of inspections and of red-team, 
     covert testing under subsection (a).
       (2) Inspector general report.--Not later than 180 days 
     after the date of enactment of this Act, the Inspector 
     General of the Department of Homeland Security shall submit 
     to the appropriate committee of Congress a report on the 
     effectiveness of airport access controls to the SIDA of 
     airports based on red-team, covert testing under subsection 
     (b).

     SEC. _111. SECURITY DIRECTIVES.

       (a) Review.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator, in consultation with the appropriate regulated 
     entities, shall conduct a comprehensive review of every 
     current security directive addressed to any regulated 
     entity--
       (1) to determine whether the security directive continues 
     to be relevant;
       (2) to determine whether the security directives should be 
     streamlined or consolidated to most efficiently maximize risk 
     reduction; and
       (3) to update, consolidate, or revoke any security 
     directive as necessary.
       (b) Notice.--For each security directive that the 
     Administrator issues, the Administrator shall submit to the 
     appropriate committees of Congress notice of--
       (1) the extent to which the security directive responds to 
     a specific threat, security threat assessment, or emergency 
     situation against civil aviation; and
       (2) when it is anticipated that the security directive will 
     expire.

     SEC. _112. IMPLEMENTATION REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) assess the progress made by the Administration and the 
     effect on aviation security of implementing the requirements 
     under sections _104 through _111 of this Act; and
       (2) report to the appropriate committees of Congress on the 
     results of the assessment under paragraph (1), including any 
     recommendations.

     SEC. _113. MISCELLANEOUS AMENDMENTS.

       (a) ASAC Terms of Office.--Section 44946(c)(2)(A) is 
     amended to read as follows:
       ``(A) Terms.--The term of each member of the Advisory 
     Committee shall be 2 years, but a member may continue to 
     serve until the Assistant Secretary appoints a successor. A 
     member of the Advisory Committee may be reappointed.''.
       (b) Feedback.--Section 44946(b)(5) is amended to read as 
     follows:
       ``(5) Feedback.--Not later than 90 days after receiving 
     recommendations transmitted by the Advisory Committee under 
     paragraph (2) or paragraph (4), the Assistant Secretary shall 
     respond in writing to the Advisory Committee with feedback on 
     each of the recommendations, an action plan to implement any 
     of the recommendations with which the Assistant Secretary 
     concurs, and a justification for why any of the 
     recommendations have been rejected.''.

                 Subtitle B--TSA PreCheck Expansion Act

     SEC. _201. SHORT TITLE.

       This subtitle may be cited as the ``TSA PreCheck Expansion 
     Act''.

     SEC. _202. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.

[[Page 3794]]

       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Precheck program.--The term ``PreCheck Program'' means 
     the trusted traveler program implemented by the 
     Transportation Security Administration under section 
     109(a)(3) of the Aviation and Transportation Security Act (49 
     U.S.C. 114).
       (4) TSA.--The term ``TSA'' means the Transportation 
     Security Administration.

     SEC. _203. PRECHECK PROGRAM AUTHORIZATION.

       The Administrator shall continue to administer the PreCheck 
     Program established under the authority of the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597).

     SEC. _204. PRECHECK PROGRAM ENROLLMENT EXPANSION.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall publish 
     PreCheck Program enrollment standards that add multiple 
     private sector application capabilities for the PreCheck 
     Program to increase the public's enrollment access to the 
     program, including standards that allow the use of secure 
     technologies, including online enrollment, kiosks, tablets, 
     or staffed laptop stations at which individuals can apply for 
     entry into the program.
       (b) Requirements.--Upon publication of the PreCheck Program 
     enrollment standards under subsection (a), the Administrator 
     shall--
       (1) coordinate with interested parties--
       (A) to deploy TSA-approved ready-to-market private sector 
     solutions that meet the PreCheck Program enrollment standards 
     under subsection (a);
       (B) to make available additional PreCheck Program 
     enrollment capabilities; and
       (C) to offer secure online and mobile enrollment 
     opportunities;
       (2) partner with the private sector to collect biographic 
     and biometric identification information via kiosks, mobile 
     devices, or other mobile enrollment platforms to increase 
     enrollment flexibility and minimize the amount of travel to 
     enrollment centers for applicants;
       (3) ensure that any information, including biographic 
     information, is collected in a manner that--
       (A) is comparable with the appropriate and applicable 
     standards developed by the National Institute of Standards 
     and Technology; and
       (B) protects privacy and data security, including that any 
     personally identifiable information is collected, retained, 
     used, and shared in a manner consistent with section 552a of 
     title 5, United States Code (commonly known as ``Privacy Act 
     of 1974''), and with agency regulations;
       (4) ensure that the enrollment process is streamlined and 
     flexible to allow an individual to provide additional 
     information to complete enrollment and verify identity; and
       (5) ensure that any enrollment expansion using a private 
     sector risk assessment instead of a fingerprint-based 
     criminal history records check is determined, by the 
     Secretary of Homeland Security, to be equivalent to a 
     fingerprint-based criminal history records check conducted 
     through the Federal Bureau of Investigation.
       (c) Marketing of PreCheck Program.--Upon publication of 
     PreCheck Program enrollment standards under subsection (a), 
     the Administrator shall--
       (1) in accordance with those standards, develop and 
     implement--
       (A) a continual process, including an associated timeframe, 
     for approving private sector marketing of the PreCheck 
     Program; and
       (B) a long-term strategy for partnering with the private 
     sector to encourage enrollment in such program;
       (2) submit to Congress, at the end of each fiscal year, a 
     report on any PreCheck Program application fees collected in 
     excess of the costs of administering the program, including 
     to access the feasibility of the program, for the preceding 
     fiscal year; and
       (3) include in the report under paragraph (2) 
     recommendations for using such amounts to support marketing 
     of the program under this subsection.
       (d) Identity Verification Enhancement.--Not later than 120 
     days after the date of enactment of this Act, the 
     Administrator shall--
       (1) coordinate with the heads of appropriate components of 
     the Department to leverage department-held data and 
     technologies to verify the citizenship of individuals 
     enrolling in the PreCheck Program;
       (2) partner with the private sector to use biometrics and 
     authentication standards, such as relevant standards 
     developed by the National Institute of Standards and 
     Technology, to facilitate enrollment in the program; and
       (3) consider leveraging the existing resources and 
     abilities of airports to conduct fingerprint and background 
     checks to expedite identity verification.
       (e) PreCheck Program Lanes Operation.--The Administrator 
     shall--
       (1) ensure that PreCheck Program screening lanes are open 
     and available during peak and high-volume travel times at 
     appropriate airports to individuals enrolled in the PreCheck 
     Program; and
       (2) make every practicable effort to provide expedited 
     screening at standard screening lanes during times when 
     PreCheck Program screening lanes are closed to individuals 
     enrolled in the program in order to maintain operational 
     efficiency.
       (f) Vetting for PreCheck Program Participants.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Administrator shall initiate an assessment to identify any 
     security vulnerabilities in the vetting process for the 
     PreCheck Program, including determining whether subjecting 
     PreCheck Program participants to recurrent fingerprint-based 
     criminal history records checks, in addition to recurrent 
     checks against the terrorist watchlist, could be done in a 
     cost-effective manner to strengthen the security of the 
     PreCheck Program.

 Subtitle C--Securing Aviation From Foreign Entry Points and Guarding 
             Airports Through Enhanced Security Act of 2016

     SEC. _301. SHORT TITLE.

       This subtitle may be cited as the ``Securing Aviation from 
     Foreign Entry Points and Guarding Airports Through Enhanced 
     Security Act of 2016''.

     SEC. _302. LAST POINT OF DEPARTURE AIRPORT SECURITY 
                   ASSESSMENT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall conduct a 
     comprehensive security risk assessment of all last point of 
     departure airports with nonstop flights to the United States.
       (b) Contents.--The security risk assessment required under 
     subsection (a) shall include consideration of the following:
       (1) The level of coordination and cooperation between the 
     Transportation Security Administration and the foreign 
     government of the country in which the last point of 
     departure airport with nonstop flights to the United States 
     is located.
       (2) The intelligence and threat mitigation capabilities of 
     the country in which such airport is located.
       (3) The number of known or suspected terrorists annually 
     transiting through such airport.
       (4) The passenger security screening practices, 
     capabilities, and capacity of such airport.
       (5) The security vetting undergone by aviation workers at 
     such airport.
       (6) The access controls utilized by such airport to limit 
     to authorized personnel access to secure and sterile areas of 
     such airports.

     SEC. _303. SECURITY COORDINATION ENHANCEMENT PLAN.

       (a) In General.--Not later than 240 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit to 
     Congress and the Government Accountability Office a plan--
       (1) to enhance and bolster security collaboration, 
     coordination, and information sharing relating to securing 
     international-inbound aviation between the United States and 
     domestic and foreign partners, including U.S. Customs and 
     Border Protection, foreign government entities, passenger air 
     carriers, cargo air carriers, and United States Government 
     entities, in order to enhance security capabilities at 
     foreign airports, including airports that may not have 
     nonstop flights to the United States but are nonetheless 
     determined by the Administrator to be high risk; and
       (2) that includes an assessment of the ability of the 
     Administration to enter into a mutual agreement with a 
     foreign government entity that permits Administration 
     representatives to conduct without prior notice inspections 
     of foreign airports.
       (b) GAO Review.--Not later than 180 days after the 
     submission of the plan required under subsection (a), the 
     Comptroller General of the United States shall review the 
     efforts, capabilities, and effectiveness of the 
     Transportation Security Administration to enhance security 
     capabilities at foreign airports and determine if the 
     implementation of such efforts and capabilities effectively 
     secures international-inbound aviation.

     SEC. _304. WORKFORCE ASSESSMENT.

       Not later than 270 days after the date of enactment of this 
     Act, the Administrator of the Transportation Security 
     Administration shall submit to Congress a comprehensive 
     workforce assessment of all Administration personnel within 
     the Office of Global Strategies of the Administration or 
     whose primary professional duties contribute to the 
     Administration's global efforts to secure transportation 
     security, including a review of whether such personnel are 
     assigned in a risk-based, intelligence-driven manner.

     SEC. _305. DONATION OF SCREENING EQUIPMENT TO PROTECT THE 
                   UNITED STATES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration is authorized to donate security 
     screening equipment to a foreign last point of departure 
     airport operator if such equipment can be reasonably expected 
     to mitigate a specific vulnerability to the security of the 
     United States or United States citizens.
       (b) Report.--Not later than 30 days before any donation of 
     security screening equipment pursuant to subsection (a), the 
     Administrator of the Transportation Security Administration 
     shall provide to the Committee

[[Page 3795]]

     on Homeland Security and Governmental Affairs and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives a detailed written explanation of the 
     following:
       (1) The specific vulnerability to the United States or 
     United States citizens that will be mitigated by such 
     donation.
       (2) An explanation as to why the recipient of such donation 
     is unable or unwilling to purchase security screening 
     equipment to mitigate such vulnerability.
       (3) An evacuation plan for sensitive technologies in case 
     of emergency or instability in the country to which such 
     donation is being made.
       (4) How the Administrator will ensure the security 
     screening equipment that is being donated is used and 
     maintained over the course of its life by the recipient.
       (5) The total dollar value of such donation.

     SEC. _306. NATIONAL CARGO SECURITY PROGRAM.

       (a) In General.--The Administrator of the Transportation 
     Security Administration may evaluate foreign countries' air 
     cargo security programs to determine whether such programs 
     provide a level of security commensurate with the level of 
     security required by United States air cargo security 
     programs.
       (b) Approval and Recognition.--
       (1) In general.--If the Administrator of the Transportation 
     Security Administration determines that a foreign country's 
     air cargo security program evaluated under subsection (a) 
     provides a level of security commensurate with the level of 
     security required by United States air cargo security 
     programs, the Administrator shall approve and officially 
     recognize such foreign country's air cargo security program.
       (2) Effect of approval and recognition.--If the 
     Administrator of the Transportation Security Administration 
     approves and officially recognizes pursuant to paragraph (1) 
     a foreign country's air cargo security program, cargo 
     aircraft of such foreign country shall not be required to 
     adhere to United States air cargo security programs that 
     would otherwise be applicable.
       (c) Revocation and Suspension.--
       (1) In general.--If the Administrator of the Transportation 
     Security Administration determines at any time that a foreign 
     country's air cargo security program approved and officially 
     recognized under subsection (b) no longer provides a level of 
     security commensurate with the level of security required by 
     United States air cargo security programs, the Administrator 
     may revoke or temporarily suspend such approval and official 
     recognition until such time as the Administrator determines 
     that such foreign country's cargo security programs provide a 
     level of security commensurate with the level of security 
     required by such United States air cargo security programs.
       (2) Notification.--If the Administrator of the 
     Transportation Security Administration revokes or suspends 
     pursuant to paragraph (1) a foreign country's air cargo 
     security program, the Administrator shall notify the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 30 days after 
     such revocation or suspension.

                       Subtitle D--Miscellaneous

     SEC. _401. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

       (a) In General.--In accordance with section 114 of title 
     49, United States Code, the Administrator of the 
     Transportation Security Administration shall establish an 
     international training and capacity development program to 
     train the appropriate authorities of foreign governments in 
     air transportation security.
       (b) Contents of Training.--If the Administrator determines 
     that a foreign government would benefit from training and 
     capacity development assistance, the Administrator may 
     provide to the appropriate authorities of that foreign 
     government technical assistance and training programs to 
     strengthen aviation security in managerial, operational, and 
     technical areas, including--
       (1) active shooter scenarios;
       (2) incident response;
       (3) use of canines;
       (4) mitigation of insider threats;
       (5) perimeter security;
       (6) operation and maintenance of security screening 
     technology; and
       (7) recurrent related training and exercises.

     SEC. _402. CHECKPOINTS OF THE FUTURE.

       (a) In General.--The Administrator of the Transportation 
     Security Administration, in accordance with chapter 449 of 
     title 49, United States Code, shall request the Aviation 
     Security Advisory Committee to develop recommendations for 
     more efficient and effective passenger screening processes.
       (b) Considerations.--In making recommendations to improve 
     existing passenger screening processes, the Aviation Security 
     Advisory Committee shall consider--
       (1) the configuration of a checkpoint;
       (2) technology innovation;
       (3) ways to address any vulnerabilities identified in 
     audits of checkpoint operations;
       (4) ways to prevent security breaches at airports where 
     Federal security screening is provided;
       (5) best practices in aviation security;
       (6) recommendations from airport and aircraft operators, 
     and any relevant advisory committees; and
       (7) ``curb to curb'' processes and procedures.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the results of 
     the Aviation Security Advisory Committee review, including 
     any recommendations for improving screening processes.
                                 ______
                                 
  SA 3513. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 636, to amend the Internal Revenue Code of 1986 
to permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 111, strike line 14, and insert the following:
       ``(d) Criminal Penalty.--A person who violates subsection 
     (a) may be fined under title 18, imprisoned for not more than 
     5 years, or both.
       ``(e) Compromise and Setoff.--The United States''.
                                 ______
                                 
  SA 3514. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. 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 math education, and 
     mentorship programs, to encourage and support female students 
     and aviators to pursue a career in aviation.
                                 ______
                                 
  SA 3515. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. LEADERSHIP WITH RESPECT TO GREENHOUSE GAS 
                   EMISSIONS BY AIRCRAFT.

       The Administrator of the Federal Aviation Administration 
     shall--
       (1) exercise leadership in establishing an international 
     approach to reducing greenhouse gas emissions attributable to 
     aircraft; and
       (2) encourage the deployment of advanced technology to 
     further reduce such emissions.
                                 ______
                                 
  SA 3516. Mr. CORNYN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

          TITLE __--CROSS-BORDER TRADE ENHANCEMENT ACT OF 2016

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Cross-Border Trade 
     Enhancement Act of 2016''.

     SEC. _02. REPEAL AND TRANSITION PROVISION.

       (a) Repeal.--Subject to subsections (b) and (c), section 
     560 of the Department of Homeland Security Appropriations 
     Act, 2013 (division D of Public Law 113-6; 127 Stat. 378) and 
     section 559 of the Department of Homeland Security 
     Appropriations Act, 2014 (division F of Public Law 113-76; 6 
     U.S.C. 211 note) are repealed.
       (b) Agreements in Effect.--Notwithstanding subsection (a), 
     nothing in this Act may be construed as affecting in any 
     manner an agreement entered into pursuant to section 560 of 
     the Department of Homeland Security Appropriations Act, 2013 
     (division D of Public Law 113-6; 127 Stat. 378) or section 
     559 of the Department of Homeland Security Appropriations 
     Act, 2014 (division F of Public Law 113-76; 6 U.S.C. 211 
     note) that is in effect on the day before the date of the 
     enactment of this Act, and any such agreement shall continue 
     to have full force and effect on and after such date.
       (c) Proposed Agreements.--Notwithstanding subsection (a), 
     nothing in this Act may be construed as affecting in any 
     manner a proposal accepted for consideration by U.S. Customs 
     and Border Protection pursuant to section 559 of the 
     Department of Homeland

[[Page 3796]]

     Security Appropriations Act, 2014 (division F of Public Law 
     113-76; 6 U.S.C. 211 note) that was accepted prior to the 
     date of the enactment of this Act.

     SEC. _03. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' mean the 
     General Services Administration.
       (2) Administrator.--The term ``Administrator'' mean the 
     Administrator of the Administration.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (4) Donation agreement.--The term ``donation agreement'' 
     means an agreement made under section _05(a).
       (5) Fee agreement.--The term ``fee agreement'' means an 
     agreement made by the Commissioner under section _04(a)(1).
       (6) Person.--The term ``person'' means--
       (A) an individual;
       (B) a corporation, partnership, trust, estate, association, 
     or any other private or public entity;
       (C) a Federal, State, or local government;
       (D) any subdivision, agency, or instrumentality of a 
     Federal, State, or local government; or
       (E) any other governmental entity.
       (7) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (A) the Committee on Environment and Public Works, the 
     Committee on Finance, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on the Judiciary of 
     the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     the Judiciary, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.

     SEC. _04. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR THE 
                   PROVISION OF CERTAIN SERVICES OF U.S. CUSTOMS 
                   AND BORDER PROTECTION.

       (a) Fee Agreements.--
       (1) Authority for fee agreements.--Notwithstanding section 
     13031(e) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff 
     Act of 1930 (19 U.S.C. 1451), the Commissioner may, upon the 
     request of any person, enter into an agreement with that 
     person under which--
       (A) U.S. Customs and Border Protection will provide the 
     services described in paragraph (2) at a port of entry or any 
     other facility where U.S. Customs and Border Protection 
     provides or will provide services;
       (B) such person will remit a fee imposed under subsection 
     (b) to U.S. Customs and Border Protection in an amount equal 
     to the full costs incurred or that will be incurred in 
     providing such services; and
       (C) any additional facilities which U.S. Customs and Border 
     Protection deems necessary for the provision of services 
     under an agreement entered into under this section shall be 
     provided, maintained, and equipped by such person in 
     accordance with U.S. Customs and Border Protection 
     specifications.
       (2) Services described.--Services described in this 
     paragraph are any services related to, or in support of, 
     customs, agricultural processing, border security, or 
     inspection-related immigration matters provided by an 
     employee or contractor of U.S. Customs and Border Protection 
     at ports of entry or any other facility where U.S. Customs 
     and Border Protection provides or will provide services.
       (3) Modification of prior agreements.--The Commissioner, at 
     the request of a person who has previously entered into an 
     agreement with U.S. Customs and Border Protection for the 
     reimbursement of fees in effect on the date of enactment of 
     this Act, may modify such agreement to implement any 
     provisions of this title.
       (4) Numerical limitations.--Except as provided in 
     paragraphs (5) and (6), there shall be no limit to the number 
     of fee agreements that may be entered into by the 
     Commissioner.
       (5) Authority for numerical limitations.--
       (A) Resource availability.--If the Commissioner finds that 
     resource or allocation constraints would prevent U.S. Customs 
     and Border Protection from fulfilling, in whole or in part, 
     requests for services under the terms of existing or proposed 
     fee agreements, the Commissioner shall impose annual limits 
     on the number of new fee agreements.
       (B) Annual review.--If the Commissioner limits the number 
     of new fee agreements under this paragraph, the Commissioner 
     shall annually evaluate and reassess such limits and publish 
     the results of such evaluation and affirm any such limits 
     that shall remain in effect in a publicly available format.
       (6) Numerical limitations at air ports of entry.--
       (A) In general.--The Commissioner may not enter into more 
     than 10 fee agreements to provide U.S. Customs and Border 
     Protection services at air ports of entry.
       (B) Certain costs.--A fee agreement for U.S. Customs and 
     Border Protection services at an air port of entry may only 
     provide for the reimbursement of--
       (i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       (ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employee;
       (iii) the salaries and expenses of employees of U.S. 
     Customs and Border Protection to support U.S. customs and 
     Border Protection officers in performing law enforcement 
     functions at air ports of entry, including primary and 
     secondary processing of passengers; and
       (iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     employees.
       (C) Preclearance.--The authority in the section may not be 
     used to enter into new preclearance agreements or initiate 
     the provision of U.S. Customs and Border Protection services 
     outside of the United States.
       (7) Denied application.--If the Commissioner denies a 
     proposal for a fee agreement, the Commission shall provide 
     the person who submitted the proposal a detailed 
     justification for the denial.
       (8) Construction.--Nothing in this section may be 
     construed--
       (A) to require a person entering into a fee agreement to 
     cover costs that are otherwise the responsibility of the U.S. 
     Customs and Border Protection or any other agency of the 
     Federal Government and are not incurred, or expected to be 
     incurred, to cover services specifically covered by an 
     agreement entered into under authorities provided by this 
     title; or
       (B) to unduly and permanently reduce the responsibilities 
     or duties of U.S. Customs and Border Protection to provide 
     services at ports of entry that have been authorized or 
     mandated by law and are funded in any appropriation Act or 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees.
       (b) Fee.--
       (1) In general.--A person who enters into a fee agreement 
     shall pay a fee pursuant to such agreement in an amount equal 
     to the full cost of U.S. Customs and Border Protection--
       (A) of the salaries and expenses of individuals employed or 
     contracted by U.S. Customs and Border Protection to provide 
     such services; and
       (B) of other costs incurred by U.S. Customs and Border 
     Protection related to providing such services, such as 
     temporary placement or permanent relocation of employees.
       (2) Advance payment.--The Commissioner, with approval from 
     a person requesting services of U.S. Customs and Border 
     Protection services pursuant to a fee agreement, may accept 
     the fee for services prior to providing such services.
       (3) Oversight of fees.--The Commissioner shall develop a 
     process to oversee the activities for which fees are charged 
     pursuant to a fee agreement that includes the following:
       (A) A determination and report on the full cost of 
     providing services, including direct and indirect costs, as 
     well as a process, through consultation with affected parties 
     and other interested stakeholders, for increasing such fees 
     as necessary.
       (B) The establishment of a periodic remittance schedule to 
     replenish appropriations, accounts or funds, as necessary.
       (C) The identification of costs paid by such fees.
       (4) Deposit of funds.--Amounts collected pursuant to a fee 
     agreement shall--
       (A) be deposited as an offsetting collection;
       (B) remain available until expended, without fiscal year 
     limitation; and
       (C) be credited to the applicable appropriation, account, 
     or fund for the amount paid out of that appropriation, 
     account, or fund for--
       (i) any expenses incurred or to be incurred by U.S. Customs 
     and Border Protection in providing such services; and
       (ii) any other costs incurred by U.S. Customs and Border 
     Protection relating to such services.
       (5) Termination.--
       (A) In general.--The Commissioner shall terminate the 
     services provided pursuant to a fee agreement with a person 
     that, after receiving notice from the Commissioner that a fee 
     imposed under the fee agreement is due, fails to pay such fee 
     in a timely manner.
       (B) Effect of termination.--At the time services are 
     terminated pursuant to subparagraph (A), all costs incurred 
     by U.S. Customs and Border Protection which have not been 
     paid, will become immediately due and payable.
       (C) Interest.--Interest on unpaid fees will accrue based on 
     the quarterly rate(s) established under sections 6621 and 
     6622 of the Internal Revenue Code of 1986.
       (D) Penalties.--Any person that fails to pay any fee 
     incurred under a fee agreement in a timely manner, after 
     notice and demand for payment, shall be liable for a penalty 
     or liquidated damage equal to 2 times the amount of such fee.
       (E) Amount collected.--Any amount collected pursuant to a 
     fee agreement shall be deposited into the account specified 
     under paragraph (4) and shall be available as described 
     therein.
       (F) Return of unused funds.--The Commissioner shall return 
     any unused funds collected under a fee agreement that is 
     terminated for any reason, or in the event that the terms of 
     such agreement change by mutual

[[Page 3797]]

     agreement to cause a reduction of U.S. Customs and Border 
     Protections services. No interest shall be owed upon the 
     return of any unused funds.
       (c) Annual Report and Notice to Congress.--The Commissioner 
     shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each fee agreement made during the 
     previous year; and
       (2) not less than 3 days before entering into a fee 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (d) Effective Period.--The authority for the Commission to 
     enter into new fee agreements shall be in effect until 
     September 30, 2025. Any fee agreement entered into prior to 
     that date shall remain in effect under the terms of that fee 
     agreement.

     SEC. _05. AUTHORITY TO ENTER INTO AGREEMENTS TO ACCEPT 
                   DONATIONS FOR PORTS OF ENTRY.

       (a) Agreements Authorized.--
       (1) Commissioner.--The Commissioner, in collaboration with 
     the Administrator as provided under subsection (f), may enter 
     into an agreement with any person to accept a donation of 
     real or personal property, including monetary donations, or 
     nonpersonal services, for activities in subsection (b) at a 
     new or existing land, sea, or air port of entry, or any 
     facility or other infrastructure at a location where U.S. 
     Customs and Border Protection performs or will be performing 
     inspection services within the United States.
       (2) Administrator.--Where the Administrator owns or leases 
     a new or existing land port of entry, facility, or other 
     infrastructure at a location where U.S. Customs and Border 
     Protection performs or will be performing inspection 
     services, the Administrator, in collaboration with the 
     Commissioner, may enter into an agreement with any person to 
     accept a donation of real or personal property, including 
     monetary donations, or nonpersonal services, at that location 
     for activities set forth in subsection (b).
       (b) Use.--A donation made under a donation agreement may be 
     used for activities related to construction, alteration, 
     operation or maintenance, including expenses related to--
       (1) land acquisition, design, construction, repair, and 
     alteration;
       (2) furniture, fixtures, equipment, and technology, 
     including installation and the deployment thereof; and
       (3) operation and maintenance of the facility, 
     infrastructure, equipment, and technology.
       (c) Limitation on Monetary Donations.--Any monetary 
     donation accepted pursuant to a donation agreement may not be 
     used to pay the salaries of employees of U.S. Customs and 
     Border Protection who perform inspection services.
       (d) Transfer.--
       (1) Authority to transfer.--Donations accepted by the 
     Commissioner or the Administrator under a donation agreement 
     may be transferred between U.S. Customs and Border Protection 
     and the Administration.
       (2) Notification.--Prior to executing a transfer under this 
     subsection, the Commissioner or Administrator shall notify a 
     person that entered into the donation agreement of an intent 
     to transfer the donated property or services.
       (e) Term of Donation Agreement.--The term of a donation 
     agreement may be as long as is required to meet the terms of 
     the agreement.
       (f) Role of Administrator.--The Administrator's role, 
     involvement, and authority under this section is limited with 
     respect to donations made at new or existing land ports of 
     entry, facilities, or other infrastructure owned or leased by 
     the Administration.
       (g) Evaluation Procedures.--
       (1) Requirements for procedures.--Not later than 180 days 
     after the date of enactment, the Commissioner, in 
     consultation with the Administrator as appropriate, shall 
     issue procedures for evaluating proposals for donation 
     agreements.
       (2) Availability.--The procedures issued under paragraph 
     (1) shall be made available to the public.
       (3) Cost-sharing arrangements.--In issuing the procedures 
     under paragraph (1), the Commissioner, in consultation with 
     the Administration, shall evaluate the use of authorities 
     provided under this section to enter into cost-sharing or 
     reimbursement agreements with eligible persons and determine 
     whether such agreements may improve facility conditions or 
     inspection services at new or existing land, sea, or air 
     ports of entry.
       (h) Determination and Notification.--
       (1) In general.--Not later than 60 days after receiving a 
     proposal for a donation agreement, the Commissioner, and 
     Administrator if applicable, shall notify the person that 
     submitted the proposal as to whether it is complete or 
     incomplete.
       (2) Incomplete proposals.--If the Commissioner, and 
     Administrator if applicable, determines that a proposal is 
     incomplete, the person that submitted the proposal shall be 
     notified and provided with--
       (A) a detailed description of all specific information or 
     material that is needed to complete review of the proposal; 
     and
       (B) allow the person to resubmit the proposal with 
     additional information and material described under 
     subparagraph (A) to complete the proposal.
       (3) Complete applications.--Not later than 180 days after 
     receiving a completed and final proposal for a donation 
     agreement, the Commissioner, and Administrator if applicable, 
     shall--
       (A) make a determination whether to deny or approve the 
     proposal; and
       (B) notify the person that submitted the proposal of the 
     determination.
       (4) Considerations.--In making the determination under 
     paragraph (3)(A), the Commissioner, and Administrator if 
     applicable, shall consider--
       (A) the impact of the proposal on reducing wait times at 
     that port of entry or facility and other ports of entry on 
     the same border;
       (B) the potential of the proposal to increase trade and 
     travel efficiency through added capacity; and
       (C) the potential of the proposal to enhance the security 
     of the port of entry or facility.
       (i) Supplemental Funding.--Any property, including monetary 
     donations and nonpersonal services, donated pursuant to a 
     donation agreement may be used in addition to any other 
     funds, including appropriated funds, property, or services 
     made available for the same purpose.
       (j) Return of Donation.--If the Commissioner or the 
     Administrator does not use the property or services donated 
     pursuant to a donation agreement, such donated property or 
     services shall be returned to the person that made the 
     donation.
       (k) Interest Prohibited.--No interest may be owed on any 
     donation returned to a person under this subsection.
       (l) Annual Report and Notice to Congress.--The 
     Commissioner, in collaboration with the Administrator if 
     applicable, shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each donation agreement made during 
     the previous year; and
       (2) not less than 3 days before entering into a donation 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (m) Rule of Construction.--Except as otherwise provided in 
     this section, nothing in this section may be construed as 
     affecting in any manner the responsibilities, duties, or 
     authorities of U.S. Customs and Border Protection or the 
     Administration.
       (n) Effective Period.--The authority for the Commission or 
     the Administrator to enter into new donation agreements shall 
     be in effect until September 30, 2025. Any donation agreement 
     entered into prior to that date shall remain in effect under 
     the terms of that donation agreement.
                                 ______
                                 
  SA 3517. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 45, after line 20, add the following:
       (e) GAO Report on Mothers' Rooms at Airports.--Not later 
     than 2 years after the date of the enactment of this Act, the 
     Comptroller General of the United States shall--
       (1) conduct a study of the availability and quality of 
     lactation areas (as defined in section 47102 of title 49, 
     United States Code, as amended by subsection (a)) at major 
     national airports; and
       (2) make recommendations for improving accessibility to and 
     quality of such areas at such airports.

     SEC. 1223. PUBLIC-PRIVATE WORKING GROUP ON IMPROVING AIR 
                   SERVICE FOR FAMILIES.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     and the Administrator of the Federal Aviation Administration 
     shall establish a public-private working group (in this 
     section referred to as the ``working group'')--
       (1) to examine current policies and practices of airports 
     and air carriers for accommodating the needs of traveling 
     families and pregnant women; and
       (2) to develop recommendations for improving air service 
     for families and pregnant women.
       (b) Considerations.--In carrying out the requirements under 
     subsection (a), the working group shall--
       (1) review current air carrier, security screening, and 
     airport policies and practices for accommodating families and 
     pregnant women;
       (2) identify best practices and innovations for easing 
     travel for families with children or older adults and 
     pregnant women;
       (3) propose improvements to security screening procedures 
     that minimize the instances requiring parents to be separated 
     from their children;
       (4) suggest accommodations and changes that should be made 
     in airports for pregnant passengers and pregnant workers, 
     such as access to clean nursing rooms;

[[Page 3798]]

       (5) suggest accommodations and changes that should be made 
     in airports for new parents traveling with young children, 
     including play areas for children;
       (6) recommend improvements for on-boarding and off-boarding 
     for pregnant women and families traveling with children or 
     older adults, including advance boarding, and to ensure that 
     families travel together in the aircraft cabin, to the extent 
     possible;
       (7) identify initiatives for ensuring all relevant 
     stakeholders, including airport operators and air carriers, 
     have the latest information regarding the effect of air 
     transportation on the health needs of pregnant women and 
     young children; and
       (8) consider such other issues as the working group 
     considers appropriate for improving the overall travel 
     experience for families and pregnant women.
       (c) Membership.--Members of the working group shall be 
     appointed by the Administrator and shall include 
     representatives of--
       (1) the Department of Transportation;
       (2) the Federal Aviation Administration;
       (3) the Department of Health and Human Services;
       (4) the Department of Labor;
       (5) other relevant agencies;
       (6) nongovernmental organizations that represent women and 
     families caring for children or older adults;
       (7) consumer advocacy groups; and
       (8) air carriers.
       (d) Report and Recommendations.--Not later than one year 
     after the date of the enactment of this Act, the Secretary 
     and the Administrator shall submit to the appropriate 
     committees of Congress, and release on a publicly accessible 
     website, a report that includes--
       (1) an overview of the working group's findings;
       (2) a description of the working group's recommendations 
     for airport operators and air carriers; and
       (3) any recommendations for legislative or regulatory 
     action that would assist in improving air service for 
     families and pregnant women.
       (e) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the working group.
       (f) Termination.--The working group shall terminate on the 
     date that is 2 years after the date of the enactment of this 
     Act.

                          ____________________