[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3978-4044]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3640. Mr. PORTMAN (for himself and Mr. Brown) 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:

       After section 2125, insert the following:

     SEC. 2126. PILOT PROGRAM TO INTEGRATE UNMANNED AIRCRAFT 
                   SYSTEMS INTO THE NATIONAL AIRSPACE.

       (a) Additional Test Ranges.--Paragraph (1) of section 
     332(c) of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 40101 note) is amended--
       (1) by striking ``Not later than'' and inserting the 
     following;
       ``(A) Initial test ranges.--Not later than''; and
       (2) by adding at the end the following:
       ``(B) Additional test ranges.--
       ``(i) Requirement.--Not later than 180 days after the date 
     of the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall 
     establish 4 additional test ranges under the program 
     established under subparagraph (A).
       ``(ii) Application.--The Administrator shall--

       ``(I) permit a State that submitted an application to be a 
     test range prior to such date of enactment to use that prior 
     submission, or a modified version of that submission, as an 
     application to be a test range under clause (i); and
       ``(II) permit States that did not submit an application to 
     be a test range prior to such date of enactment to apply to 
     be a test range under clause (i).''.

       (b) Conforming Amendment.--Paragraph (3) of section 332(c) 
     of the FAA Modernization and Reform Act of 2012 (Public Law 
     112-95; 49 U.S.C. 40101 note) is amended by striking ``6''.
                                 ______
                                 
  SA 3641. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. 
Schumer) 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. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN 
                   UNITED STATES PERSONNEL STATIONED IN CANADA.

       (a) Amendment.--Chapter 212A of title 18, United States 
     Code, is amended--
       (1) in the chapter heading, by striking ``TRAFFICKING IN 
     PERSONS''; and
       (2) by adding after section 3272 the following:

     ``Sec. 3273. Offenses committed by certain United States 
       personnel stationed in Canada in furtherance of border 
       security initiatives

       ``(a) In General.--Whoever, while employed by the 
     Department of Homeland Security or the Department of Justice 
     and stationed or deployed in Canada pursuant to a treaty, 
     executive agreement, or bilateral memorandum in furtherance 
     of a border security initiative, engages in conduct (or 
     conspires or attempts to engage in conduct) in Canada that 
     would constitute an offense for which a person may be 
     prosecuted in a court of the United States had the conduct 
     been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined or imprisoned, or both, as provided for 
     that offense.
       ``(b) Definitions.--In this section:
       ``(1) Employed by the department of homeland security or 
     the department of justice.--The term `employed by the 
     Department of Homeland Security or the Department of Justice' 
     means--
       ``(A) being employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), an employee of a 
     contractor (or a subcontractor at any tier), a grantee 
     (including a contractor of a grantee or a subgrantee or 
     subcontractor at any tier), or an employee of a grantee (or a 
     contractor of a grantee or a subgrantee or subcontractor at 
     any tier) of the Department of Homeland Security or the 
     Department of Justice;
       ``(B) being present or residing in Canada in connection 
     with such employment; and
       ``(C) not being a national of or ordinarily resident in 
     Canada.
       ``(2) Grant agreement.--The term `grant agreement' means a 
     legal instrument described in section 6304 or 6305 of title 
     31, other than an agreement between the United States and a 
     State, local, or foreign government or an international 
     organization.
       ``(3) Grantee.--The term `grantee' means a party, other 
     than the United States, to a grant agreement.''.
       (b) Technical and Conforming Amendments.--Part II of title 
     18, United States Code, is amended--
       (1) in the table of chapters, by striking the item relating 
     to chapter 212A and inserting the following:

``212A.  Extraterritorial jurisdiction over certain offenses3271'';....

     and
       (2) in the table of sections for chapter 212A, by inserting 
     after the item relating to section 3272 the following:

``3273. Offenses committed by certain United States personnel stationed 
              in Canada in furtherance of border security 
              initiatives.''.
                                 ______
                                 
  SA 3642. Mr. RUBIO 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. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
                   TRANSFERRING FEDERAL AVIATION ADMINISTRATION 
                   CERTIFICATIONS TO INSTITUTIONS OF HIGHER 
                   EDUCATION.

       The Comptroller General of the United States shall--
       (1) conduct a study on barriers to individuals transferring 
     certifications provided by the Federal Aviation 
     Administration into postsecondary programs at institutions of 
     higher education for academic credit; and
       (2) not later than 180 days after the date of the enactment 
     of this Act, submit to Congress a report on the results of 
     the study.
                                 ______
                                 
  SA 3643. Mr. INHOFE (for himself and Mr. Brown) 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:


[[Page 3979]]

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

     SEC. 2320. AVIATION RULEMAKING COMMITTEE FOR PILOT REST AND 
                   DUTY REGULATIONS.

       (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 convene an aviation rulemaking 
     committee to review pilot rest and duty regulations under 
     part 135 of title 14, Code of Federal Regulations.
       (b) Composition.--The aviation rulemaking committee 
     convened under subsection (a) shall consist of members 
     appointed by the Administrator, including--
       (1) applicable representatives of industry;
       (2) a pilot labor organization exclusively representing a 
     minimum of 1,000 pilots who are covered by--
       (A) part 135 of title 14, Code of Federal Regulations; and
       (B) subpart K of part 91 of such title; and
       (3) aviation safety experts with specific knowledge of 
     flight crewmember education and training requirements 
     relating to part 135 of such title.
       (c) Matters to Be Address.--In reviewing the pilot rest and 
     duty regulations under part 135 of title 14, Code of Federal 
     Regulations, the aviation rulemaking committee shall consider 
     the following:
       (1) Recommendations of aviation rulemaking committees 
     convened before the date of the enactment of this Act.
       (2) Accommodations necessary for small businesses.
       (3) Scientific data derived from aviation-related fatigue 
     and sleep research.
       (4) Data gathered from aviation safety reporting programs.
       (5) The need to accommodate diversity of operations 
     conducted under part 135 of such title.
       (6) Such other matters as the Administrator considers 
     appropriate.
       (d) Report and Notice of Proposed Rulemaking.--The 
     Administrator shall--
       (1) not later than 24 months after the date of the 
     enactment of this Act, submit to the appropriate committees 
     of Congress a report based on the findings of the aviation 
     rulemaking committee convened under subsection (a); and
       (2) not later than 12 months after submitting the report 
     required under paragraph (1), issue a notice of proposed 
     rulemaking consistent with any consensus recommendations 
     reached by the aviation rulemaking committee.
                                 ______
                                 
  SA 3644. Mr. INHOFE 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:

       Strike section 3109 and insert the following:

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

       (a) Regulations.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue final regulations to require a covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, in the amount of any applicable ancillary fees paid 
     by the passenger if the air carrier has charged the passenger 
     an ancillary fee for checked baggage and, except as provided 
     in subsection (b), the air carrier fails to deliver the 
     checked baggage to the passenger within 24 hours of the time 
     of arrival of the passenger at the passenger's destination.
       (2) Choice of comparable compensation.--In the final 
     regulations issued under paragraph (1), the Secretary shall 
     not prescribe specific compensation, but shall permit a 
     covered air carrier to provide the passenger with a choice of 
     comparable compensation so long as a full refund of the 
     ancillary fee is one of the choices simultaneously offered by 
     the covered air carrier.
       (b) Exception.--An air carrier is not required to provide a 
     refund under subsection (a) with respect to checked baggage 
     if the air carrier is prevented from delivering checked 
     baggage by the time specified in subsection (a) by 
     extraordinary circumstances that could not have been avoided 
     by the air carrier even if all reasonable measures had been 
     taken.
                                 ______
                                 
  SA 3645. Ms. HEITKAMP (for herself, Mrs. Capito, Mr. Donnelly, Mr. 
Tester, Mr. Blunt, Mr. Barrasso, Mr. Coats, Mr. Daines, and Mr. Enzi) 
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. ___. EXTENSION OF ENHANCED CARBON DIOXIDE SEQUESTRATION 
                   CREDIT.

       (a) Short Title.--This section may be cited as the ``Carbon 
     Capture Act''.
       (b) In General.--
       (1) Increase in credit rate for certain carbon capture 
     equipment.--Section 45Q(a) of the Internal Revenue Code of 
     1986 is amended--
       (A) in paragraph (1)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) captured by the taxpayer using qualified carbon 
     capture equipment which is originally placed in service at a 
     qualified facility before the date of the enactment of the 
     Carbon Capture Act, and'', and
       (ii) in subparagraph (B), by striking ``and'' at the end,
       (B) in paragraph (2)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) captured by the taxpayer using qualified carbon 
     capture equipment which is originally placed in service at a 
     qualified facility before the date of the enactment of the 
     Carbon Capture Act,'', and
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting a comma, and
       (C) by adding at the end the following new paragraphs:
       ``(3) the applicable dollar amount (as determined under 
     subsection (b)(1)) per metric ton of qualified carbon dioxide 
     which is--
       ``(A) captured by the taxpayer using qualified carbon 
     capture equipment which is originally placed in service at a 
     qualified facility on or after the date of the enactment of 
     the Carbon Capture Act, during the 10-year period beginning 
     on the date the equipment was originally placed in service, 
     and
       ``(B) disposed of by the taxpayer in secure geological 
     storage and not used by the taxpayer as described in 
     paragraph (4)(B), and
       ``(4) the applicable dollar amount (as determined under 
     subsection (b)(1)) per metric ton of qualified carbon dioxide 
     which is--
       ``(A) captured by the taxpayer using qualified carbon 
     capture equipment which is originally placed in service at a 
     qualified facility on or after the date of the enactment of 
     the Carbon Capture Act, during the 10-year period beginning 
     on the date the equipment was originally placed in service,
       ``(B) used by the taxpayer as a tertiary injectant in a 
     qualified enhanced oil or natural gas recovery project, and
       ``(C) disposed of by the taxpayer in secure geological 
     storage.''.
       (2) Applicable dollar amount; additional equipment; 
     election.--Section 45Q of such Code is amended--
       (A) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively, and
       (B) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Applicable Dollar Amount; Additional Equipment; 
     Election.--
       ``(1) Applicable dollar amount.--
       ``(A) In general.--The applicable dollar amount shall be an 
     amount equal to--
       ``(i) for any taxable year beginning in a calendar year 
     after 2015 and ending before 2026--

       ``(I) for purposes of paragraph (3) of subsection (a), the 
     dollar amount established by linear interpolation between 
     $22.66 and $30 for each calendar year during such period, and
       ``(II) for purposes of paragraph (4) of such subsection, 
     the dollar amount established by linear interpolation between 
     $12.83 and $30 for each calendar year during such period, and

       ``(ii) for any taxable year beginning in a calendar year 
     after 2025, an amount equal to the product of $30 and the 
     inflation adjustment factor for such calendar year determined 
     under section 43(b)(3)(B) for such calendar year, determined 
     by substituting `2024' for `1990'.
       ``(B) Rounding.--The applicable dollar amount determined 
     under subparagraph (A) shall be rounded to the nearest cent.
       ``(2) Installation of additional carbon capture equipment 
     on existing qualified facility.--In the case of a qualified 
     facility placed in service before the date of the enactment 
     of the Carbon Capture Act, for which additional qualified 
     carbon capture equipment is placed in service on or after the 
     date of the enactment of the Carbon Capture Act, the amount 
     of qualified carbon dioxide which is captured by the taxpayer 
     shall be equal to--
       ``(A) for purposes of paragraph (1)(A) and (2)(A) of 
     subsection (a), the lesser of--
       ``(i) the total amount of qualified carbon dioxide captured 
     at such facility for the taxable year, or
       ``(ii) the total amount of the carbon dioxide capture 
     capacity of the qualified carbon capture equipment in service 
     at such facility on the day before the date of the enactment 
     of the Carbon Capture Act, and
       ``(B) for purposes of paragraph (3)(A) and (4)(A) of such 
     subsection, an amount (not less than zero) equal to the 
     excess of--
       ``(i) the amount described in clause (i) of subparagraph 
     (A), over
       ``(ii) the amount described in clause (ii) of such 
     subparagraph.
       ``(3) Election.--For purposes of determining the carbon 
     dioxide sequestration credit under this section, a taxpayer 
     may elect to have the dollar amounts applicable under 
     paragraph (1) or (2) of subsection (a)

[[Page 3980]]

     apply in lieu of the dollar amounts applicable under 
     paragraph (3) or (4) of such subsection for each metric ton 
     of qualified carbon dioxide which is captured by the taxpayer 
     using qualified carbon capture equipment which is originally 
     placed in service at a qualified facility on or after the 
     date of the enactment of the Carbon Capture Act.''.
       (3) Election to allow credit to person that disposes of or 
     uses the carbon dioxide.--Paragraph (5) of section 45Q(e) of 
     such Code, as redesignated by paragraph (2)(A), is amended to 
     read as follows:
       ``(5) Credit attributable to taxpayer.--
       ``(A) In general.--Except as provided subparagraph (B) or 
     in any regulations prescribed by the Secretary, any credit 
     under this section shall be attributable to--
       ``(i) in the case of qualified carbon dioxide captured 
     using qualified carbon capture equipment which is originally 
     placed in service at a qualified facility before the date of 
     the enactment of the Carbon Capture Act, the person that 
     captures and physically or contractually ensures the disposal 
     of or the use as a tertiary injectant of such qualified 
     carbon dioxide, and
       ``(ii) in the case of qualified carbon dioxide captured 
     using qualified carbon capture equipment which is originally 
     placed in service at a qualified facility on or after the 
     date of the enactment of the Carbon Capture Act, the person 
     that owns the qualified carbon capture equipment and 
     physically or contractually ensures the capture and disposal 
     of or the use as a tertiary injectant of such qualified 
     carbon dioxide.
       ``(B) Election.--If the person described in subparagraph 
     (A) makes an election under this subparagraph in such time 
     and manner as the Secretary may prescribe by regulations, the 
     credit under this section--
       ``(i) shall be allowable to the person that disposes of the 
     qualified carbon dioxide or uses the qualified carbon dioxide 
     as a tertiary injectant, and
       ``(ii) shall not be allowable to the person described in 
     subparagraph (A).''.
       (4) Definition of qualified facility and qualified carbon 
     capture equipment.--Subsection (d) of section 45Q of such 
     Code, as redesignated by paragraph (2)(A), is amended to read 
     as follows:
       ``(d) Qualified Facility and Qualified Carbon Capture 
     Equipment.--
       ``(1) Qualified facility.--For purposes of this section, 
     the term `qualified facility' means any industrial facility--
       ``(A)(i) the construction of which begins before January 1, 
     2022, and--
       ``(I) the original planning and design for such facility 
     includes installation of qualified carbon capture equipment, 
     or
       ``(II) construction of qualified carbon capture equipment 
     begins before such date, or
       ``(ii) which is placed in service before January 1, 2022, 
     and includes installation of qualified carbon capture 
     equipment, provided that construction of such carbon capture 
     equipment begins before such date, and
       ``(B) which captures--
       ``(i) in the case of an electricity generating facility, 
     not less than 500,000 metric tons of qualified carbon dioxide 
     during the taxable year, or
       ``(ii) in the case of facility not described in clause (i), 
     not less than 100,000 metric tons of qualified carbon dioxide 
     during the taxable year.
       ``(2) Qualified carbon capture equipment.--For purposes of 
     this section, the term `qualified carbon capture equipment' 
     means--
       ``(A) carbon capture equipment placed in service before 
     January 1, 2022, and
       ``(B) carbon capture equipment the construction of which 
     begins before such date.''.
       (5) Application of section.--Subsection (f) of section 45Q 
     of such Code, as redesignated by paragraph (2)(A), is amended 
     to read as follows:
       ``(f) Application of Section for Certain Carbon Capture 
     Equipment.--In the case of any qualified carbon capture 
     equipment placed in service before the date of the enactment 
     of the Carbon Capture Act, the credit under this section 
     shall apply with respect to qualified carbon dioxide captured 
     using such equipment before the end of the calendar year in 
     which the Secretary, in consultation with the Administrator 
     of the Environmental Protection Agency, certifies that 
     75,000,000 metric tons of qualified carbon dioxide have been 
     taken into account in accordance with paragraphs (1) and (2) 
     of subsection (a).''.
       (6) Regulations.--Section 45Q of such Code is amended by 
     adding at the end the following new subsection:
       ``(g) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be necessary or 
     appropriate to carry out this section, including regulations 
     or other guidance to--
       ``(1) ensure proper allocation under subsection (a) for 
     qualified carbon dioxide captured by a taxpayer during the 
     taxable year ending after the date of the enactment of the 
     Carbon Capture Act, and
       ``(2) determine whether a facility satisfies the 
     requirements under subsection (d)(1) during such taxable 
     year.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3646. Mr. HATCH (for himself and 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 215, between lines 17 and 18, insert the following:
       (b) Helicopter Crash-resistant Fuel Systems.--Not later 1 
     year after the date of enactment of this Act, in accordance 
     with the safety recommendations of the National 
     Transportation Safety Board, dated July 23, 2015 (A-15-12), 
     the Administrator of the Federal Aviation Administration 
     shall issue regulations to ensure that the requirements of 
     sections 27.952 and 29.952 of title 14, Code of Federal 
     Regulations, are met by requiring that all newly manufactured 
     helicopters, regardless of the original certification dates 
     of the designs for such helicopters, have fuel systems that 
     meet the crash-worthiness requirements of such sections.
                                 ______
                                 
  SA 3647. Mr. HATCH 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 subtitle D of title II, add the following:

     SEC. 2405. FRANGIBILITY STANDARDS AND REQUIREMENTS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) develop standards and requirements for the frangibility 
     of new civilian aviation facilities and structures, in 
     accordance with Federal Aviation Administration Advisory 
     Circular 150/5220-23;
       (2) develop standard test protocols and certification 
     processes for frangible civilian aviation facilities and 
     structures; and
       (3) notify Congress of the viability of establishing a 
     frangibility test center in the United States that is capable 
     of performing test protocols approved by the Federal Aviation 
     Administration.
       (b) Considerations.--In determining the viability of 
     establishing a frangibility test center in the United States 
     under subsection (a)(3), the Administrator shall consider 
     facilities of centers of excellence, partnerships, industry 
     stakeholders, and other Federal agencies.
                                 ______
                                 
  SA 3648. Mr. CARDIN (for himself and Mr. Portman) 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. ____. ALLOCATIONS OF CREDITS TO INDIAN TRIBAL 
                   GOVERNMENTS AND NONPROFIT ORGANIZATIONS.

       (a) Allocations to Indian Tribal Governments.--Paragraph 
     (4) of section 179D(d) of the Internal Revenue Code of 1986 
     is amended by striking ``or local'' and inserting ``local, or 
     Indian tribal''.
       (b) Allocations to Certain Nonprofit Organizations.--
       (1) In general.--Paragraph (4) of section 179D(d) of the 
     Internal Revenue Code of 1986, as amended by subsection (a), 
     is amended by inserting ``, or by an organization that is 
     described in section 501(c)(3) and exempt from tax under 
     section 501(a)'' after ``political subdivision thereof''.
       (2) Clerical amendment.--The heading of paragraph (4) of 
     section 179D(d) of such Code is amended by inserting ``and 
     property held by certain non-profits'' after ``public 
     property''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2015.
                                 ______
                                 
  SA 3649. Mr. CARDIN 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. ___. COMPENSATION FOR FEDERAL EMPLOYEES AFFECTED BY A 
                   LAPSE IN APPROPRIATIONS.

       Section 1341 of title 31, United States Code, is amended--

[[Page 3981]]

       (1) in subsection (a)(1), by striking ``An officer'' and 
     inserting ``Except as specified in this subchapter or any 
     other provision of law, an officer''; and
       (2) by adding at the end the following:
       ``(c)(1) In this subsection--
       ``(A) the term `covered lapse in appropriations' means a 
     lapse in appropriations that begins on or after October 1, 
     2015; and
       ``(B) the term `excepted employee' means an excepted 
     employee or an employee performing emergency work, as such 
     terms are defined by the Office of Personnel Management.
       ``(2) Each Federal employee furloughed as a result of a 
     covered lapse in appropriations shall be paid for the period 
     of the lapse in appropriations, and each excepted employee 
     who is required to perform work during a covered lapse in 
     appropriations shall be paid for such work, at the employee's 
     standard rate of pay at the earliest date possible after the 
     lapse in appropriations ends, regardless of scheduled pay 
     dates.
       ``(3) During a covered lapse in appropriations, each 
     excepted employee who is required to perform work shall be 
     entitled to use leave under chapter 63 of title 5, or any 
     other applicable law or equivalent formal leave system 
     governing the use of leave by the excepted employee, for 
     which compensation shall be paid at the earliest date 
     possible after the lapse in appropriations ends, regardless 
     of scheduled pay dates.''.
                                 ______
                                 
  SA 3650. Mrs. FEINSTEIN (for herself, Mr. Tillis, and Mr. Blumenthal) 
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:

       Strike section 2152.
                                 ______
                                 
  SA 3651. Mr. SULLIVAN (for himself, Ms. Cantwell, Ms. Murkowski, and 
Ms. Ayotte) 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:

       Beginning on page 316, strike line 20 and all that follows 
     through page 318, line 17, and insert the following:
       ``(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 the applicant pools described in subparagraph (C). If the 
     number of referrals from one of the pools is insufficient to 
     provide an approximately equal number of candidates as the 
     other pools in order to meet the need of the Federal Aviation 
     Administration for new employees, the Administrator shall 
     draw from the other pools to meet the need. The number of 
     employees referred for consideration from pool one and pool 
     two shall not differ by more than 10 percent.
       ``(C) Applicant pools.--The the applicant pools referred to 
     in subparagraph (B) are the following:
       ``(i) Pool one.--Applicants who 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--

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

       ``(ii) Pool two.--Applicants who apply under a vacancy 
     announcement recruiting from all United States citizens.
       ``(iii) Pool three.--Applicants who--

       ``(I) 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;
       ``(II) 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
       ``(III) are preference eligible veterans (as defined in 
     section 2108 of title 5, United States Code).

       ``(D) Rule of construction.--Nothing in this paragraph 
     limits the applicability to the three pools of applicants 
     described in subparagraph (C) of any provision of title 5 
     relating to veterans.
       ``(2) Use of biographical assessments.--
       ``(A) Biographical assessments.--The Administration shall 
     not use any biographical assessment when hiring under 
     subparagraph (A) or clause (i) or (iii) of subparagraph (C) 
     of paragraph (1).
                                 ______
                                 
  SA 3652. Ms. HEITKAMP (for herself and Ms. Ayotte) 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. ___. NORTHERN BORDER SECURITY REVIEW.

       (a) Short Title.--This section may be cited as the 
     ``Northern Border Security Review Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (E) the Committee on Homeland Security of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (c) Northern Border Threat Analysis.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     Northern Border threat analysis that includes--
       (A) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (i) to enter the United States through the Northern Border; 
     or
       (ii) to exploit border vulnerabilities on the Northern 
     Border;
       (B) improvements needed at and between ports of entry along 
     the Northern Border--
       (i) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (ii) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (C) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (D) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (2) Analysis requirements.--For the threat analysis 
     required under paragraph (1), the Secretary of Homeland 
     Security shall consider and examine--
       (A) technology needs and challenges;
       (B) personnel needs and challenges;
       (C) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (D) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (E) the terrain, population density, and climate along the 
     Northern Border; and
       (F) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (3) Classified threat analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under paragraph (1) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines that such form is 
     appropriate for that portion.
                                 ______
                                 
  SA 3653. Mr. CASEY (for himself and Mr. Brown) 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. __. SCALABLE AEROSPACE ADDITIVE MANUFACTURING 
                   DEMONSTRATION INITIATIVE.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall develop a scalable aerospace additive 
     manufacturing demonstration initiative which shall

[[Page 3982]]

     focus on developing research and training on a certification 
     framework for a range of aircraft components, including 
     safety-critical applications, to address barriers to the 
     scalable adoption of additive manufacturing in United States 
     civil aerospace.
       (b) Initiative Components.--The demonstration initiative 
     required by subsection (a) shall--
       (1) promote and facilitate collaboration among academia, 
     the commercial aircraft industry, including manufacturers, 
     suppliers and commercial air carriers, Centers for 
     Manufacturing Innovation in the Network for Manufacturing 
     Innovation Program administered by the Department of 
     Commerce, and national manufacturing innovation institutes 
     administered by the Federal Aviation Administration;
       (2) identify and promote opportunities for collaboration 
     and technical exchange among agencies involved in research 
     related to the safety and certification of scalable additive 
     manufacturing, including the National Aeronautics and Space 
     Administration, the National Science Foundation, the National 
     Institute of Standards and Technology, and the Department of 
     Energy;
       (3) develop a research and training program for basic and 
     applied technical advances in technologies related to the 
     safety and certification of additively manufactured aerospace 
     components, including safety critical applications; and
       (4) develop and undertake research on technologies related 
     to improving the certification of additive manufactured 
     components with academia, industry, non-profit research 
     institutes, and manufacturing innovation institutes.
                                 ______
                                 
  SA 3654. Mr. CORNYN (for himself, Mr. Blumenthal, Mr. Kirk, and Mr. 
Coons) 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. REPORT ON AIRPORTS USED BY MAHAN AIR.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2020, the Secretary of Homeland Security, in consultation 
     with the Secretary of Transportation, the Secretary of State, 
     the Secretary of the Treasury, and the Director of National 
     Intelligence, shall submit to Congress a report that 
     includes--
       (1) a list of all airports at which aircraft owned or 
     controlled by Mahan Air have landed during the 2 years 
     preceding the submission of the report; and
       (2) for each such airport--
       (A) an assessment of whether aircraft owned or controlled 
     by Mahan Air continue to conduct operations at that airport;
       (B) an assessment of whether any of the landings of 
     aircraft owned or controlled by Mahan Air were necessitated 
     by an emergency situation;
       (C) a determination regarding whether additional security 
     measures should be imposed on flights to the United States 
     that originate from that airport; and
       (D) an explanation of the rationale for that determination.
       (b) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Publication of List.--The list required by subsection 
     (a)(1) shall be publicly and prominently posted on the 
     website of the Department of Homeland Security on the date on 
     which the report required by subsection (a) is submitted to 
     Congress.
                                 ______
                                 
  SA 3655. Mr. GRASSLEY (for himself, Ms. Cantwell, Mr. Blunt, Ms. 
Heitkamp, Mrs. Ernst, Mr. Donnelly, Mr. Franken, and Mr. Whitehouse) 
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. ___. REFORM OF BIODIESEL TAX INCENTIVES.

       (a) Income Tax Credit.--
       (1) In general.--So much of section 40A of the Internal 
     Revenue Code of 1986 as precedes subsection (c) is amended to 
     read as follows:

     ``SEC. 40A. BIODIESEL FUELS CREDIT.

       ``(a) In General.--For purposes of section 38, the 
     biodiesel fuels credit determined under this section for the 
     taxable year is $1.00 for each gallon of biodiesel produced 
     by the taxpayer which during the taxable year--
       ``(1) is sold by the taxpayer to another person--
       ``(A) for use by such other person's trade or business as a 
     fuel or in the production of a qualified biodiesel mixture 
     (other than casual off-farm production), or
       ``(B) who sells such biodiesel at retail to another person 
     and places such biodiesel in the fuel tank of such other 
     person, or
       ``(2) is used by such taxpayer for any purpose described in 
     paragraph (1).
       ``(b) Increased Credit for Small Producers.--
       ``(1) In general.--In the case of any eligible small 
     biodiesel producer, subsection (a) shall be applied by 
     increasing the dollar amount contained therein by 10 cents.
       ``(2) Limitation.--Paragraph (1) shall only apply with 
     respect to the first 15,000,000 gallons of biodiesel produced 
     by any eligible small biodiesel producer during any taxable 
     year.''.
       (2) Definitions and special rules.--Section 40A(d) of such 
     Code is amended by striking all that follows paragraph (1) 
     and inserting the following:
       ``(2) Qualified biodiesel mixture; biodiesel mixture.--
       ``(A) Qualified biodiesel mixture.--
       ``(i) In general.--The term `qualified biodiesel mixture' 
     means a biodiesel mixture which is--

       ``(I) sold by the producer of such mixture to any person 
     for use as a fuel, or
       ``(II) used by the producer of such mixture as a fuel.

       ``(ii) Sale or use must be in trade or business, etc.--A 
     biodiesel mixture shall not be treated as a qualified 
     biodiesel mixture unless the sale or use described in clause 
     (i) is in a trade or business of the person producing the 
     biodiesel mixture.
       ``(B) Biodiesel mixture.--The term `biodiesel mixture' 
     means a mixture which consists of biodiesel and diesel fuel 
     (as defined in section 4083(a)(3)), determined without regard 
     to any use of kerosene.
       ``(3) Biodiesel not used for a qualified purpose.--If--
       ``(A) any credit was determined with respect to any 
     biodiesel under this section, and
       ``(B) any person uses such biodiesel for a purpose not 
     described in subsection (a),

     then there is hereby imposed on such person a tax equal to 
     the product of the rate applicable under subsection (a) and 
     the number of gallons of such biodiesel.
       ``(4) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(5) Limitation to biodiesel with connection to the united 
     states.--
       ``(A) In general.--No credit shall be determined under 
     subsection (a) with respect to biodiesel unless such 
     biodiesel is produced in the United States from qualified 
     feedstocks. For purposes of this paragraph, the term `United 
     States' includes any possession of the United States.
       ``(B) Qualified feedstocks.--For purposes of subparagraph 
     (A), the term `qualified feedstock' means any feedstock which 
     is allowable for a fuel that is assigned a D-Code of 4 under 
     table 1 of section 80.1426(f) of title 40, Code of Federal 
     Regulations.''.
       (3) Rules for small biodiesel producers.--
       (A) In general.--Section 40A(e) of such Code is amended--
       (i) by striking ``agri-biodiesel'' each place it appears in 
     paragraphs (1) and (5)(A) and inserting ``biodiesel'',
       (ii) by striking ``subsection (b)(4)(C)'' each place it 
     appears in paragraphs (2) and (3) and inserting ``subsection 
     (b)(2)'', and
       (iii) by striking ``subsection (a)(3)'' each place it 
     appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and 
     inserting ``subsection (b)''.
       (B) The heading for subsection (e) of section 40A of such 
     Code is amended by striking ``Agri-biodiesel'' and inserting 
     ``Biodiesel''.
       (C) The headings for paragraphs (1) and (6) of section 
     40A(e) of such Code are each amended by striking ``agri-
     biodiesel'' and inserting ``biodiesel''.
       (4) Renewable diesel.--
       (A) In general.--Paragraph (3) of section 40A(f) of such 
     Code is amended to read as follows:
       ``(3) Renewable diesel defined.--
       ``(A) In general.--The term `renewable diesel' means liquid 
     fuel derived from biomass which--
       ``(i) is not a mono-alkyl ester,
       ``(ii) can be used in engines designed to operate on 
     conventional diesel fuel, and
       ``(iii) meets the requirements for any Grade No. 1-D fuel 
     or Grade No. 2-D fuel covered under the American Society for 
     Testing and Materials specification D-975-13a.
       ``(B) Exceptions.--Such term shall not include--
       ``(i) any liquid with respect to which a credit may be 
     determined under section 40,
       ``(ii) any fuel derived from coprocessing biomass with a 
     feedstock which is not biomass, or
       ``(iii) any fuel that is not chemically equivalent to 
     petroleum diesel fuels that can meet fuel quality 
     specifications applicable to diesel fuel, gasoline, or 
     aviation fuel.
       ``(C) Biomass.--For purposes of this paragraph, the term 
     `biomass' has the meaning given such term by section 
     45K(c)(3).''.
       (B) Conforming amendments.--Section 40A(f) of such Code is 
     amended--
       (i) by striking ``Subsection (b)(4)'' in paragraph (2) and 
     inserting ``Subsection (b)'', and

[[Page 3983]]

       (ii) by striking paragraph (4) and inserting the following:
       ``(4) Certain aviation fuel.--Except as provided paragraph 
     (3)(B), the term `renewable diesel' shall include fuel 
     derived from biomass which meets the requirements of a 
     Department of Defense specification for military jet fuel or 
     an American Society of Testing and Materials specification 
     for aviation turbine fuel.''.
       (5) Extension.--Subsection (g) of section 40A of such Code 
     is amended by striking ``December 31, 2016'' and inserting 
     ``December 31, 2019''.
       (6) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by striking the item relating to section 40A and 
     inserting the following new item:

``Sec. 40A. Biodiesel fuels credit.''.

       (b) Reform of Excise Tax Credit.--
       (1) In general.--Subsection (c) of section 6426 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(c) Biodiesel Production Credit.--
       ``(1) In general.--For purposes of this section, the 
     biodiesel production credit is $1.00 for each gallon of 
     biodiesel produced by the taxpayer and which--
       ``(A) is sold by such taxpayer to another person--
       ``(i) for use by such other person's trade or business as a 
     fuel or in the production of a qualified biodiesel mixture 
     (other than casual off-farm production), or
       ``(ii) who sells such biodiesel at retail to another person 
     and places such biodiesel in the fuel tank of such other 
     person, or
       ``(B) is used by such taxpayer for any purpose described in 
     subparagraph (A).
       ``(2) Definitions.--Any term used in this subsection which 
     is also used in section 40A shall have the meaning given such 
     term by section 40A.
       ``(3) Termination.--This subsection shall not apply to any 
     sale, use, or removal after December 31, 2019.''.
       (2) Producer registration requirement.--Subsection (a) of 
     section 6426 of such Code is amended by striking 
     ``subsections (d) and (e)'' in the flush sentence at the end 
     and inserting ``subsections (c), (d), and (e)''.
       (3) Recapture.--
       (A) In general.--Subsection (f) of section 6426 of such 
     Code is amended--
       (i) by striking ``or biodiesel'' each place it appears in 
     subparagraphs (A) and (B)(i) of paragraph (1),
       (ii) by striking ``or biodiesel mixture'' in paragraph 
     (1)(A), and
       (iii) by redesignating paragraph (2) as paragraph (3) and 
     by inserting after paragraph (1) the following new paragraph:
       ``(2) Biodiesel.--If any credit was determined under this 
     section or paid pursuant to section 6427(e) with respect to 
     the production of any biodiesel and any person uses such 
     biodiesel for a purpose not described in subsection (c)(1), 
     then there is hereby imposed on such person a tax equal to $1 
     for each gallon of such biodiesel.''.
       (B) Conforming amendments.--
       (i) Paragraph (3) of section 6426(f) of such Code, as 
     redesignated by subparagraph (A)(iii), is amended by 
     inserting ``or (2)'' after ``paragraph (1)''.
       (ii) The heading for paragraph (1) of section 6426(f) of 
     such Code is amended by striking ``Imposition of tax'' and 
     inserting ``In general''.
       (4) Limitation.--Section 6426(i) of such Code is amended--
       (A) in paragraph (2)--
       (i) by striking ``biodiesel or'', and
       (ii) by striking ``Biodiesel and'' in the heading, and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Biodiesel.--No credit shall be determined under 
     subsection (a) with respect to biodiesel unless such 
     biodiesel is produced in the United States from qualified 
     feedstocks (as defined in section 40A(d)(5)(B)).''.
       (5) Clerical amendments.--
       (A) The heading of section 6426 of such Code is amended by 
     striking ``alcohol fuel, biodiesel, and alternative fuel 
     mixtures'' and inserting ``alcohol fuel mixtures, biodiesel 
     production, and alternative fuel mixtures''.
       (B) The item relating to section 6426 in the table of 
     sections for subchapter B of chapter 65 of such Code is 
     amended by striking ``alcohol fuel, biodiesel, and 
     alternative fuel mixtures'' and inserting ``alcohol fuel 
     mixtures, biodiesel production, and alternative fuel 
     mixtures''.
       (c) Reform of Excise Payments.--Subsection (e) of section 
     6427 of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``or the biodiesel mixture credit'' in 
     paragraph (1),
       (2) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively, and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Biodiesel production credit.--If any person produces 
     biodiesel and sells or uses such biodiesel as provided in 
     section 6426(c)(1), the Secretary shall pay (without 
     interest) to such person an amount equal to the biodiesel 
     production credit with respect to such biodiesel.'',
       (3) by striking ``paragraph (1) or (2)'' each place it 
     appears in paragraphs (4) and (6), as redesignated by 
     paragraph (2), and inserting ``paragraph (1), (2), or (3)'',
       (4) by striking ``alternative fuel'' each place it appears 
     in paragraphs (4) and (6), as redesignated by paragraph (2), 
     and inserting ``fuel'', and
       (5) in paragraph (7)(B), as redesignated by paragraph (2)--
       (A) by striking ``biodiesel mixture (as defined in section 
     6426(c)(3))'' and inserting ``biodiesel (within the meaning 
     of section 40A)'', and
       (B) by striking ``December 31, 2016'' and inserting 
     ``December 31, 2019''.
       (d) Guidance.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of the Treasury, or the 
     Secretary's delegate, shall issue preliminary guidance with 
     respect to the amendments made by this subsection.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2016.
                                 ______
                                 
  SA 3656. Mr. HATCH 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:

       Strike section 2124 through 2138 and insert the following:

     SEC. 2124. SMALL UNMANNED AIRCRAFT 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. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.

       ``(a) Consensus 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 safety standards related to the safe integration of 
     small unmanned aircraft systems into the national airspace 
     system.
       ``(b) Considerations.--In developing the consensus safety 
     standards under subsection (a), the Director and 
     Administrator shall consider the following:
       ``(1) Technologies or standards related to geographic 
     limitations, altitude limitations, and sense and avoid 
     capabilities.
       ``(2) Using performance-based standards.
       ``(3) Predetermined action to maintain safety in the event 
     that a communications link between a small unmanned aircraft 
     and its operator is lost or compromised.
       ``(4) Detectability and identifiability to pilots, the 
     Federal Aviation Administration, and air traffic controllers, 
     as appropriate.
       ``(5) Means to prevent tampering with or modification of 
     any system, limitation, or other safety mechanism or standard 
     under this section or any other provision of law, including a 
     means to identify any tampering or modification that has been 
     made.
       ``(6) Consensus identification standards under section 
     2105.
       ``(7) Cost benefit and risk analysis 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.
       ``(9) Whether any category of unmanned aircraft systems, 
     based on verified low risk factors, should be exempt from 
     such standards.
       ``(c) Consultation.--In developing the consensus 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, including 
     manufacturers of varying sizes of such aircraft; and
       ``(7) community-based aviation organizations.
       ``(d) FAA Process and Certification.--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--
       ``(1) the adoption by the Federal Aviation Administration 
     of consensus safety standards for small unmanned aircraft 
     systems developed under subsection (a);
       ``(2) the certification of small unmanned aircraft systems 
     based upon the consensus safety standards developed under 
     subsection

[[Page 3984]]

     (a), which 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 title 14, Code of Federal 
     Regulations; and
       ``(3) the certification of a manufacturer of small unmanned 
     aircraft systems, or an employee of such manufacturer, that 
     has demonstrated compliance with the consensus safety 
     standards developed under subsection (a) and met any other 
     qualifying criteria, as determined by the Administrator, to 
     alternatively satisfy the requirements of paragraph (2), 
     which certification--
       ``(A) shall allow small unmanned aircraft systems to 
     operate within the national airspace system without requiring 
     the type certification process in parts 21 and 23 of title 
     14, Code of Federal Regulations; and
       ``(B) may be revoked if the Administrator determines that 
     the manufacturer is not in compliance with requirements set 
     forth by the Administrator.
       ``(e) Review.--The Administrator of the Federal Aviation 
     Administration may require manufacturers to provide the FAA 
     with the following:
       ``(1) The aircraft's operating instructions.
       ``(2) The manufacturer's statement of compliance as 
     described in subsection (f).
       ``(3) A sample aircraft, to be inspected, upon request, by 
     the Federal Aviation Administration to ensure compliance with 
     the consensus safety standards required by the Administrator 
     under subsection (d).
       ``(f) Manufacturer's Statement of Compliance for Small 
     UAS.--A manufacturer's statement of compliance shall--
       ``(1) identify the aircraft make and model, and consensus 
     safety standards used;
       ``(2) state that the aircraft make and model meets the 
     provisions of the standards identified in paragraph (1);
       ``(3) state that the aircraft make and model conforms to 
     the manufacturer's design data and is manufactured in way 
     that ensures consistency in production across units in the 
     production process in order to meet the applicable consensus 
     safety standards;
       ``(4) state that the manufacturer will make available to 
     any interested person--
       ``(A) the aircraft's operating instructions, that meet the 
     standards identified in paragraph (1); and
       ``(B) the aircraft's maintenance and inspection procedures, 
     that meet the standards identified in paragraph (1);
       ``(5) state that the manufacturer will monitor safety-of-
     flight issues to ensure it meets the standards identified in 
     paragraph (1);
       ``(6) state that at the request of the Administrator, the 
     manufacturer will provide access for the Administrator to its 
     facilities; and
       ``(7) state that the manufacturer, in accordance with 
     testing requirements identified by the Federal Aviation 
     Administration, 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 system manufactured after the 
     date that the Administrator adopts consensus safety standards 
     under this section, unless the manufacturer has received 
     approval under subsection (d) for that make and model of 
     unmanned aircraft system.
       ``(h) Exclusions.--This section shall not apply to unmanned 
     aircraft systems that are not capable of navigating beyond 
     the visual line of sight of the operator through advanced 
     flight systems and technology, unless the Administrator 
     determines that is necessary to ensure safety of the 
     airspace.''.
       (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. Small unmanned 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 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;

[[Page 3985]]

       (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 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

[[Page 3986]]

       ``(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 regarding an unmanned aircraft operating 
     as a model aircraft, or an unmanned aircraft being developed 
     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 of the operation (model aircraft operators flying from 
     a permanent location within 5 miles of an airport should 
     establish a mutually agreed upon operating procedure with the 
     airport operator and the airport air traffic control tower 
     (when an air traffic facility is located at the airport)), 
     unless the Administrator determines approval should be 
     required;
       ``(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 or 
     developed and administered by the community-based 
     organization and maintains proof of test passage to be made 
     available to the Administrator or law enforcement upon 
     request.
       ``(b) Updates.--
       ``(1) In general.--The Administrator, in collaboration with 
     government and industry stakeholders, including nationwide 
     community-based organizations, shall initiate a process to 
     update the operational parameters under subsection (a), as 
     appropriate.
       ``(2) Considerations.--In updating an operational parameter 
     under paragraph (1), the Administrator shall consider--
       ``(A) appropriate operational limitations to mitigate 
     aviation safety risk and risk to the uninvolved public;
       ``(B) operations outside the membership, guidelines, and 
     programming of a nationwide community-based organization;
       ``(C) physical characteristics, technical standards, and 
     classes of aircraft operating under this section;
       ``(D) trends in use, enforcement, or incidents involving 
     unmanned aircraft systems; and
       ``(E) ensuring, to the greatest extent practicable, that 
     updates to the operational parameters correspond to, and 
     leverage, advances in technology.
       ``(3) Savings clause.--Nothing in this subsection shall be 
     construed as expanding the authority of the Administrator to 
     require operators of model aircraft under the exemption of 
     this subsection to be required to seek permissive authority 
     of the Administrator prior to operation in the national 
     airspace system.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to limit the authority of the 
     Administrator to pursue enforcement action against persons 
     operating model aircraft.
       ``(d) Model Aircraft Defined.--In this section, the term 
     `model aircraft' means an unmanned aircraft that--
       ``(1) is capable of sustained flight in the atmosphere; and
       ``(2) is limited to weighing not more than 55 pounds, 
     including the weight of anything attached to or carried by 
     the aircraft, unless otherwise approved through a design, 
     construction, inspection, flight test, and operational safety 
     program administered by a community-based organization.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2128 of this Act, is further 
     amended by inserting after the item relating to section 44807 
     the following:

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

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

[[Page 3987]]



     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;
       ``(3) the individual is a holder of an airmen certificate 
     issued under section 44703; or
       ``(4) the individual is operating a model aircraft under 
     section 44808 and has successfully completed an aeronautical 
     knowledge and safety test in accordance with the community-
     based organizations safety program described in that section.
       ``(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 initial retail sale or introduction 
     into interstate commerce any unmanned aircraft manufactured 
     unless a safety statement is attached to the unmanned 
     aircraft or accompanying the unmanned aircraft in its 
     packaging.
       ``(b) Safety Statement.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall issue guidance for implementing 
     this section.
       ``(2) Requirements.--A safety statement described in 
     subsection (a) shall include--
       ``(A) information about laws and regulations applicable to 
     unmanned aircraft systems;
       ``(B) recommendations for using unmanned aircraft in a 
     manner that promotes the safety of persons and property;
       ``(C) the date that the safety statement was created or 
     last modified; and
       ``(D) language approved by the Administrator regarding the 
     following:
       ``(i) A person may operate the unmanned aircraft as a model 
     aircraft (as defined in section 44808) or otherwise in 
     accordance with Federal Aviation Administration authorization 
     or regulation, including requirements for the completion of 
     the aeronautical knowledge and safety test under section 
     44809.
       ``(ii) The definition of a model aircraft under section 
     44808.
       ``(iii) The requirements regarding a model aircraft under 
     paragraphs (1) through (7) of section 44808(a).
       ``(iv) The Administrator of the Federal Aviation 
     Administration may pursue enforcement action against a person 
     operating model aircraft who endangers the safety of the 
     national airspace system.
       ``(c) Civil Penalty.--A person who violates subsection (a) 
     shall be liable for each violation to the United States 
     Government for a civil penalty described in section 
     46301(a).''.
       (b) Table of Contents.--The table of contents for chapter 
     448, as amended by section 2130 of this Act, is further 
     amended by inserting after the item relating to section 44809 
     the following:

``44810. Safety statements.''.

     SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT OPERATING 
                   UNDERGROUND.

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

     SEC. 2133. ENFORCEMENT.

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

     SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERVICES 
                   DISRUPTION.

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

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

       ``(a) Prohibition.--No person may operate an aircraft so as 
     to interfere with firefighting, law enforcement, or emergency 
     response activities.
       ``(b) Definition.--For purposes of this section, an 
     aircraft interferes with the activities specified in 
     subsection (a) when its operation prevents the initiation of, 
     interrupts, or endangers a person or property engaged in 
     those activities.
       ``(c) Civil Penalty.--A person violating subsection (a) 
     shall be liable for a civil penalty of not more than $20,000.
       ``(d) Compromise and Setoff.--The United States Government 
     may deduct the amount of a civil penalty imposed or 
     compromised under this section from the amounts the 
     Government owes the person liable for the penalty.''.
       (b) Table of Contents.--The table of contents for chapter 
     463 is amended by inserting after the item relating to 
     section 46319 the following:

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

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

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall carry out a pilot program for airspace 
     hazard mitigation at airports and other critical 
     infrastructure.

[[Page 3988]]

       (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.--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--
       (1) 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) designate areas encompassing airspace over rural, 
     suburban, and urban areas for operation of the pilot program, 
     as determined necessary;
       (3) 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);
       (4) give due consideration to the use of the facilities at 
     the National Aeronautics and Space Administration, the test 
     sites under section 44802 of title 49, United States Code, as 
     added by section 2122, the Center of Excellence for Unmanned 
     Aircraft Systems, and the Pathfinder Cooperative Research and 
     Development Agreements, in designating areas under paragraph 
     (2) and in selecting service providers pursuant to the 
     solicitation in paragraph (3); and
       (5) complete the pilot program not later than two years 
     after the date the solicitation under paragraph (3) has been 
     issued.
       (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--
       (1) determine and implement a schedule for initiation and 
     evolutionary use of a UTM in the national airspace to safely 
     separate and deconflict manned and unmanned aircraft systems;
       (2) designate UTM system airspace; and
       (3) select service providers to support the UTM system, if 
     deemed appropriate.
                                 ______
                                 
  SA 3657. Mr. WYDEN 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 __--PROTECTING INDIVIDUALS FROM MASS AERIAL SURVEILLANCE ACT OF 
                                  2016

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Protecting Individuals 
     From Mass Aerial Surveillance Act of 2016''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Federal entity.--The term ``Federal entity'' means any 
     person or entity acting under the authority of, or funded in 
     whole or in part by, the Government of the United States, 
     including a Federal law enforcement party, but excluding 
     State, tribal, or local government agencies or departments.
       (2) Law enforcement party.--The term ``law enforcement 
     party'' means a person or entity authorized by law, or funded 
     by the

[[Page 3989]]

     Government of the United States, to investigate or prosecute 
     offenses against the United States.
       (3) Mobile aerial-view device; mavd.--The terms ``mobile 
     aerial-view device'' and ``MAVD'' mean any device that 
     through flight or aerial lift obtains a dynamic, aerial view 
     of property, persons or their effects, including an unmanned 
     aircraft (as defined in section 331 of the FAA Modernization 
     and Reform Act of 2012 (49 U.S.C. 40101 note)).
       (4) National borders.--The term ``national borders'' refers 
     to any region no more than 25 miles of an external land 
     boundary of the United States.
       (5) Non-federal entity.--The term ``non-Federal entity'' 
     means any person or entity that is not a Federal entity.
       (6) Public lands.--The term ``public lands'' means lands 
     owned by the Government of the United States.
       (7) Sensing device.--The term ``sensing device''--
       (A) means a device capable of remotely acquiring personal 
     information from its surroundings using any frequency of the 
     electromagnetic spectrum, or a sound detecting system, or a 
     system that detects chemicals in the atmosphere; and
       (B) does not include equipment whose sole function is to 
     provide information directly necessary for safe air 
     navigation or operation of a MAVD.
       (8) Surveil.--The term ``surveil'' means to photograph, 
     record, or observe using a sensing device, regardless of 
     whether the photographs, observations, or recordings are 
     stored, and excludes using a sensing device for the purposes 
     of testing or training operations of MAVDs.

     SEC. _03. PROHIBITED USE OF MAVDS.

       A Federal entity shall not use a MAVD to surveil property, 
     persons or their effects, or gather evidence or other 
     information pertaining to known or suspected criminal 
     conduct, or conduct that is in violation of a statute or 
     regulation.

     SEC. _04. EXCEPTIONS.

       This title does not prohibit any of the following:
       (1) Patrol of borders.--The use of a MAVD by a Federal 
     entity to surveil national borders to prevent or deter 
     illegal entry of any persons or illegal substances at the 
     borders.
       (2) Exigent circumstances.--
       (A) In general.--The use of a MAVD by a Federal entity when 
     exigent circumstances exist. For the purposes of this 
     paragraph, exigent circumstances exist when the Federal 
     entity possesses reasonable suspicion that under particular 
     circumstances, swift action is necessary--
       (i) to prevent imminent danger of death or serious bodily 
     harm to a specific individual;
       (ii) to counter an imminent risk of a terrorist attack by a 
     specific individual or organization;
       (iii) to prevent imminent destruction of evidence; or
       (iv) to counter an imminent or actual escape of a criminal 
     or terrorist suspect.
       (B) Requirement for record of facts.--A Federal entity 
     using a MAVD pursuant to subparagraph (A)(i) must maintain a 
     retrievable record of the facts giving rise to the reasonable 
     suspicion that an exigent circumstance existed.
       (3) Public safety and research.--The use of a MAVD by a 
     Federal entity--
       (A) to discover, locate, observe, gather evidence in 
     connection to, or prevent forest fires;
       (B) to monitor environmental, geologic, or weather-related 
     catastrophe or damage from such an event;
       (C) to research or survey for wildlife management, habitat 
     preservation, or geologic, atmospheric, or environmental 
     damage or conditions;
       (D) to survey for the assessment and evaluation of 
     environmental, geologic or weather-related damage, erosion, 
     flood, or contamination; and
       (E) to survey public lands for illegal vegetation.
       (4) Consent.--The use of a MAVD by a Federal entity for the 
     purpose of acquiring information about an individual, or 
     about an individual's property or effects, if such individual 
     has given written consent to the use of a MAVD for such 
     purposes.
       (5) Warrant.--A law enforcement party using a MAVD, 
     pursuant to, and in accordance with, a Rule 41 warrant, to 
     surveil specific property, persons or their effects.

     SEC. _05. PROHIBITION ON IDENTIFYING INDIVIDUALS.

       (a) In General.--No Federal entity may make any intentional 
     effort to identify an individual from, or associate an 
     individual with, the information collected by operations 
     authorized by paragraphs (1) through (3) of subsection (a) of 
     section _04, nor shall the collected information be disclosed 
     to any entity except another Federal entity or State, tribal, 
     or local government agency or department, or political 
     subdivision thereof, that agrees to be bound by the 
     restrictions in this title.
       (b) Limitation on Prohibition.--The restrictions described 
     in subsection (a) shall not apply if there is probable cause 
     that the information collected is evidence of specific 
     criminal activity.

     SEC. _06. PROHIBITION ON USE OF EVIDENCE.

       No evidence obtained or collected in violation of this 
     title may be received as evidence against an individual in 
     any trial, hearing, or other proceeding in or before any 
     court, grand jury, department, officer, agency, regulatory 
     body, legislative committee, or other authority of the United 
     States, a State, or a political subdivision thereof.

     SEC. _07. PROHIBITION ON SOLICITATION AND PURCHASE.

       (a) Prohibition on Solicitation to Surveil.--A Federal 
     entity shall not solicit to or award contracts to any entity 
     for such entity to surveil by MAVD for the Federal entity, 
     unless the Federal entity has existing authority to surveil 
     the particular property, persons or their effects, of 
     interest.
       (b) Prohibition on Purchase of Surveillance Information.--A 
     Federal entity shall not purchase any information obtained 
     from MAVD surveillance by a non-Federal entity if such 
     information contains personal information, except pursuant to 
     the express consent of all persons whose personal information 
     is to be sold.

     SEC. _08. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to preempt any 
     State law regarding the use of MAVDs exclusively within the 
     borders of that State.
                                 ______
                                 
  SA 3658. 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 appropriate place, insert the following:

     SEC. __. PERIODIC AUDITS BY INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF TRANSPORTATION OF BUY AMERICAN 
                   ACT CONTRACTING COMPLIANCE.

       (a) Requirement for Periodic Audits of Contracting 
     Compliance.--The Inspector General of the Department of 
     Transportation shall conduct periodic audits of Federal 
     Aviation Administration contracting practices and policies 
     related to procurement requirements under chapter 83 of title 
     41, United States Code.
       (b) Requirement for Additional Information in Semiannual 
     Reports.--The Inspector General of the Department of 
     Transportation shall ensure that findings and other 
     information resulting from audits conducted pursuant to 
     subsection (a) are included in the semiannual report 
     transmitted to congressional committees under section 8(f) of 
     the Inspector General Act of 1978 (5 U.S.C. App).
                                 ______
                                 
  SA 3659. Mr. WYDEN (for himself and Mr. Hoeven) 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 __--MOVE AMERICA

     SEC. ___1. SHORT TITLE.

       This title may be cited as the ``Move America Act of 
     2015''.

     SEC. ___2. MOVE AMERICA BONDS.

       (a) In General.--
       (1) Move america bonds.--Subpart A of part IV of subchapter 
     B of chapter 1 of the Internal Revenue Code of 1986 is 
     amended by inserting after section 142 the following new 
     section:

     ``SEC. 142A. MOVE AMERICA BONDS.

       ``(a) In General.--
       ``(1) Treatment as exempt facility bond.--Except as 
     otherwise provided in this section, a Move America bond shall 
     be treated for purposes of this part as an exempt facility 
     bond.
       ``(2) Exceptions.--
       ``(A) No government ownership requirement.--Paragraph (1) 
     of section 142(b) shall not apply to any Move America bond.
       ``(B) Special rules for high-speed rail bonds.--Paragraphs 
     (2) and (3) of section 142(i) shall not apply to any Move 
     America bond described in subsection (b)(4).
       ``(C) Special rules for highway and surface transportation 
     facilities.--Paragraphs (2), (3), and (4) of section 142(m) 
     shall not apply to any Move America bond described in 
     subsection (b)(5).
       ``(b) Move America Bond.--For purposes of this part, the 
     term `Move America bond' means any bond issued as part of an 
     issue 95 percent or more of the net proceeds of which are 
     used to provide--
       ``(1) airports,
       ``(2) docks and wharves, including--
       ``(A) waterborne mooring infrastructure,
       ``(B) dredging in connection with a dock or wharf, and
       ``(C) any associated rail and road infrastructure for the 
     purpose of integrating modes of transportation,
       ``(3) mass commuting facilities,
       ``(4) railroads (as defined in section 20102 of title 49, 
     United States Code) and any associated rail and road 
     infrastructure for the purpose of integrating modes of 
     transportation,

[[Page 3990]]

       ``(5) any--
       ``(A) surface transportation project which is eligible for 
     Federal assistance under title 23, United States Code (as in 
     effect on the date of the enactment of this section),
       ``(B) project for an international bridge or tunnel for 
     which an international entity authorized under Federal or 
     State law is responsible and which is eligible Federal 
     assistance under title 23, United States Code (as so in 
     effect), or
       ``(C) facility for the transfer of freight from truck to 
     rail or rail to truck (including any temporary storage 
     facilities directly related to such transfers) which is 
     eligible for Federal assistance under either title 23 or 
     title 49, United States Code (as so in effect),
       ``(6) flood diversions, or
       ``(7) inland waterways, including construction and 
     rehabilitation expenditures for navigation on any inland or 
     intracoastal waterways of the United States (within the 
     meaning of section 4042(d)(2)).
       ``(c) Flood Diversions.--For purposes of this section, the 
     term `flood diversion' means any flood damage risk reduction 
     project authorized under any Act for authorizing water 
     resources development projects.
       ``(d) Move America Volume Cap.--
       ``(1) In general.--The aggregate face amount of Move 
     America bonds issued pursuant to an issue, when added to the 
     aggregate face amount of Move America bonds previously issued 
     by the issuing authority during the calendar year, shall not 
     exceed such issuing authority's Move America volume cap for 
     such year.
       ``(2) Move america volume cap.--For purposes of this 
     subsection--
       ``(A) In general.--The Move America volume cap shall be 50 
     percent of the State ceiling under section 146(d) for such 
     State for such year.
       ``(B) Allocation of volume cap.--Each State may allocate 
     the Move America volume cap of such State among governmental 
     units (or other authorities) in such State having authority 
     to issue private activity bonds.
       ``(3) Carryforwards.--
       ``(A) In general.--If--
       ``(i) an issuing authority's Move America volume cap, 
     exceeds
       ``(ii) the aggregate amount of Move America bonds issued 
     during such calendar year by such authority,

     any Move America bond issued by such authority during the 3-
     calendar-year period following such calendar year shall not 
     be taken into account under paragraph (1) to the extent the 
     amount of such bonds does not exceed the amount of such 
     excess. Any excesses arising under this paragraph shall be 
     used under this paragraph in the order of calendar years in 
     which the excesses arose.
       ``(B) Reallocation of unused carryforwards.--
       ``(i) In general.--The Move America volume cap under 
     paragraph (2)(A) for any State for any calendar year shall be 
     increased by any amount allocated to such State by the 
     Secretary under clause (ii).
       ``(ii) Reallocation.--The Secretary shall allocate to each 
     qualified State for any calendar year an amount which bears 
     the same ratio to the aggregate unused carryforward amounts 
     of all issuing authorities in all States for such calendar 
     year as the qualified State's population for the calendar 
     year bears to the population of all qualified States for the 
     calendar year. For purposes of the preceding sentence, 
     population shall be determined in accordance with section 
     146(j).
       ``(iii) Qualified state.--For purposes of this 
     subparagraph, the term `qualified State' means, with respect 
     to a calendar year, any State--

       ``(I) which allocated its entire Move America volume cap 
     for the preceding calendar year, and
       ``(II) for which a request is made (not later than May 1 of 
     the calendar year) to receive an allocation under clause 
     (ii).

       ``(iv) Unused carryforward amount.--For purposes of this 
     paragraph, the term `unused carryforward amount' means, with 
     respect to any issuing authority for any calendar year, the 
     excess of--

       ``(I) the amount of the excess described in subparagraph 
     (A) for the fourth preceding calendar year, over
       ``(II) the amount of bonds issued by such issuing authority 
     to which subparagraph (A) applied during the 3 preceding 
     calendar years.

       ``(e) Applicability of Certain Federal Laws.--An issue 
     shall not be treated as an issue under subsection (b) unless 
     the facility for which the proceeds of such issue are used 
     would be subject to the requirements of any Federal law 
     (including titles 23, 40, and 49 of the United States Code) 
     which would otherwise apply to similar projects.
       ``(f) Special Rule for Environmental Remediation Costs for 
     Docks and Wharves.--For purposes of this section, amounts 
     used for working capital expenditures relating to 
     environmental remediation required under State or Federal law 
     at or near a facility described in subsection (b)(2) 
     (including environmental remediation in the riverbed and land 
     within or adjacent to the Federal navigation channel used to 
     access such facility) shall be treated as an amount used to 
     provide for such a facility.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this section, including regulations requiring States to 
     report the amount of Move America volume cap of the State 
     carried forward for any calendar year under subsection 
     (d)(3).''.
       (2) Conforming amendment.--The table of sections for 
     subpart A of part IV of subchapter B of chapter 1 of such 
     Code is amended by inserting after the item relating to 
     section 142 the following new item:

``Sec. 142A. Move America bonds.''.

       (b) Application of Other Private Activity Bond Rules.--
       (1) Treatment under private activity bond volume cap.--
     Subsection (g) of section 146 of the Internal Revenue Code of 
     1986 is amended by striking ``and'' at the end of paragraph 
     (3), by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) any Move America bond.''.
       (2) Rule for facilities located outside the state.--
     Paragraph (2) of section 146(k) of the Internal Revenue Code 
     of 1986 is amended by inserting ``or to any Move America 
     bond'' after ``section 142(a)''.
       (3) Special rule on use for land acquisition.--Subparagraph 
     (A) of section 147(c)(1) of the Internal Revenue Code of 1986 
     is amended by inserting ``(50 percent in the case of any 
     issue of Move America bonds)'' after ``25 percent''.
       (4) Special rules for rehabilitation expenditures.--
       (A) Inclusion of certain expenditures.--Subparagraph (B) of 
     section 147(d)(3) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, except that, in the case of any Move 
     America bond, such term shall include any expenditure 
     described in clause (iii) or (v) thereof'' before the period 
     at the end.
       (B) Period for expenditures.--Subparagraph (C) of section 
     147(d)(3) of such Code is amended by inserting ``(5 years, in 
     the case of any Move America bond)'' after ``2 years''.
       (c) Treatment Under the Alternative Minimum Tax.--
     Subparagraph (C) of section 57(a)(5) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new clause:
       ``(vii) Exception for move america bonds.--For purposes of 
     clause (i), the term `private activity bond' shall not 
     include any Move America bond (as defined in section 
     142A).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to obligations issued in calendar years beginning 
     after the date of the enactment of this Act.

     SEC. ____3. MOVE AMERICA TAX CREDITS.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 30E. MOVE AMERICA CREDIT.

       ``(a) Allowance of Credit.--In the case of a Move America 
     credit certificate purchased by the taxpayer, there shall be 
     allowed as a credit against the tax imposed by this chapter 
     for any taxable year in the credit period an amount equal to 
     10 percent of the value of such certificate.
       ``(b) Credit Period.--For purposes of this section, the 
     term `credit period' means, with respect to any Move America 
     credit certificate, the period of 10 taxable years beginning 
     with the first taxable year that begins in the calendar year 
     in which the qualified project to which such certificate 
     relates is placed in service.
       ``(c) Move America Credit Certificate.--For purposes of 
     this section--
       ``(1) Move america credit certificate.--The term `Move 
     America credit certificate' means any certificate that--
       ``(A) is sold to the taxpayer under a qualified Move 
     America credit program by a State or by a project sponsor to 
     whom the State has allocated such certificate for sale under 
     paragraph (2)(B)(ii)(I),
       ``(B) is designated by the State as relating to a qualified 
     project,
       ``(C) the proceeds of the sale of which are used to finance 
     the qualified project designated under subparagraph (B),
       ``(D) specifies--
       ``(i) the value of the certificate and the purchase price, 
     and
       ``(ii) the qualified project to which it relates,
       ``(E) is sold no later than the end of the calendar year in 
     which the project is placed in service, and
       ``(F) is in such form as the Secretary may prescribe.
       ``(2) Qualified move america credit program.--
       ``(A) In general.--The term `qualified Move America credit 
     program' means any program--
       ``(i) which is established by a State for any calendar year 
     for which it is authorized to issue Move America bonds (as 
     defined in section 145A),
       ``(ii) under which the State exchanges (in such manner as 
     the Secretary may prescribe) an amount of the Move America 
     bonds (as so defined) which it may otherwise issue during 
     such calendar year for the ability to sell Move America 
     credit certificates, and
       ``(iii) under which the State is obligated to repay to the 
     Secretary an amount equal to the recapture amount, if 
     applicable, with respect to any Move America credit 
     certificate.

[[Page 3991]]

       ``(B) Allocation of certificates to project sponsors.--
       ``(i) In general.--A State that has established a qualified 
     Move America credit program under subparagraph (A) may 
     allocate any Move America credit certificate that is eligible 
     to be sold by such State to the project sponsor of the 
     qualified project to which such certificate relates.
       ``(ii) Sale or use.--A project sponsor to whom any Move 
     America certificate is allocated under clause (i) may--

       ``(I) sell such certificate, or
       ``(II) claim the credit under this section with respect to 
     such certificate as if the project sponsor had purchased the 
     certificate from the State.

       ``(3) Value.--
       ``(A) In general.--The aggregate value of the Move America 
     credit certificates sold or allocated by a State in a 
     calendar year shall equal 25 percent of the value of Move 
     America bonds exchanged by the State under paragraph 
     (2)(A)(ii).
       ``(B) Limitation relating to qualified project cost.--The 
     aggregate value of the Move America credit certificates sold 
     or allocated by a State and designated by the State as 
     relating to any qualified project shall not exceed the lesser 
     of--
       ``(i) 20 percent of the estimated cost of the project, or
       ``(ii) 50 percent of the total amount of private equity 
     invested in the project.
       ``(4) Certificate nontransferable.--A Move America credit 
     certificate, once purchased from a State or a project sponsor 
     to whom the State has allocated such certificate for sale 
     under paragraph (2)(B)(ii)(I), may not be sold or transferred 
     to any other person.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualified project.--The term `qualified project' 
     means a project which--
       ``(A) would be subject to the same requirements of any 
     Federal law (including titles 23, 40, and 49 of the United 
     States Code) which would otherwise apply to similar projects, 
     and
       ``(B) is for the construction of a facility described in 
     section 142A(b), but only if such project, upon completion, 
     will be generally available for public use.
       ``(2) Recapture amount.--
       ``(A) In general.--In the case of any Move America credit 
     certificate, if the project to which the certificate is 
     designated under subsection (c)(1)(B) as relating--
       ``(i) is never placed in service, or
       ``(ii) ceases to be a qualified project at any time during 
     the credit period,
     the recapture amount is the amount determined under 
     subparagraph (B).
       ``(B) Amount determined.--The amount determined under this 
     subparagraph is--
       ``(i) in the case of a project to which subparagraph (A)(i) 
     applies, the value of the Move America credit certificate, 
     and
       ``(ii) in the case of a project to which subparagraph 
     (A)(ii) applies, the product of--

       ``(I) an amount equal to 10 percent of the value of the 
     Move America credit certificate, and
       ``(II) the number of calendar years in the credit period 
     beginning with the calendar year in which the project ceases 
     to be a qualified project.

       ``(3) Special rule for projects not placed in service.--For 
     purposes of subsection (a), if the project to which a Move 
     America credit certificate is designated under subsection 
     (c)(1)(B) as relating is never placed in service, the first 
     taxable year that begins in the calendar year in which the 
     State certifies (at such time and in such manner as may be 
     prescribed by the Secretary) that the project will not be 
     placed in service shall be treated as the year in which the 
     project was placed in service.
       ``(e) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--Except as provided in paragraph (2), the credit 
     which would be allowed under subsection (a) for any taxable 
     year (determined without regard to this subsection) shall be 
     treated as a credit listed in section 38(b) for such taxable 
     year (and not allowed under subsection (a)).
       ``(2) Personal credit.--For purposes of this title, in the 
     case of an individual, the credit allowed under subsection 
     (a) for any taxable year shall be treated as a credit 
     allowable under subpart A for such taxable year.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``plus'' at the end of paragraph (35),
       (2) by striking the period at the end of paragraph (36) and 
     inserting ``, plus'', and
       (3) by adding at the end the following new paragraph:
       ``(37) the portion of the Move America credit to which 
     section 30E(e)(1) applies.''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 30E. Move America credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (e) Reporting.--A State that sells any Move America credit 
     certificate shall report, at such time and in such manner as 
     the Secretary of the Treasury shall require--
       (1) to the Secretary of the Treasury--
       (A) the value of the Move America bonds otherwise allowed 
     to be issued by the State which are exchanged under section 
     30E(c)(2)(A)(ii) of the Internal Revenue Code of 1986 for the 
     ability to sell such Move America credit certificates, and
       (B) the number of Move America credit certificates sold by 
     the State or allocated to project sponsors, the value of each 
     such certificate, and to whom it was sold (including the name 
     of the purchaser and any other identifying information as the 
     Secretary of the Treasury shall require), and
       (2) to the Secretary of the Treasury and the purchaser of 
     any Move America credit certificate--
       (A) the placed in service date of the qualified project to 
     which the certificate is designated under section 
     30E(c)(1)(B) of the Internal Revenue Code of 1986 as 
     relating, or
       (B) that the State has made a certification under section 
     30E(d)(3) of such Code that such project will not be placed 
     in service.

     For purposes of this subsection, any term used in this 
     subsection that is also used in section 30E or 142A of the 
     Internal Revenue Code of 1986 has the same meaning as when 
     used in such section.
                                 ______
                                 
  SA 3660. Mr. KAINE 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 149, line 8, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.
       On page 150, line 17, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.
       On page 337, strike section 5013
                                 ______
                                 
  SA 3661. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. 
Schumer) 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. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN 
                   UNITED STATES PERSONNEL STATIONED IN CANADA.

       (a) Amendment.--Chapter 212A of title 18, United States 
     Code, is amended--
       (1) in the chapter heading, by striking ``TRAFFICKING IN 
     PERSONS''; and
       (2) by adding after section 3272 the following:

     ``Sec. 3273. Offenses committed by certain United States 
       personnel stationed in Canada in furtherance of border 
       security initiatives

       ``(a) In General.--Whoever, while employed by the 
     Department of Homeland Security or the Department of Justice 
     and stationed or deployed in Canada pursuant to a treaty, 
     executive agreement, or bilateral memorandum in furtherance 
     of a border security initiative, engages in conduct (or 
     conspires or attempts to engage in conduct) in Canada that 
     would constitute an offense for which a person may be 
     prosecuted in a court of the United States had the conduct 
     been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined or imprisoned, or both, as provided for 
     that offense.
       ``(b) Definition.--In this section, the term `employed by 
     the Department of Homeland Security or the Department of 
     Justice' means--
       ``(1) being employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier), of the 
     Department of Homeland Security or the Department of Justice;
       ``(2) being present or residing in Canada in connection 
     with such employment; and
       ``(3) not being a national of or ordinarily resident in 
     Canada.
       (b) Technical and Conforming Amendments.--Part II of title 
     18, United States Code, is amended--
       (1) in the table of chapters, by striking the item relating 
     to chapter 212A and inserting the following:

``212A.  Extraterritorial jurisdiction over certain offenses....3271'';

     and
       (2) in the table of sections for chapter 212A, by inserting 
     after the item relating to section 3272 the following:


[[Page 3992]]


``3273. Offenses committed by certain United States personnel stationed 
              in Canada in furtherance of border security 
              initiatives.''.

     (c)  Rule of Construction. Nothing in this section shall be 
     construed to infringe upon or otherwise affect the exercise 
     of the prosecutorial discretion by the Department of Justice 
     in implementing this provision.
                                 ______
                                 
  SA 3662. Mr. DAINES 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. PLACEMENT AND STORAGE OF WILDLAND FIREFIGHTING 
                   ASSETS.

       When considering placement and storage of aerial wildland 
     firefighting assets, the Chief of the Forest Service shall, 
     before other considerations, take into consideration the 
     geographic location of other federally owned aerial wildland 
     firefighting assets and the rate, intensity, and size of all 
     State and federally managed wildland fires in those 
     locations.
                                 ______
                                 
  SA 3663. Ms. MURKOWSKI (for herself and Mr. Sullivan) 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. ____. MODIFICATION OF EXCISE TAX EXEMPTION FOR SMALL 
                   AIRCRAFT ON ESTABLISHED LINES.

       (a) In General.--Section 4281 of the Internal Revenue Code 
     of 1986 is amended--
       (1) in subsection (a), by striking ``6,000 pounds or less'' 
     and inserting ``12,500 pounds or less'', and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Established Line.--For purposes of this section, an 
     aircraft shall not be considered as operated on an 
     established line if operated under an authorization to 
     conduct on-demand operations in common carriage pursuant to 
     section 119.21(a)(5) of title 14, Code of Federal 
     Regulations, as in effect on the date of the enactment of the 
     Federal Aviation Administration Reauthorization Act of 
     2016.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable transportation provided after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 3664. Ms. MURKOWSKI (for herself and Mr. Sullivan) 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 81, between lines 24 and 25, insert the following:
       ``(f) Special Rules for Certain Unmanned Aircraft Systems 
     and Operations in the Arctic.--
       ``(1) In general.--Notwithstanding any other provision of 
     this chapter, and not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Secretary shall determine if 
     certain unmanned aircraft systems may operate safely in the 
     Arctic beyond the limitations of the notice of proposed 
     rulemaking relating to operation and certification of small 
     unmanned aircraft systems (80 Fed. Reg. 9544), including 
     operation of such systems beyond the visual line of sight of 
     the operator.
       ``(2) Assessment of unmanned aircraft systems.--In making 
     the determination required by paragraph (1), the Secretary 
     shall determine, at a minimum--
       ``(A) 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 beyond visual line of sight do not create a hazard 
     to users of the airspace over the Arctic or the public or 
     pose a threat to national security;
       ``(B) which beyond-line-of-sight operations provide 
     extraordinary public benefit justifying safe accommodation of 
     the operations while minimizing restrictions on manned 
     aircraft operations; and
       ``(C) whether a certificate of waiver, certificate of 
     authorization, or airworthiness certification under section 
     44704 is required for the operation of unmanned aircraft 
     systems identified under subparagraph (A).
       ``(3) Requirements for safe operation.--If the Secretary 
     determines under this subsection that certain unmanned 
     aircraft systems may operate safely in the Arctic beyond the 
     visual line of sight of the operator, the Secretary shall 
     establish requirements for the safe equipage and operation of 
     such aircraft systems while minimizing the effect on manned 
     aircraft operations.''.
                                 ______
                                 
  SA 3665. Mr. VITTER 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 125, between lines 6 and 7, insert the following:

     SEC. 2143. MICRO UNMANNED AIRCRAFT SYSTEMS.

       (a) Short Title.--This section may be cited as the ``Micro 
     Drone Safety and Innovation Act of 2016''.
       (b) Operation of Micro Unmanned Aircraft Systems.--
       (1) In general.--Subtitle B of title III of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note), as amended by sections 2122(b)(2), 
     2128(b)(2), and 2129(b)(2), is further amended by adding at 
     the end the following:

     ``SEC. 337. SPECIAL RULE FOR MICRO UNMANNED AIRCRAFT SYSTEMS.

       ``(a) Requirements for Operation of Micro Unmanned Aircraft 
     Systems.--
       ``(1) In general.--A micro unmanned aircraft system and the 
     operator of that system shall qualify for the exemptions 
     described under subsections (b), (c), and (d) if the system 
     is operated--
       ``(A) at an altitude of less than 400 feet above ground 
     level;
       ``(B) at an airspeed of not greater than 40 knots;
       ``(C) within the visual line of sight of the operator;
       ``(D) during the hours between sunrise and sunset; and
       ``(E) except as provided in paragraph (2), 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.
       ``(2) Operation within 5 statute miles of an airport.--A 
     micro unmanned aircraft system may be operated within 5 
     statute miles of an airport described in paragraph (1)(E) if, 
     before the micro unmanned aircraft system is operated within 
     5 statute miles of the airport, the operator of the micro 
     unmanned aircraft system--
       ``(A) provides notice to the airport operator; and
       ``(B) in the case of an airport with an operational air 
     traffic control tower, receives approval from the air traffic 
     control tower.
       ``(b) Exemptions for Operators of Micro Unmanned Aircraft 
     Systems.--Notwithstanding sections 44703 and 44711 of title 
     49, United States Code, part 61 of title 14, Code of Federal 
     Regulations, or any other provision of a statute, rule, or 
     regulation relating to airman certification, any person may 
     operate a micro unmanned aircraft system in accordance with 
     subsection (a) without being required--
       ``(1) to pass any aeronautical knowledge test;
       ``(2) to meet any age or experience requirement; or
       ``(3) to obtain an airman certificate or medical 
     certificate.
       ``(c) Exemption From Airworthiness Standards.--
     Notwithstanding any provision of chapter 447 of title 49, 
     United States Code, or any other provision of a statute, 
     rule, or regulation relating to certification of aircraft or 
     aircraft parts or equipment, a micro unmanned aircraft system 
     operated in accordance with subsection (a) and component 
     parts and equipment for that system shall not be required to 
     meet airworthiness certification standards or to obtain an 
     airworthiness certificate.
       ``(d) Exemptions From Operational Regulations.--
       ``(1) Part 91 regulations.--Sections 91.7(a), 91.119(c), 
     91.121, 91.151(a)(1), 91.405(a), and 91.407(a)(1), paragraphs 
     (1) and (2) of section 91.409(a), and subsections (a) and (b) 
     of section 91.417 of title 14, Code of Federal Regulations, 
     shall not apply with respect to the operation of a micro 
     unmanned aircraft system in accordance with subsection (a).
       ``(2) Certificate of waiver or authorization.--A micro 
     unmanned aircraft system operated in accordance with 
     subsection (a) may be operated by any person without a 
     certificate of authorization or waiver from the Federal 
     Aviation Administration.
       ``(3) Future regulations.--A micro unmanned aircraft system 
     operated in accordance with subsection (a), and the operator 
     of such a system, shall be exempt from any additional 
     requirements that may be prescribed pursuant to this subtitle 
     after the date of the enactment of the Micro Drone Safety and 
     Innovation Act of 2016.

[[Page 3993]]

       ``(e) Alternative Regulations.--Instead of being operated 
     in accordance with subsection (a), a micro unmanned aircraft 
     may be operated pursuant to any form of authorization, 
     operational rules, or exemptions pertaining to unmanned 
     aircraft systems prescribed by the Administrator, except that 
     a micro unmanned aircraft and its operator shall be exempt 
     from any requirement for an airman certificate or medical 
     certificate.
       ``(f) Micro Unmanned Aircraft System Defined.--In this 
     section, the term `micro unmanned aircraft system' means an 
     unmanned aircraft system the aircraft component of which 
     weighs not more than 4.4 pounds, including payload.''.
       (2) Table of contents.--The table of contents for the FAA 
     Modernization and Reform Act of 2012 is amended by inserting 
     after the item relating to section 335 the following:

``337. Special rule for micro unmanned aircraft systems.''.
                                 ______
                                 
  SA 3666. Mr. VITTER 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:

       Beginning on page 86, strike line 22 and all that follows 
     through page 88, line 19, insert the following:
       ``(b) Micro Unmanned Aircraft Systems Operational Rules.--
       ``(1) In general.--Notwithstanding any other provision of 
     law relating to the incorporation of unmanned aircraft 
     systems into Federal Aviation Administration plans and 
     policies, other than sections 44803 and 44809, the 
     Administrator of the Federal Aviation Administration may not 
     promulgate any rule or regulation regarding the operation of 
     a micro unmanned aircraft system, the aircraft component of 
     which weighs 4.4 pounds or less, including payload, including 
     any requirement that requires the operator of any such system 
     to meet 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.--A micro unmanned aircraft system 
     and the operator of that system shall qualify for the 
     exemptions under this subsection if the following rules for 
     operations of such systems are observed:
       ``(A) Operation at 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.
       ``(3) Exemptions from operational regulations.--
       ``(A) Part 91 regulations.--Sections 91.7(a), 91.119(c), 
     91.121, 91.151(a)(1), 91.405(a), and 91.407(a)(1), paragraphs 
     (1) and (2) of section 91.409(a), and subsections (a) and (b) 
     of section 91.417 of title 14, Code of Federal Regulations, 
     shall not apply with respect to the operation of a micro 
     unmanned aircraft system in accordance with this subsection.
       ``(B) Certificate of waiver or authorization.--A micro 
     unmanned aircraft system operated in accordance with this 
     subsection may be operated by any person without a 
     certificate of authorization or waiver from the Federal 
     Aviation Administration.
       ``(C) Future regulations.--A micro unmanned aircraft system 
     operated in accordance with this subsection, and the operator 
     of such a system, shall be exempt from any additional 
     requirements that may be prescribed pursuant to this subtitle 
     after the date of the enactment of this Act, except for any 
     additional requirements prescribed pursuant to sections 44803 
     and 44809.
       ``(4) Alternative regulations.--Instead of being operated 
     in accordance with this subsection, a micro unmanned aircraft 
     system may be operated pursuant to any form of authorization, 
     operational rules, or exemptions pertaining to unmanned 
     aircraft systems prescribed by the Administrator, except that 
     a micro unmanned aircraft system and its operator shall be 
     exempt from any requirement for an airman certificate or 
     medical certificate.
                                 ______
                                 
  SA 3667. Mr. WARNER 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 120, line 1, insert ``, or commercial operators 
     operating under contract with a public entity,'' after 
     ``systems''.
                                 ______
                                 
  SA 3668. Mrs. MURRAY (for herself and Ms. Cantwell) 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 subtitle C of title I, add the following:

     SEC. 1305. AIRPORT VEHICLE EMISSIONS.

       Section 40117(a)(3)(G) is amended to read as follows:
       ``(G) A project to reduce emissions under subchapter I of 
     chapter 471 or to use cleaner burning conventional fuels, or 
     for acquiring for use at a commercial service airport 
     vehicles or ground support equipment that include low-
     emission technology or use cleaner burning fuels, or, if the 
     airport is located in an air quality nonattainment area (as 
     defined in section 171(2) of the Clean Air Act (42 U.S.C. 
     7501(2))) or a maintenance area referred to in section 175A 
     of such Act (42 U.S.C. 7505a), a project to retrofit any such 
     vehicles or equipment that are powered by a diesel or 
     gasoline engine with emission control technologies certified 
     or verified by the Environmental Protection Agency to reduce 
     emissions, if such project would be able to receive emission 
     credits for the project from the governing State or Federal 
     environmental agency as described in section 47139.''.

       At the end of title V, add the following:

     SEC. 5032. REDUCTION OF ENERGY CONSUMPTION, EMISSIONS, AND 
                   NOISE FROM CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall establish a research program related to 
     reducing civilian aircraft energy use, emissions, and source 
     noise with equivalent safety through grants or other 
     measures, which shall include cost-sharing authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Establishment of Consortium.--
       (1) Designation as consortium.--The Administrator shall 
     designate, using a competitive process, one or more 
     institutions or entities described in paragraph (2), to be 
     known as a ``Government led Consortium for Continuous Lower 
     Energy, Emissions, and Noise'' or ``CLEEN'', to perform 
     research in accordance with this section.
       (2) Participation.--The Administrator shall include 
     educational and research institutions or private sector 
     entities that have existing facilities and experience for 
     developing and testing noise, emissions, and energy reduction 
     engine and aircraft technology, and developing alternative 
     fuels, in the research program required by subsection (a) to 
     fulfill the performance objectives specified in subsection 
     (c).
       (3) Coordination mechanisms.--In conducting the research 
     program required by subsection (a), the consortium designated 
     under paragraph (1) shall--
       (A) coordinate its activities with the Department of 
     Agriculture, the Department of Defense, the Department of 
     Energy, the National Aeronautics and Space Administration, 
     and other relevant Federal agencies; and
       (B) consult on a regular basis with the Commercial Aviation 
     Alternative Fuels Initiative.
       (c) Performance Objectives.--Not later than January 1, 
     2021, the Administrator shall seek to ensure that the 
     research program required subsection (a) supports the 
     following objectives for civil subsonic airplanes:
       (1) Certifiable aircraft technology that reduces aircraft 
     fuel burn 40 percent relative to year 2000 best-in-class in-
     service aircraft.
       (2) Certifiable engine technology that reduces landing and 
     takeoff cycle nitrogen oxide emissions by 70 percent over the 
     International Civil Aviation Organization standard adopted in 
     2011.
       (3) Certifiable aircraft technology that reduces noise 
     levels by 32 decibels cumulatively, relative to the Stage 4 
     standard, or reduces the noise contour area in absolute 
     terms.
       (4) The feasibility of use of drop-in alternative jet fuels 
     in aircraft and engine systems, including successful 
     demonstration and quantification of benefits, advancement of 
     fuel testing capability, and support for fuel evaluation.
       (d) Certifiable Defined.--In this section, the term 
     ``certifiable'' means the technology has been demonstrated to 
     Technology Readiness Level 6 or 7, and there are no foreseen 
     issues that would prevent certification to existing 
     standards.

[[Page 3994]]



     SEC. 5033. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
                   TECHNOLOGY FOR CIVIL AIRCRAFT.

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, 
     shall--
       ``(A) develop a joint plan to carry out the research 
     described in subsection (a); and
       ``(B) submit to Congress a report on such joint plan.''.
                                 ______
                                 
  SA 3669. Mr. DAINES 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 270, strike lines 2 through 11 and insert the 
     following:
       (a) Rulemaking.--
       (1) 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 or other compensation to 
     a passenger if the covered air carrier--
       (A) has charged the passenger an ancillary fee for checked 
     baggage; and
       (B) 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.
       (2) Choice of equivalent compensation.--The regulations 
     under paragraph (1) may allow an air carrier to offer a 
     passenger the opportunity to select an alternate form of 
     compensation of equivalent or greater value in lieu of a 
     refund if the passenger is concurrently notified that he or 
     she is entitled to a full refund of paid baggage fees, among 
     the options for compensation. If the passenger fails to 
     respond to the offer of equivalent compensation, the air 
     carrier shall automatically refund the baggage fee paid by 
     the passenger.
       (3) Refund deadline.--Any refund under paragraph (1) or 
     alternate equivalent compensation under paragraph (2) shall 
     be provided to the passenger promptly and shall be provided 
     not later than 10 days after an air carrier's failure to 
     deliver checked baggage within the period prescribed under 
     paragraph (1)(B).
                                 ______
                                 
  SA 3670. Mr. CRAPO 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. ___. EXCLUSION FOR ASSISTANCE PROVIDED TO PARTICIPANTS 
                   IN CERTAIN VETERINARY STUDENT LOAN REPAYMENT OR 
                   FORGIVENESS PROGRAMS.

       (a) In General.--Paragraph (4) of section 108(f) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``or'' after ``such Act,'',
       (2) by striking the period at the end and inserting ``, 
     under section 1415A of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 
     or under any other State loan repayment or loan forgiveness 
     program that is intended to provide for increased access to 
     veterinary services in such State.'', and
       (3) by striking ``state'' in the heading and inserting 
     ``other''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts received by an individual in taxable 
     years beginning after December 31, 2015.
                                 ______
                                 
  SA 3671. Mr. BARRASSO 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. __. CARRYING OF FIREARMS BY FEDERAL FLIGHT DECK OFFICERS 
                   ON INTERNATIONAL FLIGHTS.

       Paragraph (3) of section 44921(f) is amended to read as 
     follows:
       ``(3) Carrying firearms outside united states.--In 
     consultation with the Secretary of State, the Secretary of 
     Homeland Security shall take such action as may be necessary 
     to ensure that a Federal flight deck officer may carry a 
     firearm--
       ``(A) on any international flight on which a Federal air 
     marshal may be deployed under section 44917; and
       ``(B) in foreign country as is necessary to allow the 
     Federal flight deck officer to carry a firearm as authorized 
     by subparagraph (A).''.
                                 ______
                                 
  SA 3672. Mrs. GILLIBRAND (for herself and Mr. Schumer) 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. LIMITATIONS ON OPERATING CERTAIN AIRCRAFT NOT 
                   COMPLYING WITH STAGE 4 NOISE LEVELS.

       (a) In General.--Subchapter II of chapter 475 is amended by 
     adding at the end the following:

     ``Sec. 47535. Limitations on operating certain aircraft not 
       complying with stage 4 noise levels

       ``(a) Regulations.--Not later than December 31, 2017, the 
     Secretary of Transportation, in consultation with the 
     International Civil Aviation Organization, shall issue 
     regulations to establish minimum standards for civil 
     turbojets to comply with stage 4 noise levels.
       ``(b) General Rule.--The Secretary shall issue regulations 
     to, except as provided in section 47529--
       ``(1) establish a timeline by which increasing percentages 
     of the total number of civil turbojets with a maximum weight 
     of more than 75,000 pounds operating to or from airports in 
     the United States comply with the stage 4 noise levels 
     established under subsection (a), beginning not later than 
     December 31, 2022; and
       ``(2) require that 100 percent of such turbojets operating 
     after December 31, 2037, to or from airports in the United 
     States comply with the stage 4 noise levels.
       ``(c) Foreign-flag Aircraft.--
       ``(1) International standards.--The Secretary shall request 
     the International Civil Aviation Organization to add to its 
     Work Programme the consideration of international standards 
     for the phase-out of aircraft that do not comply with stage 4 
     noise levels.
       ``(2) Enforcement.--The Secretary shall enforce the 
     requirements of this section with respect to foreign-flag 
     aircraft only to the extent that such enforcement is 
     consistent with United States obligations under international 
     agreements.
       ``(d) Annual Report.--Beginning with calendar year 2020--
       ``(1) each air carrier shall submit to the Secretary an 
     annual report on the progress the carrier is making toward 
     complying with the requirements of this section and 
     regulations issued to carry out this section; and
       ``(2) the Secretary shall submit to Congress an annual 
     report on the progress being made toward that compliance.
       ``(e) Noise Recertification Testing Not Required.--
       ``(1) Limitation on statutory construction.--Nothing in 
     this section may be construed to require the noise 
     certification testing of a civil turbojet that has been 
     retrofitted to comply with or otherwise already meets the 
     stage 4 noise levels established under subsection (a).
       ``(2) Means of demonstrating compliance with stage 4 noise 
     levels.--The Secretary shall specify means for demonstrating 
     that an aircraft complies with stage 4 noise levels without 
     requiring noise certification testing.
       ``(f) Nonaddition Rule.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     section 47530, a person may operate a civil jet aircraft with 
     a maximum weight of more than 75,000 pounds that is imported 
     into the United States after December 31, 2020, only if the 
     aircraft--
       ``(A) complies with the stage 4 noise levels; or
       ``(B) was purchased by the person importing the aircraft 
     into the United States under a legally binding contract 
     entered into before January 1, 2021.
       ``(2) Exception.--The Secretary of Transportation may 
     provide for an exception from

[[Page 3995]]

     paragraph (1) to permit a person to obtain modifications to 
     an aircraft to meet the stage 4 noise levels.
       ``(3) Aircraft deemed not imported.--For purposes of this 
     subsection, an aircraft shall be deemed not to have been 
     imported into the United States if the aircraft--
       ``(A) was owned on January 1, 2021, by--
       ``(i) a corporation, trust, or partnership organized under 
     the laws of the United States, a State, or the District of 
     Columbia;
       ``(ii) an individual who is a citizen of the United States; 
     or
       ``(iii) an entity that is owned or controlled by a 
     corporation, trust, or partnership described in clause (i) or 
     an individual described in clause (ii); and
       ``(B) enters the United States not later than 6 months 
     after the expiration of a lease agreement (including any 
     extension of such an agreement) between an owner described in 
     subparagraph (A) and a foreign air carrier.''.
       (b) Clerical Amendment.--The analysis for chapter 475 of 
     such title is amended by inserting after the item relating to 
     section 47534 the following:

``47535. Limitations on operating certain aircraft not complying with 
              stage 4 noise levels.''.

     SEC. 5033. STANDARDS FOR ISSUANCE OF NEW TYPE CERTIFICATES.

       (a) Applicability of Stage 5 Noise Standards to Civil Jets 
     With a Maximum Weight of More Than 121,254 Pounds.--On and 
     after December 31, 2017, the Secretary of Transportation may 
     not issue a new type certificate for a civil jet with a 
     maximum weight of more than 121,254 pounds for which an 
     application was received after the date of the enactment of 
     this Act, unless the person applying for the type certificate 
     demonstrates that the civil jet complies with stage 5 noise 
     levels.
       (b) Applicability of Stage 5 Noise Standards to All Civil 
     Jets.--On and after December 31, 2020, the Secretary may not 
     issue a new type certificate for any civil jet for which an 
     application was received after the date of the enactment of 
     this Act, unless the person applying for the type certificate 
     demonstrates that the civil jet complies with stage 5 noise 
     levels.
                                 ______
                                 
  SA 3673. Mr. REED 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 part II of subtitle A of title II, add the 
     following:

     SEC. 2143. PROHIBITION ON OPERATION OF UNMANNED AIRCRAFT 
                   CARRYING A WEAPON.

       (a) In General.--Chapter 463 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 46320. Prohibition on operation of unmanned aircraft 
       carrying a weapon

       ``(a) In General.--A person shall not operate an unmanned 
     aircraft with a weapon attached to, installed on, or 
     otherwise carried by the aircraft.
       ``(b) Penalties.--A person who violates subsection (a)--
       ``(1) shall be liable to the United States Government for a 
     civil penalty of not more than $27,500; and
       ``(2) may be fined under title 18, imprisoned for not more 
     than 5 years, or both.
       ``(c) Nonapplication to Public Aircraft.--This section does 
     not apply to public aircraft.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority of the Administrator 
     with respect to manned or unmanned aircraft.
       ``(e) Definitions.--In this section:
       ``(1) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given that term in section 44801.
       ``(2) Weapon.--The term `weapon'--
       ``(A) means a weapon, device, instrument, material, or 
     substance, animate or inanimate, that is used for, or is 
     readily capable of, causing death or serious bodily injury; 
     and
       ``(B) includes a firearm or destructive device (as those 
     terms are defined in section 921 of title 18).''.
       (b) Conforming Amendment.--Section 46301(d)(2) of such 
     title is amended, in the first sentence, by inserting 
     ``section 46320,'' before ``or section 47107(b)''.
       (c) Clerical Amendment.--The analysis for chapter 463 of 
     such title is amended by inserting after the item relating to 
     section 46319 the following:

``46320. Prohibition on operation of unmanned aircraft carrying a 
              weapon.''.
                                 ______
                                 
  SA 3674. Mr. REED 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. __. REIMBURSEMENT FOR AIRPORT SECURITY PROJECTS.

       Paragraph (3) of section 44923(h) is amended to read as 
     follows:
       ``(3) Discretionary grants.--
       ``(A) In general.--Of the amount made available under 
     paragraph (1) for a fiscal year, up to $ 50,000,000 shall be 
     used to make discretionary grants, including other 
     transaction agreements for airport security improvement 
     projects, with priority given to small hub airports and 
     nonhub airports.
       ``(B) Reimbursement.--For each fiscal year, of the amount 
     available under paragraph (1), up to $20,000,000 shall be 
     made available for reimbursement to airports that have 
     incurred eligible costs under section 1604(b)(2) of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007 (Public Law 110-53; 121 Stat. 481).''.
                                 ______
                                 
  SA 3675. Ms. HEITKAMP (for herself and Mr. Inhofe) 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 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.
                                 ______
                                 
  SA 3676. Ms. HEITKAMP 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 86, line 19, insert after ``unmanned aircraft'' the 
     following: ``, including in circumstances in which there has 
     been significant experience operating the associated unmanned 
     aircraft within a country with which the United States 
     maintains a trusted aviation relationship''.
                                 ______
                                 
  SA 3677. Mr. MARKEY 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 61, line 14, insert ``, except those operated for 
     news gathering activities protected by the First Amendment to 
     the Constitution of the United States'' after ``system''.
                                 ______
                                 
  SA 3678. Ms. HIRONO (for herself, Mr. Brown, Ms. Warren, and Mrs. 
Shaheen) 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:

       In section 2306, strike subsections (b) and (c) and insert 
     the following:
       (b) Contents.--In revising the rule under subsection (a), 
     the Administrator shall ensure that--
       (1) a flight attendant scheduled to a duty period of 14 
     hours or less is given a scheduled rest period of at least 10 
     consecutive hours; and
       (2) the rest period required under paragraph (1) is not 
     reduced under any circumstances.
                                 ______
                                 
  SA 3679. Mr. McCONNELL (for Mr. Thune (for himself and Mr. Nelson)) 
proposed an amendment to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

[[Page 3996]]



     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

         Subtitle B--Airport Improvement Program Modifications

Sec. 1201. Small airport regulation relief.
Sec. 1202. Priority review of construction projects in cold weather 
              States.
Sec. 1203. State block grants updates.
Sec. 1204. Contract Tower Program updates.
Sec. 1205. Approval of certain applications for the contract tower 
              program.
Sec. 1206. Remote towers.
Sec. 1207. Midway Island airport.
Sec. 1208. Airport road funding.
Sec. 1209. Repeal of inherently low-emission airport vehicle pilot 
              program.
Sec. 1210. Modification of zero-emission airport vehicles and 
              infrastructure pilot program.
Sec. 1211. Repeal of airport ground support equipment emissions 
              retrofit pilot program.
Sec. 1212. Funding eligibility for airport energy efficiency 
              assessments.
Sec. 1213. Recycling plans; safety projects at unclassified airports.
Sec. 1214. Transfers of instrument landing systems.
Sec. 1215. Non-movement area surveillance pilot program.
Sec. 1216. Amendments to definitions.
Sec. 1217. Clarification of noise exposure map updates.
Sec. 1218. Provision of facilities.
Sec. 1219. Contract weather observers.
Sec. 1220. Federal share adjustment.
Sec. 1221. Miscellaneous technical amendments.
Sec. 1222. Mothers' rooms at airports.
Sec. 1223. Eligibility for airport development grants at airports that 
              enter into certain leases with components of the Armed 
              Forces.
Sec. 1224. Clarification of definition of aviation-related activity for 
              hangar use.
Sec. 1225. Use of airport improvement program funds for runway safety 
              repairs.
Sec. 1226. Definition of small business concern.

                 Subtitle C--Passenger Facility Charges

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

                            TITLE II--SAFETY

              Subtitle A--Unmanned Aircraft Systems Reform

Sec. 2001. Definitions.

                    PART I--Privacy and Transparency

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

                   PART II--Unmanned Aircraft Systems

Sec. 2121. Definitions.
Sec. 2122. Utilization of unmanned aircraft system test sites.
Sec. 2123. Additional research, development, and testing.
Sec. 2124. Safety standards.
Sec. 2125. Unmanned aircraft systems in the Arctic.
Sec. 2126. Special authority for certain unmanned aircraft systems.
Sec. 2127. Additional rulemaking authority.
Sec. 2128. Governmental unmanned aircraft systems.
Sec. 2129. Special rules for model aircraft.
Sec. 2130. Unmanned aircraft systems aeronautical knowledge and safety.
Sec. 2131. Safety statements.
Sec. 2132. Treatment of unmanned aircraft operating underground.
Sec. 2133. Enforcement.
Sec. 2134. Aviation emergency safety public services disruption.
Sec. 2135. Pilot project for airport safety and airspace hazard 
              mitigation.
Sec. 2136. Contribution to financing of regulatory functions.
Sec. 2137. Sense of Congress regarding small UAS rulemaking.
Sec. 2138. Unmanned aircraft systems traffic management.
Sec. 2139. Emergency exemption process.
Sec. 2140. Public uas operations by tribal governments.
Sec. 2141. Carriage of property by small unmanned aircraft systems for 
              compensation or hire.
Sec. 2142. Collegiate Training Initiative program for unmanned aircraft 
              systems.
Sec. 2143. Incorporation of Federal Aviation Administration occupations 
              relating to unmanned aircraft into veterans employment 
              programs of the Administration.

              PART III--Transition and Savings Provisions

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

                        PART IV--Operator Safety

Sec. 2161. Short title.
Sec. 2162. Findings; sense of Congress.
Sec. 2163. Unsafe operation of unmanned aircraft.

              Subtitle B--FAA Safety Certification Reform

                       PART I--General Provisions

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

                 PART II--Aircraft Certification Reform

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

                   PART III--Flight Standards Reform

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

                       PART IV--Safety Workforce

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

                     PART V--International Aviation

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

          Subtitle C--Airline Passenger Safety and Protections

Sec. 2301. Pilot records database deadline.
Sec. 2302. Access to air carrier flight decks.
Sec. 2303. Aircraft tracking and flight data.
Sec. 2304. Automation reliance improvements.
Sec. 2305. Enhanced mental health screening for pilots.
Sec. 2306. Flight attendant duty period limitations and rest 
              requirements.
Sec. 2307. Training to combat human trafficking for certain air carrier 
              employees.
Sec. 2308. Report on obsolete test equipment.
Sec. 2309. Plan for systems to provide direct warnings of potential 
              runway incursions.
Sec. 2310. Laser pointer incidents.
Sec. 2311. Helicopter air ambulance operations data and reports.
Sec. 2312. Part 135 accident and incident data.
Sec. 2313. Definition of human factors.
Sec. 2314. Sense of Congress; pilot in command authority.
Sec. 2315. Enhancing ASIAS.
Sec. 2316. Improving runway safety.
Sec. 2317. Safe air transportation of lithium cells and batteries.
Sec. 2318. Prohibition on implementation of policy change to permit 
              small, non-locking knives on aircraft.
Sec. 2319. Aircraft cabin evacuation procedures.
Sec. 2320. GAO study of universal deployment of advanced imaging 
              technologies.

                  Subtitle D--General Aviation Safety

Sec. 2401. Automated weather observing systems policy.
Sec. 2402. Tower marking.

[[Page 3997]]

Sec. 2403. Crash-resistant fuel systems.
Sec. 2404. Requirement to consult with stakeholders in defining scope 
              and requirements for Future Flight Service Program.
Sec. 2405. Heads-up guidance system technologies.

                     Subtitle E--General Provisions

Sec. 2501. Designated agency safety and health officer.
Sec. 2502. Repair stations located outside United States.
Sec. 2503. FAA technical training.
Sec. 2504. Safety critical staffing.
Sec. 2505. Approach control radar in all air traffic control towers.
Sec. 2506. Airspace management advisory committee.

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

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

                  TITLE III--AIR SERVICE IMPROVEMENTS

Sec. 3001. Definitions.

             Subtitle A--Passenger Air Service Improvements

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

                   Subtitle B--Essential Air Service

Sec. 3201. Essential air service.
Sec. 3202. Small community air service development program.
Sec. 3203. Small community program amendments.
Sec. 3204. Waivers.
Sec. 3205. Working group on improving air service to small communities.

                 TITLE IV--NEXTGEN AND FAA ORGANIZATION

Sec. 4001. Definitions.

         Subtitle A--Next Generation Air Transportation System

Sec. 4101. Return on investment assessment.
Sec. 4102. Ensuring FAA readiness to use new technology.
Sec. 4103. NextGen annual performance goals.
Sec. 4104. Facility outage contingency plans.
Sec. 4105. ADS-B mandate assessment.
Sec. 4106. Nextgen interoperability.
Sec. 4107. NextGen transition management.
Sec. 4108. Implementation of NextGen operational improvements.
Sec. 4109. Cybersecurity.
Sec. 4110. Securing aircraft avionics systems.
Sec. 4111. Defining NextGen.
Sec. 4112. Human factors.
Sec. 4113. Major acquisition reports.
Sec. 4114. Equipage mandates.
Sec. 4115. Workforce.
Sec. 4116. Architectural leadership.
Sec. 4117. Programmatic risk management.
Sec. 4118. NextGen prioritization.

         Subtitle B--Administration Organization and Employees

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

                         TITLE V--MISCELLANEOUS

Sec. 5001. National Transportation Safety Board investigative officers.
Sec. 5002. Performance-Based Navigation.
Sec. 5003. Overflights of national parks.
Sec. 5004. Navigable airspace analysis for commercial space launch site 
              runways.
Sec. 5005. Survey and report on spaceport development.
Sec. 5006. Aviation fuel.
Sec. 5007. Comprehensive Aviation Preparedness Plan.
Sec. 5008. Advanced Materials Center of Excellence.
Sec. 5009. Interference with airline employees.
Sec. 5010. Secondary cockpit barriers.
Sec. 5011. GAO evaluation and audit.
Sec. 5012. Federal Aviation Administration performance measures and 
              targets.
Sec. 5013. Staffing of certain air traffic control towers.
Sec. 5014. Critical airfield markings.
Sec. 5015. Research and deployment of certain airfield pavement 
              technologies.
Sec. 5016. Report on general aviation flight sharing.
Sec. 5017. Increase in duration of general aviation aircraft 
              registration.
Sec. 5018. Modification of limitation of liability relating to 
              aircraft.
Sec. 5019. Government Accountability Office study of illegal drugs 
              seized at international airports in the United States.
Sec. 5020. Sense of Congress on preventing the transportation of 
              disease-carrying mosquitoes and other insects on 
              commercial aircraft.
Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex 
              program.
Sec. 5022. Report on plans for air traffic control facilities in the 
              New York City and Newark region.
Sec. 5023. GAO study of international airline alliances.
Sec. 5024. Treatment of multi-year lessees of large and turbine-powered 
              multiengine aircraft.
Sec. 5025. Evaluation of emerging technologies.
Sec. 5026. Student outreach report.
Sec. 5027. Right to privacy when using air traffic control system.
Sec. 5028. Conduct of security screening by the Transportation Security 
              Administration at certain airports.
Sec. 5029. Aviation cybersecurity.
Sec. 5030. Prohibitions against smoking on passenger flights.
Sec. 5031. National multimodal freight advisory committee.
Sec. 5032. Technical and conforming amendments.
Sec. 5033. Visible Deterrent.
Sec. 5034. Law enforcement training for mass casualty and active 
              shooter incidents.
Sec. 5035. Assistance to airports and surface transportation systems.
Sec. 5036. Authorization of certain flights by Stage 2 airplanes.

       TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION

       Subtitle A--Airport Security Enhancement and Oversight Act

Sec. 6101. Short title.
Sec. 6102. Findings.
Sec. 6103. Definitions.
Sec. 6104. Threat assessment.
Sec. 6105. Oversight.
Sec. 6106. Credentials.
Sec. 6107. Vetting.
Sec. 6108. Metrics.
Sec. 6109. Inspections and assessments.
Sec. 6110. Covert testing.
Sec. 6111. Security directives.
Sec. 6112. Implementation report.
Sec. 6113. Miscellaneous amendments.

                 Subtitle B--TSA PreCheck Expansion Act

Sec. 6201. Short title.
Sec. 6202. Definitions.
Sec. 6203. PreCheck Program authorization.
Sec. 6204. PreCheck Program enrollment expansion.

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

Sec. 6301. Short title.
Sec. 6302. Last point of departure airport security assessment.
Sec. 6303. Security coordination enhancement plan.
Sec. 6304. Workforce assessment.
Sec. 6305. Donation of screening equipment to protect the United 
              States.
Sec. 6306. National cargo security program.

                       Subtitle D--Miscellaneous

Sec. 6401. International training and capacity development.
Sec. 6402. Checkpoints of the future.

[[Page 3998]]

 TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

Sec. 7101. Expenditure authority from Airport and Airway Trust Fund.
Sec. 7102. Extension of taxes funding Airport and Airway Trust Fund.

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

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

     SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.

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

     SEC. 4. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

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

     SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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

     SEC. 1003. FAA OPERATIONS.

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

     SEC. 1004. FAA RESEARCH AND DEVELOPMENT.

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

     SEC. 1005. FUNDING FOR AVIATION PROGRAMS.

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

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

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

     SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Marshall Islands, Micronesia, and Palau.--Section 
     47115(j) is amended by striking ``2015 and for the period 
     beginning on October 1, 2015, and ending on July 15, 2016,'' 
     and inserting ``2017''.
       (b) Extension of Compatible Land Use Planning and Projects 
     by State and Local Governments.--Section 47141(f) is amended 
     by striking ``July 15, 2016'' and inserting ``September 30, 
     2017''.
       (c) Inspector General Report on Participation in FAA 
     Programs by Disadvantaged Small Business Concerns.--
       (1) In general.--For each of fiscal years 2016 through 
     2017, the Inspector General of the Department of 
     Transportation shall submit to Congress a report on the 
     number of new small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, 
     including those owned by veterans, that participated in the 
     programs and activities funded using the amounts made 
     available under this Act.
       (2) New small business concerns.--For purposes of paragraph 
     (1), a new small business concern is a small business concern 
     that did not participate in the programs and activities 
     described in paragraph (1) in a previous fiscal year.
       (3) Contents.--The report shall include--
       (A) a list of the top 25 and bottom 25 large and medium hub 
     airports in terms of providing opportunities for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to participate in the 
     programs and activities funded using the amounts made 
     available under this Act;
       (B) the results of an assessment, to be conducted by the 
     Inspector General, on the reasons why the top airports have 
     been successful in providing such opportunities; and
       (C) recommendations to the Administrator of the Federal 
     Aviation Administration and Congress on methods for other 
     airports to achieve results similar to those of the top 
     airports.
       (d) Extension of Pilot Program for Redevelopment of Airport 
     Properties.--Section 822(k) of the FAA Modernization and 
     Reform Act of 2012 (49 U.S.C. 47141 note) is amended by 
     striking ``July 15, 2016'' and inserting ``September 30, 
     2017''.

         Subtitle B--Airport Improvement Program Modifications

     SEC. 1201. SMALL AIRPORT REGULATION RELIEF.

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

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

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

     SEC. 1203. STATE BLOCK GRANTS UPDATES.

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

     SEC. 1204. CONTRACT TOWER PROGRAM UPDATES.

       (a) Special Rule.--Section 47124(b)(1)(B) is amended by 
     striking ``after such determination is made'' and inserting 
     ``after the end of the period described in subsection 
     (d)(6)(C)''.
       (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.

[[Page 3999]]

       ``(2) Contract tower program at non-cost-share airports.--
     Beginning on the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016, if a tower is 
     operating under the Contract Tower Program and continued 
     under subsection (b)(1), the Secretary shall not calculate a 
     new benefit-to-cost ratio for the tower unless the annual 
     aircraft traffic at the airport where the tower is located 
     decreases by more than 25 percent from the previous year or 
     by more than 60 percent over a 3-year period.
       ``(3) Considerations.--In establishing a benefit-to-cost 
     ratio under paragraph (1) or paragraph (2), the Secretary may 
     consider only the following costs:
       ``(A) The Federal Aviation Administration's actual cost of 
     wages and benefits of personnel working at the tower.
       ``(B) The Federal Aviation Administration's actual 
     telecommunications costs of the tower.
       ``(C) Relocation and replacement costs of equipment of the 
     Federal Aviation Administration associated with the tower, if 
     paid for by the Federal Aviation Administration.
       ``(D) Logistics, such as direct costs associated with 
     establishing or updating the tower's interface with other 
     systems and equipment of the Federal Aviation Administration, 
     if paid for by the Federal Aviation Administration.
       ``(4) Exclusions.--In establishing a benefit-to-cost ratio 
     under paragraph (1) or paragraph (2), the Secretary may not 
     consider the following costs:
       ``(A) Airway facilities costs, including labor and other 
     costs associated with maintaining and repairing the systems 
     and equipment of the Federal Aviation Administration.
       ``(B) Costs for depreciating the building and equipment 
     owned by the Federal Aviation Administration.
       ``(C) Indirect overhead costs of the Federal Aviation 
     Administration.
       ``(D) Costs for utilities, janitorial, and other services 
     paid for or provided by the airport or the State or political 
     subdivision of a State having jurisdiction over the airport 
     where the tower is located.
       ``(E) The cost of new or replacement equipment, or 
     construction of a new or replacement tower, if the costs 
     incurred were incurred by the airport or the State or 
     political subdivision of a State having jurisdiction over the 
     airport where the tower is or will be located.
       ``(F) Other expenses of the Federal Aviation Administration 
     not directly associated with the actual operation of the 
     tower.
       ``(5) Margin of error.--The Secretary shall add a 5 percent 
     margin of error to a benefit-to-cost ratio determination to 
     acknowledge and account for any direct or indirect factors 
     that are not included in the criteria the Secretary used in 
     calculating the benefit-to-cost ratio.
       ``(6) Procedures.--The Secretary shall establish 
     procedures--
       ``(A) to allow an airport or the State or political 
     subdivision of a State having jurisdiction over the airport 
     where the tower is located not less than 90 days following 
     the receipt of an initial benefit-to-cost ratio determination 
     from the Secretary--
       ``(i) to request the Secretary reconsider that 
     determination; and
       ``(ii) to submit updated or additional data to the 
     Secretary in support of the reconsideration;
       ``(B) to allow the Secretary not more than 90 days to 
     review the data submitted under subparagraph (A)(ii) and 
     respond to the request under subparagraph (A)(i);
       ``(C) to allow the airport, State, or political subdivision 
     of a State, as applicable, 30 days following the date of the 
     response under subparagraph (B) to review the response before 
     any action is taken based on a benefit-to-cost determination; 
     and
       ``(D) to provide, after the end of the period described in 
     subparagraph (C), an 18-month grace period before cost-share 
     payments are due from the airport, State, or political 
     subdivision of a State if as a result of the benefit-to-cost 
     ratio determination the airport, State, or political 
     subdivision, as applicable, is required to transition to the 
     Cost-share Program.
       ``(e) Definitions.--In this section:
       ``(1) Contract tower program.--The term `Contract Tower 
     Program' means the level I air traffic control tower contract 
     program established under subsection (a) and continued under 
     subsection (b)(1).
       ``(2) Cost-share program.--The term `Cost-share Program' 
     means the cost-share program established under subsection 
     (b)(3).''.
       (e) Conforming Amendments.--Section 47124(b) is amended--
       (1) in paragraph (1)(C), by striking ``the program 
     established under paragraph (3)'' and inserting ``the Cost-
     share Program'';
       (2) in paragraph (3)--
       (A) in the heading, by striking ``Contract air traffic 
     control tower program'' and inserting ``Cost-share program'';
       (B) in subparagraph (A), by striking ``contract tower 
     program established under subsection (a) and continued under 
     paragraph (1) (in this paragraph referred to as the `Contract 
     Tower Program')'' and inserting ``Contract Tower Program'';
       (C) in subparagraph (B), by striking ``In carrying out the 
     program'' and inserting ``In carrying out the Cost-share 
     Program'';
       (D) in subparagraph (C), by striking ``participate in the 
     program'' and inserting ``participate in the Cost-share 
     Program'';
       (E) in subparagraph (D), by striking ``under the program'' 
     and inserting ``under the Cost-share Program''; and
       (F) in subparagraph (F), by striking ``the program 
     continued under paragraph (1)'' and inserting ``the Contract 
     Tower Program''; and
       (3) in paragraph (4)(B)(i)(I), by striking ``contract tower 
     program established under subsection (a) and continued under 
     paragraph (1) or the pilot program established under 
     paragraph (3)'' and inserting ``Contract Tower Program or the 
     Cost-share Program''.
       (f) Exemption.--Section 47124(b)(3)(D) is amended by adding 
     at the end the following: ``Airports with both Part 121 air 
     service and more than 25,000 passenger enplanements in 
     calendar year 2014 shall be exempt from any cost share 
     requirement under the Cost-share Program.''.
       (g) Savings Provision.--Notwithstanding the amendments made 
     by this section, the towers for which assistance is being 
     provided under section 41724 of title 49, United States Code, 
     on the day before the date of enactment of this Act may 
     continue to be provided such assistance under the terms of 
     that section as in effect on that day.

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

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

     SEC. 1206. REMOTE TOWERS.

       (a) Pilot Program.--
       (1) Establishment.--The Administrator of the Federal 
     Aviation Administration shall establish--
       (A) in consultation with airport operators and general 
     aviation users, a pilot program at public-use airports to 
     construct and operate remote towers; and
       (B) a selection process for participation in the pilot 
     program.
       (2) Safety considerations.--In establishing the pilot 
     program, the Administrator shall consult with operators of 
     remote towers in foreign countries to design the pilot 
     program in a manner that leverages as many safety and 
     airspace efficiency benefits as possible.
       (3) Requirements.--In selecting the airports for 
     participation in the pilot program, the Administrator shall--
       (A) to the extent practicable, ensure that at least 2 
     different vendors of remote tower systems participate;
       (B) include at least 1 airport currently in the Contract 
     Tower Program and at least 1 airport that does not have an 
     air traffic control tower; and
       (C) clearly identify the research questions that will be 
     addressed at each airport.
       (4) Research.--In selecting an airport for participation in 
     the pilot program, the Administrator shall consider--
       (A) how inclusion of that airport will add research value 
     to assist the Administrator in evaluating the feasibility, 
     safety, and cost-benefits of remote towers;
       (B) the amount and variety of air traffic at an airport; 
     and
       (C) the costs and benefits of including that airport.
       (5) Data.--The Administrator shall clearly identify and 
     collect air traffic control information and data from 
     participating airports that will assist the Administrator in 
     evaluating the feasibility, safety, and cost-benefits of 
     remote towers.
       (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

[[Page 4000]]

     Tower Program and for airports without any air traffic 
     control tower, or to improve safety at airports with towers.
       (7) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall select 
     airports for participation in the pilot program.
       (8) Definitions.--In this subsection:
       (A) Contract tower program.--The term ``Contract Tower 
     Program'' has the meaning given the term in section 47124(e) 
     of title 49, United States Code.
       (B) Remote tower.--The term ``remote tower'' means a system 
     whereby air traffic services are provided to operators at an 
     airport from a location that may not be on or near the 
     airport.
       (b) AIP Funding Eligibility.--For purposes of the pilot 
     program under subsection (a), and after certificated systems 
     are available, constructing a remote tower or acquiring and 
     installing air traffic control, communications, or related 
     equipment for a remote tower shall be considered airport 
     development (as defined in section 47102 of title 49, United 
     States Code) for purposes of subchapter I of chapter 471 of 
     that title if components are installed and used at the 
     airport, except for off-airport sensors installed on leased 
     towers, as needed.

     SEC. 1207. MIDWAY ISLAND AIRPORT.

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

     SEC. 1208. AIRPORT ROAD FUNDING.

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

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

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

``47136. [Reserved].''.

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

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

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

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

``47140. [Reserved].''.

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

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

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

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

     SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS.

       Section 44502(e) is amended by striking the first sentence 
     and inserting ``An airport may transfer, without 
     consideration, to the Administrator of the Federal Aviation 
     Administration an instrument landing system consisting of a 
     glide slope and localizer that conforms to performance 
     specifications of the Administrator if an airport improvement 
     project grant was used to assist in purchasing the system, 
     and if the Federal Aviation Administration has determined 
     that a satellite navigation system cannot provide a suitable 
     approach.''.

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

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

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

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

[[Page 4001]]

       ``(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;
       (2) detailing how the Federal Aviation Administration will 
     accurately report rapidly changing severe weather conditions 
     at these airports, including thunderstorms, lightning, fog, 
     visibility, smoke, dust, haze, cloud layers and ceilings, ice 
     pellets, and freezing rain or drizzle without contract 
     weather observers;
       (3) indicating how airports can comply with applicable 
     Federal Aviation Administration orders governing weather 
     observations given the current documented limitations of 
     automated surface observing systems; and
       (4) identifying the process through which the Federal 
     Aviation Administration analyzed the safety hazards 
     associated with the elimination of the contract weather 
     observer program.
       (b) Continued Use of Contract Weather Observers.--The 
     Administrator may not discontinue the contract weather 
     observer program at any airport until October 1, 2017.
       (c) Report on Golden Triangle Initiative of NOAA.--
       (1) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration and the Administrator 
     of the Federal Aviation Administration shall jointly submit 
     to the appropriate committees of Congress a report on the 
     Golden Triangle Initiative of the National Oceanic and 
     Atmospheric Administration.
       (2) Elements.--The report shall include the following:
       (A) An assessment of the impacts of enhanced aviation 
     forecast services provided as part of the Golden Triangle 
     Initiative on weather-related air traffic delays.
       (B) A description of the costs of providing such enhanced 
     aviation forecast services.
       (C) A description of potential alternative mechanisms to 
     provide enhanced aviation forecast services comparable to 
     such enhanced aviation forecast services for airports in 
     rural or low population density areas.

     SEC. 1220. FEDERAL SHARE ADJUSTMENT.

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

     SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS.

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

     SEC. 1222. MOTHERS' ROOMS AT AIRPORTS.

       (a) Lactation Area Defined.--Section 47102, as amended by 
     section 1216 of this Act, is further amended--
       (1) by redesignating paragraphs (12) through (31) as 
     paragraphs (13) through (32), respectively; and
       (2) by inserting after paragraph (11) the following:
       ``(12) `lactation area' means a room or other location in a 
     commercial service airport that--
       ``(A) provides a location for members of the public to 
     express breast milk that is shielded from view and free from 
     intrusion from the public;

[[Page 4002]]

       ``(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, without 
     regard to whether that component operates aircraft at the 
     airport.''.

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

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

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

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

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

       ``(a) In General.--The Secretary of Transportation may make 
     project grants under this subchapter to an airport described 
     in subsection (b) from funds under section 47114 apportioned 
     to that airport or funds available for discretionary grants 
     to that airport under section 47115 to conduct airport 
     development to repair the runway safety area of the airport 
     damaged as a result of a natural disaster in order to 
     maintain compliance with the regulations of the Federal 
     Aviation Administration relating to runway safety areas, 
     without regard to whether construction of the runway safety 
     area damaged was carried out using amounts the airport 
     received under this subchapter.
       ``(b) Airports Described.--An airport is described in this 
     subsection if--
       ``(1) the airport is a public-use airport;
       ``(2) the airport is listed in the National Plan of 
     Integrated Airport Systems of the Federal Aviation 
     Administration;
       ``(3) the runway safety area of the airport was damaged as 
     a result of a natural disaster;
       ``(4) the airport was denied funding under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 4121 et seq.) with respect to the disaster;
       ``(5) the operator of the airport has exhausted all legal 
     remedies, including legal action against any parties (or 
     insurers thereof) whose action or inaction may have 
     contributed to the need for the repair of the runway safety 
     area;
       ``(6) there is still a demonstrated need for the runway 
     safety area to accommodate current or imminent aeronautical 
     demand; and
       ``(7) the cost of repairing or replacing the runway safety 
     area is reasonable in relation to the anticipated operational 
     benefit of repairing the runway safety area, as determined by 
     the Administrator of the Federal Aviation Administration.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 471, as amended by this subtitle, is further amended 
     by inserting after the item relating to section 47143 the 
     following:

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

     SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.

       Section 47113(a)(1) is amended to read as follows:
       ``(1) `small business concern'--
       ``(A) except as provided in subparagraph (B), has the same 
     meaning given that term in section 3 of the Small Business 
     Act (15 U.S.C. 632); and
       ``(B) in the case of a concern in the construction 
     industry, a concern shall be considered a small business 
     concern if the concern meets the size standard for the North 
     American Industry Classification System Code 237310, as 
     adjusted by the Small Business Administration;''.

                 Subtitle C--Passenger Facility Charges

     SEC. 1301. PFC STREAMLINING.

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

     SEC. 1302. INTERMODAL ACCESS PROJECTS.

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

[[Page 4003]]

     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 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

[[Page 4004]]

     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. 40101 note), and any public 
     entity authorized by the Federal Aviation Administration as 
     an unmanned aircraft system flight test center before January 
     1, 2009, to facilitate the safe integration of unmanned 
     aircraft systems into the national airspace system.
       ``(2) Termination.--The program shall terminate on 
     September 30, 2022.
       ``(b) Program Requirements.--In establishing the program 
     under subsection (a), the Administrator shall--
       ``(1) designate airspace for safely testing the integration 
     of unmanned flight operations in the national airspace 
     system;
       ``(2) develop operational standards and air traffic 
     requirements for unmanned flight operations at test sites, 
     including test ranges;
       ``(3) coordinate with and leverage the resources of the 
     National Aeronautics and Space Administration and the 
     Department of Defense;
       ``(4) address both civil and public unmanned aircraft 
     systems;
       ``(5) ensure that the program is coordinated with relevant 
     aspects of the Next Generation Air Transportation System;
       ``(6) provide for verification of the safety of unmanned 
     aircraft systems and related navigation procedures as it 
     relates to continued development of standards for integration 
     into the national airspace system;
       ``(7) engage each test site operator in projects for 
     research, development, testing, and evaluation of unmanned 
     aircraft systems to facilitate the Federal Aviation 
     Administration's development of standards for the safe 
     integration of unmanned aircraft into the national airspace 
     system, which may include solutions for--
       ``(A) developing and enforcing geographic and altitude 
     limitations;
       ``(B) classifications of airspace where manufacturers must 
     prevent flight of an unmanned aircraft system;
       ``(C) classifications of airspace where manufacturers of 
     unmanned aircraft systems must alert the operator to hazards 
     or limitations on flight;
       ``(D) sense and avoid capabilities;
       ``(E) beyond-line-of-sight, nighttime operations and 
     unmanned traffic management, or other critical research 
     priorities; and
       ``(F) improving privacy protections through the use of 
     advances in unmanned aircraft systems technology;
       ``(8) coordinate periodically with all test site operators 
     to ensure test site operators know which data should be 
     collected, what procedures should be followed, and what 
     research would advance efforts to safely integrate unmanned 
     aircraft systems into the national airspace system;
       ``(9) allow a test site to develop multiple test ranges 
     within the test site;
       ``(10) streamline the approval process for test sites when 
     processing unmanned aircraft certificates of waiver or 
     authorization for operations at the test sites;
       ``(11) require each test site operator to protect 
     proprietary technology, sensitive data, or sensitive research 
     of any civil or private entity when using that test site 
     without the

[[Page 4005]]

     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, and in coordination with the Center of Excellence for 
     Unmanned Aircraft Systems.
       (c) Use of Center of Excellence for Unmanned Aircraft 
     Systems.--The Administrator, in carrying out research 
     necessary to establish the consensus safety standards and 
     certification requirements in section 44803 of title 49, 
     United States Code, as added by section 2124, shall, to the 
     maximum extent practicable, leverage the research and testing 
     capacity and capabilities of the Center of Excellence for 
     Unmanned Aircraft Systems and the test sites (as defined in 
     44801 of such title, as added by section 2121).

     SEC. 2124. SAFETY STANDARDS.

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

     ``SEC. 44803. AIRCRAFT SAFETY STANDARDS.

       ``(a) Consensus Aircraft Safety Standards.--Not later than 
     60 days after the date of enactment of the Federal Aviation 
     Administration Reauthorization Act of 2016, the Director of 
     the National Institute of Standards and Technology and the 
     Administrator of the Federal Aviation Administration, in 
     consultation with government and industry stakeholders and 
     appropriate standards-setting organizations, shall initiate a 
     collaborative process to develop risk-based, consensus 
     industry airworthiness standards related to the safe 
     integration of small unmanned aircraft systems into the 
     national airspace system.
       ``(b) Considerations.--In developing the consensus aircraft 
     safety standards, the Director and Administrator shall 
     consider the following:
       ``(1) Technologies or standards related to geographic 
     limitations, altitude limitations, and sense and avoid 
     capabilities.
       ``(2) Using performance-based standards.
       ``(3) Predetermined action to maintain safety in the event 
     that a communications link between a small unmanned aircraft 
     and its operator is lost or compromised.
       ``(4) Detectability and identifiability to pilots, the 
     Federal Aviation Administration, and air traffic controllers, 
     as appropriate.
       ``(5) Means to prevent tampering with or modification of 
     any system, limitation, or other safety mechanism or standard 
     under this section or any other provision of law, including a 
     means to identify any tampering or modification that has been 
     made.
       ``(6) Consensus identification standards under section 
     2105.
       ``(7) How to update or modify a small unmanned aircraft 
     system that was commercially distributed prior to the 
     development of the consensus aircraft safety standards so 
     that, to the greatest extent practicable, such systems meet 
     the consensus aircraft safety standards.
       ``(8) Any technology or standard related to small unmanned 
     aircraft systems that promotes aviation safety.
       ``(c) Consultation.--In developing the consensus aircraft 
     safety standards under subsection (a), the Director and 
     Administrator shall consult with--
       ``(1) the Administrator of the National Aeronautics and 
     Space Administration;
       ``(2) the President of RTCA, Inc.;
       ``(3) the Secretary of Defense;
       ``(4) each operator of a test site under section 44802;
       ``(5) the Center of Excellence for Unmanned Aircraft 
     Systems;
       ``(6) unmanned aircraft systems stakeholders; and
       ``(7) community-based aviation organizations.
       ``(d) FAA Approval.--Not later than 1 year after the date 
     of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall establish a process for the 
     approval of small unmanned aircraft systems make and models 
     based upon the consensus aircraft safety standards developed 
     under subsection (a). The consensus aircraft safety standards 
     developed under subsection (a) shall allow the Administrator 
     to approve small unmanned aircraft systems for operation 
     within the national airspace system without requiring the 
     type certification process in parts 21 and 23 of the Code of 
     Federal Regulations.
       ``(e) Eligibility.--The consensus aircraft safety standards 
     for approval of small unmanned aircraft systems developed 
     under this section shall set eligibility requirements for an 
     airworthiness approval of a small unmanned aircraft system 
     which shall include the following:
       ``(1) An applicant must provide the Federal Aviation 
     Administration with--
       ``(A) the aircraft's operating instructions; and

[[Page 4006]]

       ``(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.
       ``(f) Operation by Owners and Operators of Critical 
     Infrastructure.--
       ``(1) In general.--Any application process established 
     under subsection (a) shall allow for a covered person to 
     apply to the Administrator to operate an unmanned aircraft 
     system to conduct activities described in paragraph (2)--
       ``(A) beyond the visual line of sight of the individual 
     operating the unmanned aircraft system; and
       ``(B) operation during the day or at night.
       ``(2) Activities described.--The activities described in 
     this paragraph that a covered person may use an unmanned 
     aircraft system to conduct are the following:
       ``(A) Activities for which compliance with current law or 
     regulation can be accomplished by the use of manned aircraft, 
     including--
       ``(i) conducting activities to ensure compliance with 
     Federal or State regulatory, permit, or other requirements, 
     including to conduct surveys associated with applications for 
     permits for new pipeline or pipeline systems construction or 
     maintenance or rehabilitation of existing pipelines or 
     pipeline systems; or
       ``(ii) conducting activities relating to ensuring 
     compliance with--

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

       ``(B) Activities to inspect, repair, construct, maintain, 
     or protect covered facilities, including to respond to a 
     pipeline, pipeline system, or electric energy infrastructure 
     incident, or in response to or in preparation for a natural 
     disaster, man-made disaster, severe weather event, or other 
     incident beyond the control of the covered person that may 
     cause material damage to a covered facility.
       ``(3) Definitions.--In this subsection:
       ``(A) Covered facility.--The term `covered facility' means 
     a pipeline, pipeline system, electric energy generation, 
     transmission, or distribution facility (including renewable 
     electric energy), oil or gas production, refining, or 
     processing facility, or other critical infrastructure.
       ``(B) Covered person.--The term `covered person' means a 
     person that--
       ``(i) owns or operates a covered facility;
       ``(ii) is the sponsor of a covered facility project;
       ``(iii) is an association of persons described by clause 
     (i) or (ii) and is seeking programmatic approval for an 
     activity in accordance with this subsection; or

[[Page 4007]]

       ``(iv) is an agent of any person described in clause (i), 
     (ii), or (iii).
       ``(C) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given that term in section 
     2339D of title 18.
       ``(4) Deadline.--Within 90 days from the date of enactment 
     of the FAA Reauthorization of 2016 the Administrator must 
     certify to the appropriate committees of Congress that a 
     process has been established to facilitate applications for 
     operations provided for under this subsection. If the 
     Administrator cannot provide this certification, the 
     Administrator, within 180 days of from the due date of that 
     certification, shall update the process under (a) to provide 
     for such applications.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2125 of this Act, is further 
     amended by inserting after the item relating to section 44804 
     the following:

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

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

     SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY.

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

[[Page 4008]]

       ``(iv) within Class G airspace; and
       ``(v) outside of 5 statute miles from any airport, 
     heliport, seaplane base, spaceport, or other location with 
     aviation activities.
       ``(d) Data Minimization for Certain Public Unmanned 
     Aircraft System Operators.--Not later than 180 days after the 
     date of enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016 each Federal agency authorized by 
     the Secretary to operate an unmanned aircraft system shall 
     develop and update a data minimization policy that requires, 
     at a minimum, that--
       ``(1) prior to the deployment of any new unmanned aircraft 
     system technology, and at least every 3 years, existing 
     policies and procedures relating to the collection, use, 
     retention, and dissemination of information obtained by an 
     unmanned aircraft system must be examined to ensure that 
     privacy, civil rights, and civil liberties are protected;
       ``(2) if the unmanned aircraft system is the platform for 
     information collection, information must be collected, used, 
     retained, and disseminated consistent with the Constitution, 
     Federal law, and other applicable regulations and policies, 
     such as the Privacy Act of 1974 (5 U.S.C. 552a);
       ``(3) the Federal agency or person operating on its behalf, 
     only collect information using the unmanned aircraft system, 
     or use unmanned aircraft system-collected information, to the 
     extent that the collection or use is consistent with and 
     relevant to an authorized purpose as determined by the head 
     of a Federal agency and consistent with the law;
       ``(4) any information collected, using an unmanned aircraft 
     or an unmanned aircraft system, that may contain personal 
     information will not be retained by any Federal agency for 
     more than 180 days after the date of collection unless--
       ``(A) the head of the Federal agency determines that 
     retention of the information is directly relevant and 
     necessary to accomplish the specific purpose for which the 
     Federal agency used the unmanned aircraft system;
       ``(B) that Federal agency maintains the information in a 
     system of records under section 552a of title 5; or
       ``(C) the information is required to be retained for a 
     longer period under other applicable law, including 
     regulations;
       ``(5) any information collected, using an unmanned aircraft 
     or unmanned aircraft system, that is not maintained in a 
     system of records under section 552a of title 5, will not be 
     disseminated outside of that Federal agency unless--
       ``(A) dissemination is required by law; or
       ``(B) dissemination satisfies an authorized purpose and 
     complies with that Federal agency's disclosure requirements;
       ``(6) to the extent it does not compromise law enforcement 
     or national security a Federal agency shall--
       ``(A) provide notice to the public regarding where in the 
     national airspace system the Federal agency is authorized to 
     operate the unmanned aircraft system;
       ``(B) keep the public informed about the Federal agency's 
     unmanned aircraft system program, including any changes to 
     that program that would significantly affect privacy, civil 
     rights, or civil liberties;
       ``(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

[[Page 4009]]

       ``(E) ensuring, to the greatest extent practicable, that 
     updates to the operational parameters correspond to, and 
     leverage, advances in technology.
       ``(3) Savings clause.--Nothing in this subsection shall be 
     construed as expanding the authority of the Administrator to 
     require operators of model aircraft under the exemption of 
     this subsection to be required to seek permissive authority 
     of the Administrator prior to operation in the national 
     airspace system.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to limit the authority of the 
     Administrator to pursue enforcement action against persons 
     operating model aircraft.
       ``(d) Model Aircraft Defined.--In this section, the term 
     `model aircraft' means an unmanned aircraft that--
       ``(1) is capable of sustained flight in the atmosphere; and
       ``(2) is limited to weighing not more than 55 pounds, 
     including the weight of anything attached to or carried by 
     the aircraft, unless otherwise approved through a design, 
     construction, inspection, flight test, and operational safety 
     program administered by a community-based organization.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     448, as amended by section 2128 of this Act, is further 
     amended by inserting after the item relating to section 44807 
     the following:

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

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

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

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

     ``Sec. 44809. Aeronautical knowledge and safety test

       ``(a) In General.--An individual may not operate an 
     unmanned aircraft system unless--
       ``(1) the individual has successfully completed an 
     aeronautical knowledge and safety test under subsection (c);
       ``(2) the individual has authority to operate an unmanned 
     aircraft under other Federal law; or
       ``(3) the individual is a holder of an airmen certificate 
     issued under section 44703.
       ``(b) Exception.--This section shall not apply to the 
     operation of an unmanned aircraft system that has been 
     authorized by the Federal Aviation Administration under 
     section 44802, 44805, 44806, or 44807. The Administrator may 
     waive the requirements of this section for operators of 
     aircraft weighing less than 0.55 pounds or for operators 
     under the age of 13 operating the unmanned aircraft system 
     under the supervision of an adult as determined by the 
     Administrator.
       ``(c) Aeronautical Knowledge and Safety Test.--Not later 
     than 180 days after the date of enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016, the 
     Administrator of the Federal Aviation Administration, in 
     consultation with manufacturers of unmanned aircraft systems, 
     other industry stakeholders, and community-based aviation 
     organizations, shall develop an aeronautical knowledge and 
     safety test that can be administered electronically.
       ``(d) Requirements.--The Administrator shall ensure that 
     the aeronautical knowledge 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

[[Page 4010]]

       (2) by adding at the end the following:

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

       ``(a) Prohibition.--No person may operate an aircraft so as 
     to interfere with firefighting, law enforcement, or emergency 
     response activities.
       ``(b) Definition.--For purposes of this section, an 
     aircraft interferes with the activities specified in 
     subsection (a) when its operation prevents the initiation of, 
     interrupts, or endangers a person or property engaged in 
     those activities.
       ``(c) Civil Penalty.--A person violating subsection (a) 
     shall be liable for a civil penalty of not more than $20,000.
       ``(d) Compromise and Setoff.--The United States Government 
     may deduct the amount of a civil penalty imposed or 
     compromised under this section from the amounts the 
     Government owes the person liable for the penalty.''.
       (b) Table of Contents.--The table of contents for chapter 
     463 is amended by inserting after the item relating to 
     section 46319 the following:

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

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

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

     SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY FUNCTIONS.

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

     ``Sec. 44811. Regulatory and administrative fees

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

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

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

       It is the sense of the Congress that the Administrator of 
     the Federal Aviation Administration and Secretary of 
     Transportation 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

[[Page 4011]]

     priority given to applications for public unmanned aircraft 
     systems engaged in emergency response activities.
       (b) Requirements.--In providing guidance under subsection 
     (a), the Administrator shall--
       (1) make explicit any safety requirements that must be met 
     for the consideration of applications that include requests 
     for beyond visual line of sight, nighttime operations, or the 
     suspension of otherwise applicable operating restrictions, 
     consistent with public interest and safety; and
       (2) explicitly state the procedures for coordinating with 
     an incident commander, if any, to ensure operations granted 
     under procedures developed under subsection (a) do not 
     interfere with manned catastrophe, disaster, or other 
     emergency response operations or otherwise impact response 
     efforts.
       (c) Review.--In processing applications on an emergency 
     basis for exemptions or certificates of authorization or 
     waiver for unmanned aircraft systems operations in response 
     to a catastrophe, disaster, or other emergency, the 
     Administrator of the Federal Aviation Administration shall 
     act on such applications as expeditiously as practicable and 
     without requiring public notice and comment.

     SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.

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

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

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

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

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

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

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

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

     SEC. 2143. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION 
                   OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO 
                   VETERANS EMPLOYMENT PROGRAMS OF THE 
                   ADMINISTRATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration, in consultation with the Secretary of 
     Veterans Affairs, the Secretary of Defense, and the Secretary 
     of Labor, shall determine whether occupations of the 
     Administration relating to unmanned aircraft systems 
     technology and regulations can be incorporated into the 
     Veterans Employment Program of the Administration, 
     particularly in the interaction between such program and the 
     New Sights Work Experience Program and the Vet-Link 
     Cooperative Education Program.

              PART III--TRANSITION AND SAVINGS PROVISIONS

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

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

     SEC. 2152. EFFECT ON OTHER LAWS.

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

[[Page 4012]]

     nothing in this subtitle, nor any amendments made by this 
     subtitle, shall preempt or preclude any cause of action for 
     personal injury, wrongful death, property damage, or other 
     injury based on negligence, strict liability, products 
     liability, failure to warn, or any other legal theory of 
     liability under any State law, maritime law, or Federal 
     common law or statutory theory.

     SEC. 2153. SPECTRUM.

       (a) In General.--Small unmanned aircraft systems may 
     operate wireless control link, tracking, diagnostics, payload 
     communication, and collaborative-collision avoidance, such as 
     vehicle-to-vehicle communication, and other uses, if 
     permitted by and consistent with the Communications Act of 
     1934 (47 U.S.C. 151 et seq.), Federal Communications 
     Commission rules, and the safety-of-life determination made 
     by the Federal Aviation Administration, and with carrier 
     consent, whether they are operating within the UTM system 
     under section 2138 of this Act or outside such a system.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, the National Telecommunications and 
     Information Administration, and the Federal Communications 
     Commission, shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives a report--
       (1) on whether small unmanned aircraft systems operations 
     should be permitted to operate on spectrum designated for 
     aviation use, on an unlicensed, shared, or exclusive basis, 
     for operations within the UTM system or outside of such a 
     system;
       (2) that addresses any technological, statutory, 
     regulatory, and operational barriers to the use of such 
     spectrum; and
       (3) that, if it is determined that spectrum designated for 
     aviation use is not suitable for operations by small unmanned 
     aircraft systems, includes recommendations of other spectrum 
     frequencies that may be appropriate for such operations.

     SEC. 2154. APPLICATIONS FOR DESIGNATION.

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

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

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

     SEC. 2156. TRANSITION LANGUAGE.

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

                        PART IV--OPERATOR SAFETY

     SEC. 2161. SHORT TITLE.

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

     SEC. 2162. FINDINGS; SENSE OF CONGRESS.

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

     SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended--

[[Page 4013]]

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

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

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

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

              Subtitle B--FAA Safety Certification Reform

                       PART I--GENERAL PROVISIONS

     SEC. 2211. DEFINITIONS.

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

     SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY 
                   COMMITTEE.

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

[[Page 4014]]

       (4) Appropriate expertise, including expertise in 
     certification and risk-based safety oversight processes, 
     operations, policy, technology, labor relations, training, 
     and finance.
       (f) Chairperson.--
       (1) In general.--The chairperson of the Advisory Committee 
     shall be appointed by the Secretary from among the voting 
     members under subsection (d)(1)(B).
       (2) Term.--Each member appointed under paragraph (1) shall 
     serve a term of 2 years as chairperson.
       (g) Meetings.--
       (1) Frequency.--The Advisory Committee shall convene at 
     least 2 meetings a year at the call of the chairperson.
       (2) Public attendance.--Each meeting of the Advisory 
     Committee shall be open and accessible to the public.
       (h) Special Committees.--
       (1) Establishment.--The Advisory Committee may establish 1 
     or more special committees composed of private sector 
     representatives, members of the public, labor 
     representatives, and other relevant parties in complying with 
     consultation and participation requirements under subsection 
     (c)(2).
       (2) Rulemaking advice.--A special committee established by 
     the Advisory Committee may--
       (A) provide rulemaking advice and recommendations to the 
     Advisory Committee;
       (B) provide the FAA additional opportunities to obtain 
     firsthand information and insight from those persons that are 
     most affected by existing and proposed regulations; and
       (C) assist in expediting the development, revision, or 
     elimination of rules in accordance with, and without 
     circumventing, established public rulemaking processes and 
     procedures.
       (3) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a special 
     committee under this subsection.
       (i) Sunset.--The Advisory Committee shall cease to exist on 
     September 30, 2017.

                 PART II--AIRCRAFT CERTIFICATION REFORM

     SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND 
                   METRICS.

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

[[Page 4015]]

       ``(C) develop a more consistent approach to audit 
     priorities, procedures, and training under the ODA program;
       ``(D) expeditiously review a random sample of limitations 
     on delegated authorities under the ODA program to determine 
     if the limitations are appropriate;
       ``(E) review and approve new limitations to ODA functions; 
     and
       ``(F) ensure national consistency in the interpretation and 
     application of the requirements of the ODA program, including 
     any limitations, and in the performance of the ODA program.
       ``(c) Definitions.--In this section:
       ``(1) ODA or organization designation authorization.--The 
     term `ODA' or `organization designation authorization' means 
     an authorization under section 44702(d) to perform approved 
     functions on behalf of the Administrator of the Federal 
     Aviation Administration under subpart D of part 183 of title 
     14, Code of Federal Regulations.
       ``(2) ODA holder.--The term `ODA holder' means an entity 
     authorized under section 44702(d)--
       ``(A) to which the Administrator of the Federal Aviation 
     Administration issues an ODA letter of designation under 
     subpart D of part 183 of title 14, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling); and
       ``(B) that is responsible for administering 1 or more ODA 
     units.
       ``(3) ODA program.--The term `ODA program' means the 
     program to standardize Federal Aviation Administration 
     management and oversight of the organizations that are 
     approved to perform certain functions on behalf of the 
     Administration under section 44702(d).
       ``(4) ODA unit.--The term `ODA unit' means a group of 2 or 
     more individuals under the supervision of an ODA holder who 
     perform the specified functions under an ODA.
       ``(5) Organization.--The term `organization' means a firm, 
     a partnership, a corporation, a company, an association, a 
     joint-stock association, or a governmental entity.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents of chapter 447 is amended by adding after the item 
     relating to section 44735 the following:

``44736. Organization designation authorizations.''.

     SEC. 2223. ODA REVIEW.

       (a) Expert Review Panel.--
       (1) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator of the FAA shall 
     convene a multidisciplinary expert review panel (referred to 
     in this section as the ``Panel'').
       (2) Composition.--
       (A) In general.--The Panel shall be composed of not more 
     than 20 members appointed by the Administrator.
       (B) Qualifications.--The members appointed to the Panel 
     shall--
       (i) each have a minimum of 5 years of experience in 
     processes and procedures under the ODA program; and
       (ii) include representatives of ODA holders, aviation 
     manufacturers, safety experts, and FAA labor organizations, 
     including labor representatives of FAA aviation safety 
     inspectors and aviation safety engineers.
       (b) Survey.--The Panel shall survey ODA holders and ODA 
     program applicants to document FAA safety oversight and 
     certification programs and activities, including the FAA's 
     use of the ODA program and the speed and efficiency of the 
     certification process. In carrying out this subsection, the 
     Administrator shall consult with the appropriate survey 
     experts and the Panel to best design and conduct the survey.
       (c) Assessment.--The Panel shall--
       (1) conduct an assessment of--
       (A) the FAA's processes and procedures under the ODA 
     program and whether the processes and procedures function as 
     intended;
       (B) the best practices of and lessons learned by ODA 
     holders and the FAA personnel who provide oversight of ODA 
     holders;
       (C) the performance incentive policies, related to the ODA 
     program for FAA personnel, that do not conflict with the 
     public interest;
       (D) the training activities related to the ODA program for 
     FAA personnel and ODA holders; and
       (E) the impact, if any, that oversight of the ODA program 
     has on FAA resources and the FAA's ability to process 
     applications for certifications outside of the ODA program; 
     and
       (2) make recommendations for improving FAA safety oversight 
     and certification programs and activities based on the 
     results of the survey under subsection (b) and each element 
     of the assessment under paragraph (1) of this subsection.
       (d) Report.--Not later than 180 days after the date the 
     Panel is convened under subsection (a), the Panel shall 
     submit to the Administrator, the Advisory Committee 
     established under section 2212, and the appropriate 
     committees of Congress a report on results of the survey 
     under subsection (b) and the assessment and recommendations 
     under subsection (c).
       (e) Definitions.--The terms used in this section have the 
     meanings given the terms in section 44736 of title 49, United 
     States Code.
       (f) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Panel.
       (g) Sunset.--The Panel shall terminate on the date the 
     report is submitted under subsection (d).

     SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS.

       (a) In General.--Section 44704(a) is amended by adding at 
     the end the following:
       ``(6) Type certification resolution process.--
       ``(A) In general.--Not later than 15 months after the date 
     of enactment of Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall 
     establish an effective, expeditious, and milestone-based 
     issue resolution process for type 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

[[Page 4016]]

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

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

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

     SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the FAA shall 
     establish a centralized safety guidance database for all of 
     the regulatory guidance issued by the FAA Office of Aviation 
     Safety regarding compliance with 1 or more aviation safety-
     related provisions of the Code of Federal Regulations.
       (b) Requirements.--The database under subsection (a) 
     shall--
       (1) for each guidance, include a link to the specific 
     provision of the Code of Federal Regulations;
       (2) subject to paragraph (3), be accessible to the public; 
     and
       (3) be provided in a manner that--
       (A) protects from disclosure identifying information 
     regarding an individual or entity; and
       (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

[[Page 4017]]

     section 2212(c), the Administrator, in collaboration with the 
     Advisory Committee, shall--
       (1) establish performance metrics, timelines, and goals to 
     measure the progress of the Board in resolving regulatory 
     interpretation questions submitted under subsection (d)(1); 
     and
       (2) implement a process for tracking the progress of the 
     Board in meeting the performance metrics, timelines, and 
     goals under paragraph (1).

     SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT FEASIBILITY 
                   REPORT.

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

     SEC. 2236. ADDITIONAL CERTIFICATION RESOURCES.

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

                       PART IV--SAFETY WORKFORCE

     SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY.

       (a) Safety Workforce Training Strategy.--Not later than 60 
     days after the date of enactment of this Act, the 
     Administrator of the FAA shall review and revise its safety 
     workforce training strategy to ensure that it--
       (1) aligns with an effective risk-based approach to safety 
     oversight;
       (2) best utilizes available resources;
       (3) allows FAA employees participating in organization 
     management teams or conducting ODA program audits to 
     complete, expeditiously, appropriate training, including 
     recurrent training, in auditing and a systems safety approach 
     to oversight;
       (4) seeks knowledge-sharing opportunities between the FAA 
     and the aviation industry in new technologies, best 
     practices, and other areas of interest related to safety 
     oversight;
       (5) fosters an inspector and engineer workforce that has 
     the skills and training necessary to improve risk-based 
     approaches that focus on requirements management and auditing 
     skills; and
       (6) includes, as appropriate, milestones and metrics for 
     meeting the requirements of paragraphs (1) through (5).
       (b) Report.--Not later that 270 days after the date the 
     strategy is established under subsection (a), the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the implementation of the strategy and 
     progress in meeting any milestones or metrics included in the 
     strategy.
       (c) Definitions.--In this section:
       (1) ODA holder.--The term ``ODA holder'' has the meaning 
     given the term in section 44736 of title 49, United States 
     Code.
       (2) ODA program.--The term ``ODA program'' has the meaning 
     given the term in section 44736(c)(3) of title 49, United 
     States Code, as added by this Act.
       (3) Organization management team.--The term ``organization 
     management team'' means a group of FAA employees consisting 
     of FAA aviation safety engineers, flight test pilots, and 
     aviation safety inspectors overseeing an ODA holder and its 
     specified function delegated under section 44702 of title 49, 
     United States Code.

     SEC. 2242. WORKFORCE STUDY.

       (a) Workforce Study.--Not later than 90 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study to assess the workforce 
     and training needs of the Office of Aviation Safety of the 
     Federal Aviation Administration and take into consideration 
     how those needs could be met.
       (b) Contents.--The study under subsection (a) shall 
     include--
       (1) a review of the current staffing levels and 
     requirements for hiring and training, including recurrent 
     training, of aviation safety inspectors and aviation safety 
     engineers;
       (2) an analysis of the skills and qualifications required 
     of aviation safety inspectors and aviation safety engineers 
     for successful 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

[[Page 4018]]

     and comment process in the issuance of airworthiness 
     directives.
       ``(B) Alternative approval process.--Notwithstanding 
     subparagraph (A), the Administrator may issue a Federal 
     Aviation Administration airworthiness directive instead of 
     accepting the airworthiness directive issued by the 
     aeronautical safety authority of a foreign country if the 
     Administrator determines that such issuance is necessary for 
     safety or operational reasons due to the complexity or unique 
     features of the Federal Aviation Administration airworthiness 
     directive or the United States aviation system.
       ``(C) Alternative means of compliance.--The Administrator 
     may--
       ``(i) accept an alternative means of compliance, with 
     respect to an airworthiness directive under subparagraph (A), 
     that was approved by the aeronautical safety authority of the 
     foreign country that issued the airworthiness directive; or
       ``(ii) notwithstanding subparagraph (A), and at the request 
     of any person affected by an airworthiness directive under 
     that subparagraph, the Administrator may approve an 
     alternative means of compliance with respect to the 
     airworthiness directive.''.

     SEC. 2253. FAA LEADERSHIP ABROAD.

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

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

       Section 45305 is amended--
       (1) in subsection (a) by striking ``Subject to subsection 
     (b)'' and inserting ``Subject to subsection (c)'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Certification Services.--Subject to subsection (c), 
     and notwithstanding section 45301(a), the Administrator may 
     establish and collect a fee from a foreign government or 
     entity for services related to certification, regardless of 
     where the services are provided, if the fee--
       ``(1) is established and collected in a manner consistent 
     with aviation safety agreements; and
       ``(2) does not exceed the estimated costs of the 
     services.''.

          Subtitle C--Airline Passenger Safety and Protections

     SEC. 2301. PILOT RECORDS DATABASE DEADLINE.

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

     SEC. 2302. ACCESS TO AIR CARRIER FLIGHT DECKS.

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

     SEC. 2303. AIRCRAFT TRACKING AND FLIGHT DATA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall assess current performance 
     standards, and as appropriate, conduct a rulemaking to revise 
     the standards to improve near-term and long-term aircraft 
     tracking and flight data recovery, including retrieval, 
     access, and protection of such data after an incident or 
     accident.
       (b) Considerations.--In revising the performance standards 
     under subsection (a), the Administrator may consider--
       (1) various methods for improving detection and retrieval 
     of flight data, including--
       (A) low frequency underwater locating devices; and
       (B) extended battery life for underwater locating devices;
       (2) automatic deployable flight recorders;
       (3) triggered transmission of flight data, and other 
     satellite-based solutions;
       (4) distress-mode tracking; and
       (5) protections against disabling flight recorder systems.
       (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

[[Page 4019]]

     the Federal Aviation Administration shall consider the 
     recommendations of the Pilot Fitness Aviation Rulemaking 
     Committee in determining whether to implement, as part of a 
     comprehensive medical certification process for pilots with a 
     first- or second-class airman medical certificate, additional 
     screening for mental health conditions, including depression 
     and suicidal thoughts or tendencies, and assess treatments 
     that would address any risk associated with such conditions.

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

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

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

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

     ``Sec. 41725. Training to combat human trafficking

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

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

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

     SEC. 2308. REPORT ON OBSOLETE TEST EQUIPMENT.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to the appropriate 
     committees of Congress a report on the National Test 
     Equipment Program (referred to in this section as the 
     ``Program'').
       (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).

[[Page 4020]]

       (b) Civil Penalties.--The Administrator shall revise the 
     maximum civil penalty that may be imposed on an individual 
     who aims the beam of a laser pointer at an aircraft in the 
     airspace jurisdiction of the United States, or at the flight 
     path of such an aircraft, to be $25,000.

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

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

     SEC. 2312. PART 135 ACCIDENT AND INCIDENT DATA.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall--
       (1) determine, in collaboration with the National 
     Transportation Safety Board and Part 135 industry 
     stakeholders, what, if any, additional data should be 
     reported as part of an accident or incident notice to more 
     accurately measure the safety of on-demand Part 135 aircraft 
     activity, to pinpoint safety problems, and to form the basis 
     for critical research and analysis of general aviation 
     issues; and
       (2) submit to the appropriate committees of Congress a 
     report on the findings under paragraph (1), including a 
     description of the additional data to be collected, a 
     timeframe for implementing the additional data collection, 
     and any potential obstacles to implementation.

     SEC. 2313. DEFINITION OF HUMAN FACTORS.

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

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

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

     SEC. 2315. ENHANCING ASIAS.

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

     SEC. 2316. IMPROVING RUNWAY SAFETY.

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

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

       (a) Restrictions on Transportation of Lithium Batteries on 
     Aircraft.--
       (1) Adoption of icao instructions.--
       (A) In general.--Pursuant to section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), 
     not later than 90 days after the date of enactment of this 
     Act, the Secretary of the Department of Transportation shall 
     conform United States regulations on the air transport of 
     lithium cells and batteries with the lithium cells and 
     battery requirements in the 2015-2016 edition of the 
     International Civil Aviation Organization's (referred to in 
     this subsection as ``ICAO'') Technical Instructions (to 
     include all addenda) including the revised standards adopted 
     by ICAO which became effective on April 1, 2016.
       (B) Further proceedings.--Beginning on the date the revised 
     regulations under subparagraph (A) are published in the 
     Federal Register, any lithium cell and battery rulemaking 
     action or update commenced on or after that date shall 
     continue to comply with the requirements under section 828 of 
     the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
       (2) Review of other regulations.--Pursuant to section 828 
     of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
     44701 note), the Secretary of Transportation may initiate a 
     review of other existing regulations regarding the air 
     transportation, including passenger-carrying and cargo 
     aircraft, of lithium batteries and cells.

[[Page 4021]]

       (3) Medical device batteries.--
       (A) In general.--For United States applicants, the 
     Secretary of Transportation shall consider and either grant 
     or deny, within 45 days, applications submitted in compliance 
     with part 107 of title 49, Code of Federal Regulations for 
     special permits or approvals for air transportation of 
     lithium ion cells or batteries specifically used by medical 
     devices. Not later than 30 days after the date of 
     application, the Pipeline and Hazardous Materials Safety 
     Administration shall provide a draft special permit based on 
     the application to the Federal Aviation Administration. The 
     Federal Aviation Administration shall conduct an on-site 
     inspection for issuance of the special permit not later than 
     10 days after the date of receipt of the draft special permit 
     from the Pipeline and Hazardous Materials Safety 
     Administration.
       (B) Definition of medical device.--In this paragraph, the 
     term ``medical device'' has the meaning given the term 
     ``device'' in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       (4) Savings clause.--Nothing in this section shall be 
     construed as expanding or constricting any other authority 
     the Secretary of Transportation has under section 828 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
       (b) Lithium Battery Safety Working Group.--Not later than 
     90 days after the date of enactment of this Act, the 
     President shall establish a lithium battery safety working 
     group to promote and coordinate efforts related to the 
     promotion of the safe manufacture, use, and transportation of 
     lithium batteries and cells.
       (1) Composition.--
       (A) In general.--The working group shall be composed of at 
     least 1 representative from each of the following:
       (i) Consumer Product Safety Commission.
       (ii) Department of Transportation.
       (iii) National Institute on Standards and Technology.
       (iv) Food and Drug Administration.
       (B) Additional members.--The working group may include not 
     more than 4 additional members with expertise in the safe 
     manufacture, use, or transportation of lithium batteries and 
     cells.
       (C) Subcommittees.--The President, or members of the 
     working group, may--
       (i) establish working group subcommittees to focus on 
     specific issues related to the safe manufacture, use, or 
     transportation of lithium batteries and cells; and
       (ii) include in a subcommittee the participation of 
     nonmember stakeholders with expertise in areas that the 
     President or members consider necessary.
       (2) Report.--Not later than 1 year after the date it is 
     established under subsection (b), the working group shall--
       (A) research--
       (i) additional ways to decrease the risk of fires and 
     explosions from lithium batteries and cells;
       (ii) additional ways to ensure uniform transportation 
     requirements for both bulk and individual batteries; and
       (iii) new or existing technologies that could reduce the 
     fire and explosion risk of lithium batteries and cells; and
       (B) transmit to the appropriate committees of Congress a 
     report on the research under subparagraph (A), including any 
     legislative recommendations to effectuate the safety 
     improvements described in clauses (i) through (iii) of that 
     subparagraph.
       (3) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the working group.
       (4) Termination.--The working group, and any working group 
     subcommittees, shall terminate 90 days after the date the 
     report is transmitted under paragraph (2).

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

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

     SEC. 2319. AIRCRAFT CABIN EVACUATION PROCEDURES.

       (a) Review.--The Administrator of the Federal Aviation 
     Administration shall review--
       (1) evacuation certification of transport-category aircraft 
     used in air transportation, with regard to--
       (A) emergency conditions, including impacts into water;
       (B) crew procedures used for evacuations under actual 
     emergency conditions;
       (C) any relevant changes to passenger demographics and 
     legal requirements, including the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.), that affect emergency 
     evacuations; and
       (D) any relevant changes to passenger seating 
     configurations, including changes to seat width, padding, 
     reclining, size, pitch, leg room, and aisle width; and
       (2) recent accidents and incidents in which passengers 
     evacuated such aircraft.
       (b) Consultation; Review of Data.--In conducting the review 
     under subsection (a), the Administrator shall--
       (1) consult with the National Transportation Safety Board, 
     transport-category aircraft manufacturers, air carriers, and 
     other relevant experts and Federal agencies, including groups 
     representing passengers, airline crew members, maintenance 
     employees, and emergency responders; and
       (2) review relevant data with respect to evacuation 
     certification of transport-category aircraft.
       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report on the 
     results of the review under subsection (a) and related 
     recommendations, if any, including recommendations for 
     revisions to the assumptions and methods used for assessing 
     evacuation certification of transport-category aircraft.

     SEC. 2320. GAO STUDY OF UNIVERSAL DEPLOYMENT OF ADVANCED 
                   IMAGING TECHNOLOGIES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the costs that would be incurred--
       (1) to redesign airport security areas to fully deploy 
     advanced imaging technologies at all commercial airports at 
     which security screening operations are conducted by the 
     Transportation Security Administration or through the 
     Screening Partnership Program; and
       (2) to fully deploy advanced imaging technologies at all 
     airports not described in paragraph (1).
       (b) Cost Analysis.--As a part of the study conducted under 
     subsection (a), the Comptroller General shall identify the 
     costs that would be incurred--
       (1) to purchase the equipment and other assets necessary to 
     deploy advanced imaging technologies at each airport;
       (2) to install such equipment and assets in each airport; 
     and
       (3) to maintain such equipment and assets.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     the results of the study conducted under subsection (a) to 
     the appropriate committees of Congress.

                  Subtitle D--General Aviation Safety

     SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) update automated weather observing systems standards to 
     maximize the use of new technologies that promote the 
     reduction of equipment or maintenance cost for non-Federal 
     automated weather observing systems, including the use of 
     remote monitoring and maintenance, unless demonstrated to be 
     ineffective;
       (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.

[[Page 4022]]

       (c) Application.--The regulations issued under subsection 
     (a) shall ensure that--
       (1) all covered towers constructed on or after the date on 
     which such regulations take effect are marked in accordance 
     with subsection (b); and
       (2) a covered tower constructed before the date on which 
     such regulations take effect is marked in accordance with 
     subsection (b) not later than 1 year after such effective 
     date.
       (d) Definition of Covered Tower.--
       (1) In general.--In this section, the term ``covered 
     tower'' means a structure that--
       (A) is self-standing or supported by guy wires and ground 
     anchors;
       (B) is 10 feet or less in diameter at the above-ground 
     base, excluding concrete footing;
       (C) at the highest point of the structure is at least 50 
     feet above ground level;
       (D) at the highest point of the structure is not more than 
     200 feet above ground level;
       (E) has accessory facilities on which an antenna, sensor, 
     camera, meteorological instrument, or other equipment is 
     mounted; and
       (F) is located--
       (i) outside the boundaries of an incorporated city or town; 
     or
       (ii) on land that is--

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

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

     SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS.

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

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

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

     SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a review of heads-up 
     guidance system displays (in this section referred to as 
     ``HGS'').
       (b) Contents.--The review required by subsection (a) 
     shall--
       (1) evaluate the impacts of single- and dual-installed HGS 
     technology on the safety and efficiency of aircraft 
     operations within the national airspace system;
       (2) review a sufficient quantity of commercial aviation 
     accidents or incidents in order to evaluate if HGS technology 
     would have produced a better outcome in that accident or 
     incident; and
       (3) update previous HGS studies performed by the Flight 
     Safety Foundation in 1991 and 2009.
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report containing the 
     results of the review required by subsection (a).

                     Subtitle E--General Provisions

     SEC. 2501. DESIGNATED AGENCY SAFETY AND HEALTH OFFICER.

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

     SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.

       (a) Risk-based Oversight.--Section 44733 is amended--
       (1) by redesignating subsection (f) as subsection (g);
       (2) by inserting after subsection (e) the following:
       ``(f) Risk-based Oversight.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator shall take 
     measures to ensure that the safety assessment system 
     established under subsection (a)--
       ``(A) places particular consideration on inspections of 
     part 145 repair stations located outside the United States 
     that conduct scheduled heavy maintenance work on part 121 air 
     carrier aircraft; and
       ``(B) accounts for the frequency and seriousness of any 
     corrective actions that part 121 air carriers must implement 
     to aircraft following such work at such repair stations.
       ``(2) International agreements.--The Administrator shall 
     take the measures required under paragraph (1)--
       ``(A) in accordance with the United States obligations 
     under applicable international agreements; and
       ``(B) in a manner consistent with the applicable laws of 
     the country in which a repair station is located.
       ``(3) Access to data.--The Administrator may access and 
     review such information or data in the possession of a part 
     121 air carrier as the Administrator may require in carrying 
     out paragraph (1)(B).''; and
       (3) in subsection (g), as redesignated--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Heavy maintenance work.--The term `heavy maintenance 
     work' means a C-check, a D-check, or equivalent maintenance 
     operation with respect to the airframe of a transport-
     category aircraft.''.
       (b) Alcohol and Controlled Substances Testing.--The 
     Administrator of the Federal Aviation Administration shall 
     ensure that--
       (1) not later than 90 days after the date of enactment of 
     this Act, a notice of proposed rulemaking required pursuant 
     to section 44733(d)(2) of title 49, United States Code, is 
     published in the Federal Register; and
       (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;

[[Page 4023]]

       (2) focus on providing specialized technical training for 
     covered FAA personnel, as determined necessary by the 
     Administrator;
       (3) include training courses on applicable regulations of 
     the Federal Aviation Administration; and
       (4) consider the efficacy of instructor-led online 
     training.
       (c) Pilot Program Termination.--The pilot program shall 
     terminate 1 year after the date of establishment of the pilot 
     program.
       (d) E-learning Training Program.--Upon termination of the 
     pilot program, the Administrator shall assess and establish 
     or update an e-learning training program that incorporates 
     lessons learned for covered FAA personnel as a result of the 
     pilot program.
       (e) Definitions.--In this section:
       (1) Covered faa personnel.--The term ``covered FAA 
     personnel'' means airway transportation systems specialists 
     and aviation safety inspectors of the Federal Aviation 
     Administration.
       (2) E-learning training.--The term ``e-learning training'' 
     means learning utilizing electronic technologies to access 
     educational curriculum outside of a traditional classroom.

     SEC. 2504. SAFETY CRITICAL STAFFING.

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

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

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

     SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall establish 
     an advisory committee to carry out the duties described in 
     subsection (b).
       (b) Duties.--The advisory committee shall--
       (1) conduct a review of the practices and procedures of the 
     Federal Aviation Administration for developing proposals with 
     respect to changes in regulations, policies, or guidance of 
     the Federal Aviation Administration relating to airspace that 
     affect airport operations, airport capacity, the environment, 
     or communities in the vicinity of airports, including--
       (A) an assessment of the extent to which there is 
     consultation, or a lack of consultation, with respect to such 
     proposals--
       (i) between and among the affected elements of the Federal 
     Aviation Administration, including the Air Traffic 
     Organization, the Office of Airports, the Flight Standards 
     Service, the Office of NextGen, and the Office of Energy and 
     Environment; and
       (ii) between the Federal Aviation Administration and 
     affected entities, including airports, aircraft operators, 
     communities, and State and local governments;
       (2) recommend revisions to such practices and procedures to 
     improve communications and coordination between and among 
     affected elements of the Federal Aviation Administration and 
     with other affected entities with respect to proposals 
     described in paragraph (1) and the potential effects of such 
     proposals;
       (3) conduct a review of the management by the Federal 
     Aviation Administration of systems and information used to 
     evaluate data relating to obstructions to air navigation or 
     navigational facilities under part 77 of title 14, Code of 
     Federal Regulations; and
       (4) make recommendations to ensure that the data described 
     in paragraph (3) is publicly accessible and streamlined to 
     ensure developers, airport operators, and other interested 
     parties may obtain relevant information concerning potential 
     obstructions when working to preserve and create a safe and 
     efficient navigable airspace.
       (c) Membership.--The membership of the advisory committee 
     established under subsection (a) shall include 
     representatives of--
       (1) air carriers, including passenger and cargo air 
     carriers;
       (2) general aviation, including business aviation and fixed 
     wing aircraft and rotocraft;
       (3) airports of various sizes and types;
       (4) air traffic controllers; and
       (5) State aviation officials.
       (d) Report Required.--Not later than one year after the 
     establishment of the advisory committee under subsection (a), 
     the advisory committee shall submit to Congress a report on 
     the actions taken by the advisory committee to carry out the 
     duties described in subsection (b).

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

     SEC. 2601. SHORT TITLE.

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

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

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue or revise regulations to 
     ensure that an individual may operate as pilot in command of 
     a covered aircraft if--
       (1) the individual possesses a valid driver's license 
     issued by a State, territory, or possession of the United 
     States and complies with all medical requirements or 
     restrictions associated with that license;
       (2) the individual holds a medical certificate issued by 
     the Federal Aviation Administration on the date of enactment 
     of this Act, held such a certificate at any point during the 
     10-year period preceding such date of enactment, or obtains 
     such a certificate after such date of enactment;
       (3) the most recent medical certificate issued by the 
     Federal Aviation Administration to the individual--
       (A) indicates whether the certificate is first, second, or 
     third class;
       (B) may include authorization for special issuance;
       (C) may be expired;
       (D) cannot have been revoked or suspended; and
       (E) cannot have been withdrawn;
       (4) the most recent application for airman medical 
     certification submitted to the Federal Aviation 
     Administration by the individual cannot have been completed 
     and denied;
       (5) the individual has completed a medical education course 
     described in subsection (c) during the 24 calendar months 
     before acting as pilot in command of a covered aircraft and 
     demonstrates proof of completion of the course;
       (6) the individual, when serving as a pilot in command, is 
     under the care and treatment of a physician if the individual 
     has been diagnosed with any medical condition that may impact 
     the ability of the individual to fly;
       (7) the individual has received a comprehensive medical 
     examination from a State-licensed physician during the 
     previous 48 months and--
       (A) prior to the examination, the individual--
       (i) completed the individual's section of the checklist 
     described in subsection (b); and
       (ii) provided the completed checklist to the physician 
     performing the examination; and
       (B) the physician conducted the comprehensive medical 
     examination in accordance with the checklist described in 
     subsection (b), checking each item specified during the 
     examination and addressing, as medically appropriate, every 
     medical condition listed, and any medications the individual 
     is taking; and
       (8) the individual is operating in accordance with the 
     following conditions:
       (A) The covered aircraft is carrying not more than 5 
     passengers.
       (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--

[[Page 4024]]

       (i) boxes 3 through 13 and boxes 16 through 19 of the 
     Federal Aviation Administration Form 8500-8 (3-99);
       (ii) a signature line for the individual to affirm that--

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

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

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

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

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

       (iii) bipolar disorder; or
       (iv) substance dependence within the previous 2 years, as 
     defined in section 67.307(a)(4) of title 14, Code of Federal 
     Regulations.
       (B) A neurological disorder, limited to an established 
     medical history or clinical diagnosis of any of the 
     following:
       (i) Epilepsy.
       (ii) Disturbance of consciousness without satisfactory 
     medical explanation of the cause.
       (iii) A transient loss of control of nervous system 
     functions without satisfactory medical explanation of the 
     cause.
       (C) A cardiovascular condition, limited to a one-time 
     special issuance for each diagnosis of the following:
       (i) Myocardial infraction.
       (ii) Coronary heart disease that has required treatment.
       (iii) Cardiac valve replacement.
       (iv) Heart replacement.
       (2) Special rule for cardiovascular conditions.--In the 
     case of an individual with a 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

[[Page 4025]]

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

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

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

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

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

       (a) Appeals of Suspended and Revoked Airman Certificates.--
     Section 2(d)(1) of the Pilot's Bill of Rights (Public Law 
     112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by 
     striking ``or imposing a punitive civil action or an 
     emergency order of revocation under subsections (d) and (e) 
     of section 44709 of such title'' and inserting ``suspending 
     or revoking an airman certificate under section 44709(d) of 
     such title, or imposing an emergency order of revocation 
     under subsections (d) and (e) of section 44709 of such 
     title''.
       (b) De Novo Review by District Court; Burden of Proof.--
     Section 2(e) of the Pilot's Bill of Rights (Public Law 112-
     153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--In an appeal filed under subsection (d) 
     in a United States district court with respect to a denial, 
     suspension, or revocation of an airman certificate by the 
     Administrator--
       ``(A) the district court shall review the denial, 
     suspension, or revocation de novo, including by--
       ``(i) conducting a full independent review of the complete 
     administrative record of the denial, suspension, or 
     revocation;
       ``(ii) permitting additional discovery and the taking of 
     additional evidence; and
       ``(iii) making the findings of fact and conclusions of law 
     required by Rule 52 of the Federal Rules of Civil Procedure 
     without being bound to any findings of fact of the 
     Administrator or the National Transportation Safety Board.'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Burden of proof.--In an appeal filed under subsection 
     (d) in a United States district court after an exhaustion of 
     administrative remedies, the burden of proof shall be as 
     follows:
       ``(A) In an appeal of the denial of an application for the 
     issuance or renewal of an airman certificate under section 
     44703 of title 49, United States Code, the burden of proof 
     shall be upon the applicant denied an airman certificate by 
     the Administrator.
       ``(B) In an appeal of an order issued by the Administrator 
     under section 44709 of title 49, United States Code, the 
     burden of proof shall be upon the Administrator.''; and
       (4) by adding at the end the following:
       ``(4) Applicability of administrative procedure act.--
     Notwithstanding paragraph (1)(A) of this subsection or 
     subsection (a)(1) of section 554 of title 5, United States 
     Code, section 554 of such title shall apply to adjudications 
     of the Administrator and the National Transportation Safety 
     Board to the same extent as that section applied to such 
     adjudications before the date of enactment of the Pilot's 
     Bill of Rights 2.''.
       (c) Notification of Investigation.--Subsection (b) of 
     section 2 of the Pilot's Bill of Rights (Public Law 112-153; 
     126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) in paragraph (2)(A), by inserting ``and the specific 
     activity on which the investigation is based'' after ``nature 
     of the investigation'';
       (2) in paragraph (3), by striking ``timely''; and
       (3) in paragraph (5), by striking ``section 44709(c)(2)'' 
     and inserting ``section 44709(e)(2)''.
       (d) Release of Investigative Reports.--Section 2 of the 
     Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 
     49 U.S.C. 44703 note) is further amended by inserting after 
     subsection (e) the following:
       ``(f) Release of Investigative Reports.--
       ``(1) In general.--
       ``(A) Emergency orders.--In any proceeding conducted under 
     part 821 of title 49, Code of Federal Regulations, relating 
     to the amendment, modification, suspension, or revocation of 
     an airman certificate, in which the Administrator issues an 
     emergency order under subsections (d) and (e) of section 
     44709, section 44710, or section 46105(c) of title 49, United 
     States Code, or another order that 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

[[Page 4026]]

     report that are available at the time and shall provide the 
     full report within 5 days of its completion.
       ``(B) Other orders.--In any non-emergency proceeding 
     conducted under part 821 of title 49, Code of Federal 
     Regulations, relating to the amendment, modification, 
     suspension, or revocation of an airman certificate, in which 
     the Administrator notifies the certificate holder of a 
     proposed certificate action under subsections (b) and (c) of 
     section 44709 or section 44710 of title 49, United States 
     Code, the Administrator shall, upon the written request of 
     the covered certificate holder and at any time after that 
     notification, provide to the covered certificate holder the 
     releasable portion of the investigative report.
       ``(2) Motion for dismissal.--If the Administrator does not 
     provide the releasable portions of the investigative report 
     to the individual holding the airman certificate subject to 
     the proceeding referred to in paragraph (1) by the time 
     required by that paragraph, the individual may move to 
     dismiss the complaint of the Administrator or for other 
     relief and, unless the Administrator establishes good cause 
     for the failure to provide the investigative report or for a 
     lack of timeliness, the administrative law judge shall order 
     such relief as the judge considers appropriate.
       ``(3) Releasable portion of investigative report.--For 
     purposes of paragraph (1), the releasable portion of an 
     investigative report is all information in the report, except 
     for the following:
       ``(A) Information that is privileged.
       ``(B) Information that constitutes work product or reflects 
     internal deliberative process.
       ``(C) Information that would disclose the identity of a 
     confidential source.
       ``(D) Information the disclosure of which is prohibited by 
     any other provision of law.
       ``(E) Information that is not relevant to the subject 
     matter of the proceeding.
       ``(F) Information the Administrator can demonstrate is 
     withheld for good cause.
       ``(G) Sensitive security information, as defined in section 
     15.5 of title 49, Code of Federal Regulations (or any 
     corresponding similar ruling or regulation).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to prevent the Administrator from 
     releasing to an individual subject to an investigation 
     described in subsection (b)(1)--
       ``(A) information in addition to the information included 
     in the releasable portion of the investigative report; or
       ``(B) a copy of the investigative report before the 
     Administrator issues a complaint.''.

     SEC. 2604. LIMITATIONS ON REEXAMINATION OF CERTIFICATE 
                   HOLDERS.

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

     SEC. 2605. EXPEDITING UPDATES TO NOTAM PROGRAM.

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

     SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT DATA.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Administration.--The term `Administration' means the 
     Federal Aviation Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.

[[Page 4027]]

       ``(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.--
       ``(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''.

[[Page 4028]]

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

     SEC. 3106. TRAVELERS WITH DISABILITIES.

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

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

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

     SEC. 3108. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

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

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

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

     SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS.

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

     SEC. 3112. SEAT ASSIGNMENTS.

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

     SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL.

       (a) Short Title.--This section may be cited as the 
     ``Lasting Improvements to Family Travel Act'' or the ``LIFT 
     Act''.
       (b) Accompanying Minors for Security Screening.--The 
     Administrator of the Transportation Security Administration 
     shall formalize security screening procedures that allow for 
     one adult family caregiver to accompany a minor child 
     throughout the entirety of the security screening process.
       (c) Special Accommodations for Pregnant Women.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of Transportation shall review and, if 
     appropriate, prescribe regulations that direct all air 
     carriers to include pregnant women in their policies with 
     respect to preboarding or advance boarding of aircraft.
       (d) Family Seating.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall review and, 
     if appropriate, establish a policy directing all air carriers 
     to ensure that, if a family is traveling on a reservation 
     with a child under the age of 13, that child is able to sit 
     in a seat adjacent to the seat of an accompanying family 
     member over the age of 13, to the maximum extent practicable, 
     at no additional cost.

     SEC. 3114. CONSUMER COMPLAINT PROCESS IMPROVEMENT.

       (a) In General.--Section 42302 is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (2) by inserting after subsection (a), the following:
       ``(b) Point of Sale.--Each air carrier, foreign air 
     carrier, and ticket agent shall inform each consumer of a 
     carrier service, at the point of sale, that the consumer can 
     file a complaint about that service with the carrier and with 
     the Aviation Consumer Protection Division of the Department 
     of Transportation.'';
       (3) by amending subsection (c), as redesignated, to read as 
     follows:
       ``(c) Internet Web Site or Other Online Service Notice.--
     Each air carrier and foreign air carrier shall include on its 
     Internet Web site, any related mobile device application, and 
     online service--
       ``(1) the hotline telephone number established under 
     subsection (a) or for the Aviation Consumer Protection 
     Division of the Department of Transportation;
       ``(2) an active link and the email address, telephone 
     number, and mailing address of

[[Page 4029]]

     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
       (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.

[[Page 4030]]



     SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.

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

     SEC. 3121. DIMENSIONS FOR PASSENGER SEATS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a proceeding to study the minimum seat pitch for 
     passenger seats on aircraft operated by air carriers (as 
     defined in section 40102 of title 49, United States Code).
       (b) Considerations.--In reviewing any minimum seat pitch 
     under subsection (a), 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

[[Page 4031]]

     small communities have access to quality, affordable air 
     transportation service;
       (4) consider potential improvements in pilot training and 
     any constraints affecting pilot career pathways that, if 
     addressed, would increase both aviation safety and pilot 
     supply;
       (5) identify innovative State or local efforts that have 
     established public-private partnerships that are successful 
     in attracting and retaining air transportation service in 
     small communities; and
       (6) consider such other issues as the Secretary and 
     Administrator consider appropriate.
       (d) Composition.--
       (1) In general.--The working group shall be facilitated 
     through the Administrator or the Administrator's designee.
       (2) Membership.--Members of the working group shall be 
     appointed by the Administrator and shall include 
     representatives of--
       (A) State and local government, including State and local 
     aviation officials;
       (B) State Governors;
       (C) aviation safety experts;
       (D) economic development officials; and
       (E) the traveling public from small communities.
       (e) Report and Recommendations.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary and 
     the Administrator shall submit to the appropriate committees 
     of Congress a report, including--
       (1) a summary of the views expressed by the participants in 
     the outreach under subsection (b);
       (2) a description of the working group's findings, 
     including the identification of any areas of general 
     consensus among the non-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.

[[Page 4032]]

       (b) Comprehensive Contingency Plan.--Not later than 180 
     days after the date of enactment of this Act, the 
     Administrator shall update the Administration's comprehensive 
     contingency plan to address potential air traffic facility 
     outages that could have a major impact on operation of the 
     national airspace system.
       (c) Report.--Not later than 60 days after the date the plan 
     is updated under subsection (b), the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the update, including any recommendations for ensuring air 
     traffic facility outages do not have a major impact on 
     operation of the national airspace system.

     SEC. 4105. ADS-B MANDATE ASSESSMENT.

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

     SEC. 4106. NEXTGEN INTEROPERABILITY.

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

     SEC. 4107. NEXTGEN TRANSITION MANAGEMENT.

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

     SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL 
                   IMPROVEMENTS.

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

     SEC. 4109. CYBERSECURITY.

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

     SEC. 4110. SECURING AIRCRAFT AVIONICS SYSTEMS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall consider revising Federal Aviation 
     Administration regulations regarding airworthiness 
     certification--
       (1) to address cybersecurity for avionics systems, 
     including software components; and
       (2) to require that aircraft avionics systems used for 
     flight guidance or aircraft control be secured against 
     unauthorized access via passenger in-flight entertainment 
     systems through such means as the Administrator determines 
     appropriate to protect the avionics systems from unauthorized 
     external and internal access.
       (b) Consideration.--The Administrator's consideration and 
     any action taken under subsection (a) shall be in accordance 
     with the recommendations of the Aircraft Systems Information 
     Security Protection Working Group under section 5029(d) of 
     this Act.

     SEC. 4111. DEFINING NEXTGEN.

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

     SEC. 4112. HUMAN FACTORS.

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

     SEC. 4113. MAJOR ACQUISITION REPORTS.

       (a) In General.--The Administrator shall evaluate the 
     current acquisition practices of the Administration to ensure 
     that such practices--

[[Page 4033]]

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

     SEC. 4114. EQUIPAGE MANDATES.

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

     SEC. 4115. WORKFORCE.

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

     SEC. 4116. ARCHITECTURAL LEADERSHIP.

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

     SEC. 4117. PROGRAMMATIC RISK MANAGEMENT.

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

     SEC. 4118. NEXTGEN PRIORITIZATION.

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

         Subtitle B--Administration Organization and Employees

     SEC. 4201. COST-SAVING INITIATIVES.

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

     SEC. 4202. TREATMENT OF ESSENTIAL EMPLOYEES DURING FURLOUGHS.

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

     SEC. 4203. CONTROLLER CANDIDATE INTERVIEWS.

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

     SEC. 4204. HIRING OF AIR TRAFFIC CONTROLLERS.

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

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

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

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

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

[[Page 4034]]

     restriction for the position of air traffic controller with 
     the Administration that would otherwise disqualify an 
     individual from the position if the individual--

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

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

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

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

     so much of the annuity as is computed with respect to such 
     type of service shall be computed by multiplying 1 7/10 
     percent of the individual's average pay by the years of such 
     service.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be deemed to be effective on December 12, 2003.
       (c) Procedures Required.--The Director of the Office of 
     Personnel Management shall establish such procedures as are 
     necessary to provide for--
       (1) notification to each annuitant affected by the 
     amendments made by this section;
       (2) recalculation of the benefits of affected annuitants;
       (3) an adjustment to applicable monthly benefit amounts 
     pursuant to such recalculation, to begin as soon as is 
     practicable; and
       (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--

[[Page 4035]]

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

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

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

     SEC. 5005. SURVEY AND REPORT ON SPACEPORT DEVELOPMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report on 
     the existing system of spaceports licensed by the Federal 
     Aviation Administration that includes recommendations 
     regarding--
       (1) the extent to which, and the manner in which, the 
     Federal Government could participate in the construction, 
     improvement, development, or maintenance of such spaceports; 
     and
       (2) potential funding sources.

     SEC. 5006. AVIATION FUEL.

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

     SEC. 5007. COMPREHENSIVE AVIATION PREPAREDNESS PLAN.

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

     SEC. 5008. ADVANCED MATERIALS CENTER OF EXCELLENCE.

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

     ``Sec. 44518. Advanced Materials Center of Excellence

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

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

     SEC. 5009. INTERFERENCE WITH AIRLINE EMPLOYEES.

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

     SEC. 5010. SECONDARY COCKPIT BARRIERS.

       (a) Short Title.--This section may be cited as the 
     ``Saracini Aviation Safety Act of 2016''.
       (b) Requirement.--Not later than one year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue an order requiring 
     installation of a secondary cockpit barrier on each new 
     aircraft that is manufactured for delivery to a passenger air 
     carrier in the United States operating under the provisions 
     of part 121 of title 14, Code of Federal Regulations.

     SEC. 5011. GAO EVALUATION AND AUDIT.

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

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

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

[[Page 4036]]



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

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

     SEC. 5014. CRITICAL AIRFIELD MARKINGS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall issue a request for proposal for a study that 
     includes--
       (1) an independent, third-party study to assess the 
     durability of Type III and Type I glass beads applied to 
     critical markings over a 12-month period at no fewer than 2 
     primary airports in varying weather conditions to measure the 
     retroflectivity levels of such markings on a quarterly basis; 
     and
       (2) a study at 2 other airports carried out by applying 
     Type III beads on one half of the centerline and Type I beads 
     to the other half and providing for assessments from pilots 
     through surveys administered by a third party as to the 
     visibility and performance of the Type III glass beads as 
     compared to the Type I glass beads over a 6-month period.

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

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

     SEC. 5016. REPORT ON GENERAL AVIATION FLIGHT SHARING.

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

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

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

     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.

[[Page 4037]]



     SEC. 5025. EVALUATION OF EMERGING TECHNOLOGIES.

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

     SEC. 5026. STUDENT OUTREACH REPORT.

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

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

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

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

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

     SEC. 5029. AVIATION CYBERSECURITY.

       (a) Comprehensive Aviation Framework.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall facilitate and support the 
     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

[[Page 4038]]

     address aircraft systems information security protection.
       (3) In-flight entertainment systems review.--As part of its 
     review under subparagraphs (A) and (B) of paragraph (2), the 
     working group shall review the cybersecurity risks of in-
     flight entertainment systems to consider whether such systems 
     can and should be isolated and separate from systems required 
     for safe flight and operations, including reviewing standards 
     for air gaps or other means determined appropriate.
       (4) Recommendations.--In any recommendation under paragraph 
     (2)(C), the working group shall identify a cost-effective and 
     technology-neutral approach and incorporate voluntary 
     consensus standards and best practices and international 
     practices to the fullest extent possible.
       (5) Report.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, and periodically thereafter, the 
     working group shall provide a report to the Administrator of 
     the Federal Aviation Administration on the findings of the 
     review and any recommendations.
       (B) Congress.--The Administrator shall submit to the 
     appropriate committees of Congress a copy of each report 
     provided by the working group.
       (6) Classified information.--Each report submitted under 
     this subsection shall be in unclassified form, but may 
     include a classified annex.
       (e) Cybersecurity Implementation Progress.--The 
     Administrator of the Federal Aviation Administration shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, and periodically thereafter until the completion 
     date, provide to the appropriate committees of Congress a 
     briefing on the actions the Administrator has taken to 
     improve information security management, including the steps 
     taken to implement subsections (a), (b) and (c) and all of 
     the issues and open recommendations identified in 
     cybersecurity audit reports issued in 2014 and 2015 by the 
     Inspector General of the Department of Transportation and the 
     Government Accountability Office; and
       (2) not later than 1 year after the date of enactment of 
     this Act, issue a final report to the appropriate committees 
     of Congress on the steps taken to improve information 
     security management, including implementation of subsections 
     (a), (b) and (c) and all of the issues and open 
     recommendations identified in the cybersecurity audit reports 
     issued in 2014 and 2015 by the Inspector General of the 
     Department of Transportation and the Government 
     Accountability Office.

     SEC. 5030. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.

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

     SEC. 5031. NATIONAL MULTIMODAL FREIGHT ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation shall 
     establish a national multimodal freight advisory committee 
     (referred to in this section as the ``Committee'') in the 
     Department of Transportation, which shall consist of a 
     balanced cross-section of public and private freight 
     stakeholders representative of all freight transportation 
     modes, including--
       (1) airports, highways, ports and waterways, rail, and 
     pipelines;
       (2) shippers;
       (3) carriers;
       (4) freight-related associations;
       (5) the freight industry workforce;
       (6) State departments of transportation;
       (7) local governments;
       (8) metropolitan planning organizations;
       (9) regional or local transportation authorities, such as 
     port authorities;
       (10) freight safety organizations; and
       (11) university research centers.
       (b) Purpose.--The purpose of the Committee shall be to 
     promote a safe, economically efficient, and environmentally 
     sustainable national freight system.
       (c) Duties.--The Committee, in consultation with State 
     departments of transportation and metropolitan planning 
     organizations, shall provide advice and recommendations to 
     the Secretary of Transportation on matters related to freight 
     transportation in the United States, including--
       (1) the implementation of freight transportation 
     requirements;
       (2) the establishment of a National Multimodal Freight 
     Network under section 70103 of title 49, United States Code;
       (3) the development of the national freight strategic plan 
     under section 70102 of such title;
       (4) the development of measures of conditions and 
     performance in freight transportation;
       (5) the development of freight transportation investment, 
     data, and planning tools; and
       (6) recommendations for Federal legislation.
       (d) Qualifications.--Each member of the Committee shall be 
     sufficiently qualified to represent the interests of the 
     member's specific stakeholder group, such as--
       (1) general business and financial experience;
       (2) experience or qualifications in the areas of freight 
     transportation and logistics;
       (3) experience in transportation planning, safety, 
     technology, or workforce issues;
       (4) experience representing employees of the freight 
     industry;
       (5) experience representing State or local governments or 
     metropolitan planning organizations in transportation-related 
     issues; or
       (6) experience in trade economics relating to freight 
     flows.
       (e) Support Staff, Information, and Services.--The 
     Secretary of Transportation shall provide support staff for 
     the Committee. Upon the request of the Committee, the 
     Secretary shall provide such information, administrative 
     services, and supplies as the Secretary considers necessary 
     for the Committee to carry out its duties under this section.

     SEC. 5032. TECHNICAL AND CONFORMING AMENDMENTS.

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

     SEC. 5033. VISIBLE DETERRENT.

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

     SEC. 5034. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND 
                   ACTIVE SHOOTER INCIDENTS.

       Section 2006(a)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 607(a)(2)) is amended--
       (1) by redesignating subparagraphs (E) through (I) as 
     subparagraphs (F) through (J), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) training exercises to enhance preparedness for and 
     response to mass casualty

[[Page 4039]]

     and active shooter incidents and security events at public 
     locations, including airports and mass transit systems;''.

     SEC. 5035. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 
                   SYSTEMS.

       Section 2008(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 609(a)) is amended--
       (1) by redesigning paragraphs (9) through (13) as 
     paragraphs (10) through (14), respectively; and
       (2) by inserting after paragraph (8) the following:
       ``(9) enhancing the security and preparedness of secure and 
     non-secure areas of eligible airports and surface 
     transportation systems.''.

     SEC. 5036. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRPLANES.

       (a) In General.--Notwithstanding section 47534 of title 49, 
     United States Code, not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a pilot program to 
     permit the operator of a Stage 2 airplane to operate that 
     airplane in nonrevenue service into not more than four medium 
     hub airports or nonhub airports if--
       (1) the airport--
       (A) is certified under part 139 of title 14, Code of 
     Federal Regulations;
       (B) has a runway that--
       (i) is longer than 8,000 feet and not less than 200 feet 
     wide; and
       (ii) is load bearing with a pavement classification number 
     of not less than 38; and
       (C) has a maintenance facility with a maintenance 
     certificate issued under part 145 of such title; and
       (2) the operator of the Stage 2 airplane operates not more 
     than 10 flights per month using that airplane.
       (b) Termination.--The regulations required by subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 10 years after the date of the 
     enactment of this Act; or
       (2) the date on which the Administrator determines that no 
     Stage 2 airplanes remain in service.
       (c) Definitions.--In this section:
       (1) Medium hub airport; nonhub airport.--The terms ``medium 
     hub airport'' and ``nonhub airport'' have the meanings given 
     those terms in section 40102 of title 49, United States Code.
       (2) Stage 2 airplane.--The term ``Stage 2 airplane'' has 
     the meaning given that term in section 91.851 of title 14, 
     Code of Federal Regulations (as in effect on the day before 
     the date of the enactment of this Act).

       TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION

       Subtitle A--Airport Security Enhancement and Oversight Act

     SEC. 6101. SHORT TITLE.

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

     SEC. 6102. FINDINGS.

       Congress makes the following findings:
       (1) A number of recent airport security breaches in the 
     United States have involved the use of Secure Identification 
     Display Area (referred to in this section as ``SIDA'') 
     badges, the credentials used by airport and airline workers 
     to access the secure areas of an airport.
       (2) In December 2014, a Delta ramp agent at Hartsfield-
     Jackson Atlanta International Airport was charged with using 
     his SIDA badge to bypass airport security checkpoints and 
     facilitate an interstate gun smuggling operation over a 
     number of months via commercial aircraft.
       (3) In January 2015, an Atlanta-based Aviation Safety 
     Inspector of the Federal Aviation Administration used his 
     SIDA badge to bypass airport security checkpoints and 
     transport a firearm in his carry-on luggage.
       (4) In February 2015, a local news investigation found that 
     over 1,000 SIDA badges at Hartsfield-Jackson Atlanta 
     International Airport were lost or missing.
       (5) In March 2015, and again in May 2015, Transportation 
     Security Administration contractors were indicted for 
     participating in a drug smuggling ring using luggage passed 
     through the secure area of the San Francisco International 
     Airport.
       (6) The Administration has indicated that it does not 
     maintain a list of lost or missing SIDA badges, and instead 
     relies on airport operators to track airport worker 
     credentials.
       (7) The Administration rarely uses its enforcement 
     authority to fine airport operators that reach a certain 
     threshold of missing SIDA badges.
       (8) In April 2015, the Aviation Security Advisory Committee 
     issued 28 recommendations for improvements to airport access 
     control.
       (9) In June 2015, the Inspector General of the Department 
     of Homeland Security reported that the Administration did not 
     have all relevant information regarding 73 airport workers 
     who had records in United States intelligence-related 
     databases because the Administration was not authorized to 
     receive all terrorism-related information under current 
     interagency watchlisting policy.
       (10) The Inspector General also found that the 
     Administration did not have appropriate checks in place to 
     reject incomplete or inaccurate airport worker employment 
     investigations, including criminal history record checks and 
     work authorization verifications, and had limited oversight 
     over the airport operators that the Administration relies on 
     to perform criminal history and work authorization checks for 
     airport workers.
       (11) There is growing concern about the potential insider 
     threat at airports in light of recent terrorist activities.

     SEC. 6103. DEFINITIONS.

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

     SEC. 6104. THREAT ASSESSMENT.

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

     SEC. 6105. OVERSIGHT.

       (a) Enhanced Requirements.--
       (1) In general.--Subject to public notice and comment, and 
     in consultation with airport operators, the Administrator 
     shall update the rules on access controls issued by the 
     Secretary under chapter 449 of title 49, United States Code.
       (2) Considerations.--As part of the update under paragraph 
     (1), the Administrator shall consider--
       (A) increased fines and advanced oversight for airport 
     operators that report missing more than 5 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (B) best practices for Category X airport operators that 
     report missing more than 3 percent of credentials for 
     unescorted access to any SIDA of an airport;
       (C) additional audits and status checks for airport 
     operators that report missing more than 3 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (D) review and analysis of the prior 5 years of audits for 
     airport operators that report missing more than 3 percent of 
     credentials for unescorted access to any SIDA of an airport;
       (E) increased fines and direct enforcement requirements for 
     both airport workers and their employers that fail to report 
     within 24 hours an employment termination or a missing 
     credential for unescorted access to any SIDA of an airport; 
     and
       (F) a method for termination by the employer of any airport 
     worker that fails to report in a timely manner missing 
     credentials for unescorted access to any SIDA of an airport.
       (b) Temporary Credentials.--The Administrator may encourage 
     the issuance by airport and aircraft operators of free one-
     time,

[[Page 4040]]

     24-hour temporary credentials for workers who have reported 
     their credentials missing, but not permanently lost, stolen, 
     or destroyed, in a timely manner, until replacement of 
     credentials under section 1542.211 of title 49 Code of 
     Federal Regulations is necessary.
       (c) Notification and Report to Congress.--The Administrator 
     shall--
       (1) notify the appropriate committees of Congress each time 
     an airport operator reports that more than 3 percent of 
     credentials for unescorted access to any SIDA at a Category X 
     airport are missing or more than 5 percent of credentials to 
     access any SIDA at any other airport are missing; and
       (2) submit to the appropriate committees of Congress an 
     annual report on the number of violations and fines related 
     to unescorted access to the SIDA of an airport collected in 
     the preceding fiscal year.

     SEC. 6106. CREDENTIALS.

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

     SEC. 6107. VETTING.

       (a) Eligibility Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and subject to public notice and 
     comment, the Administrator shall revise the regulations 
     issued under section 44936 of title 49, United States Code, 
     in accordance with this section and current knowledge of 
     insider threats and intelligence, to enhance the eligibility 
     requirements and disqualifying criminal offenses for 
     individuals seeking or having unescorted access to a SIDA of 
     an airport.
       (2) Disqualifying criminal offenses.--In revising the 
     regulations under paragraph (1), the Administrator shall 
     consider adding to the list of disqualifying criminal 
     offenses and criteria the offenses and criteria listed in 
     section 122.183(a)(4) of title 19, Code of Federal 
     Regulations and section 1572.103 of title 49, Code of Federal 
     Regulations.
       (3) Waiver process for denied credentials.--Notwithstanding 
     section 44936(b) of title 49, United States Code, in revising 
     the regulations under paragraph (1) of this subsection, the 
     Administrator shall--
       (A) ensure there exists or is developed a waiver process 
     for approving the issuance of credentials for unescorted 
     access to the SIDA, for an individual found to be otherwise 
     ineligible for such credentials; and
       (B) consider, as appropriate and practicable--
       (i) the circumstances of any disqualifying act or offense, 
     restitution made by the individual, Federal and State 
     mitigation remedies, and other factors from which it may be 
     concluded that the individual does not pose a terrorism risk 
     or a risk to aviation security warranting denial of the 
     credential; and
       (ii) the elements of the appeals and waiver process 
     established under section 70105(c) of title 46, United States 
     Code.
       (4) Look back.--In revising the regulations under paragraph 
     (1), the Administrator shall propose that an individual be 
     disqualified if the individual was convicted, or found not 
     guilty by reason of insanity, of a disqualifying criminal 
     offense within 15 years before the date of an individual's 
     application, or if the individual was incarcerated for that 
     crime and released from incarceration within 5 years before 
     the date of the individual's application.
       (5) Certifications.--The Administrator shall require an 
     airport or aircraft operator, as applicable, to certify for 
     each individual who receives unescorted access to any SIDA of 
     an airport that--
       (A) a specific need exists for providing that individual 
     with unescorted access authority; and
       (B) the individual has certified to the airport or aircraft 
     operator that the individual understands the requirements for 
     possessing a SIDA badge.
       (6) Report to congress.--Not later than 90 days after the 
     date of enactment, the Administrator shall submit to the 
     appropriate committees of Congress a report on the status of 
     the revision to the regulations issued under section 44936 of 
     title 49, United States Code, in accordance with this 
     section.
       (7) Rule of construction.--Nothing in this subsection may 
     be construed to affect existing aviation worker vetting fees 
     imposed by the Administration.
       (b) Recurrent Vetting.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator and the Director of 
     the Federal Bureau of Investigation shall fully implement the 
     Rap Back service for recurrent vetting of eligible 
     Administration-regulated populations of individuals with 
     unescorted access to any SIDA of an airport.
       (2) Requirements.--As part of the requirement in paragraph 
     (1), the Administrator shall ensure that--
       (A) any status notifications the Administration receives 
     through the Rap Back service about criminal offenses be 
     limited to only disqualifying criminal offenses in accordance 
     with the regulations promulgated by the Administration under 
     section 44903 of title 49, United States Code, or other 
     Federal law; and
       (B) any information received by the Administration through 
     the Rap Back service is provided directly and immediately to 
     the relevant airport and aircraft operators.
       (3) Report to congress.--Not later than 60 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report on the 
     implementation status of the Rap Back service.
       (c) Access to Terrorism-Related Data.--Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator and the Director of National Intelligence shall 
     coordinate to ensure that the Administrator is authorized to 
     receive automated, real-time access to additional Terrorist 
     Identities Datamart Environment (TIDE) data and any other 
     terrorism related category codes to improve the effectiveness 
     of the Administration's credential vetting program for 
     individuals that are seeking or have unescorted access to a 
     SIDA of an airport.
       (d) Access to E-Verify and SAVE Programs.--Not later than 
     90 days after the date of enactment of this Act, the 
     Secretary shall authorize each airport operator to have 
     direct access to the E-Verify program and the Systematic 
     Alien Verification for Entitlements (SAVE) automated system 
     to determine the eligibility of individuals seeking 
     unescorted access to a SIDA of an airport.

     SEC. 6108. METRICS.

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

     SEC. 6109. INSPECTIONS AND ASSESSMENTS.

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

[[Page 4041]]

       (D) any additional airport worker screening or perimeter 
     security measures the Administrator identifies.
       (2) Best practices.--After completing the review under 
     paragraph (1), the Administrator shall--
       (A) identify best practices for additional access control 
     and airport worker security at airports; and
       (B) disseminate the best practices identified under 
     subparagraph (A) to airport operators.
       (3) Pilot program.--The Administrator may conduct a pilot 
     program at 1 or more airports to test and validate best 
     practices for comprehensive airport worker screening or 
     perimeter security under paragraph (2).

     SEC. 6110. COVERT TESTING.

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

     SEC. 6111. SECURITY DIRECTIVES.

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

     SEC. 6112. IMPLEMENTATION REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) assess the progress made by the Administration and the 
     effect on aviation security of implementing the requirements 
     under sections 6104 through 6111 of this Act; and
       (2) report to the appropriate committees of Congress on the 
     results of the assessment under paragraph (1), including any 
     recommendations.

     SEC. 6113. MISCELLANEOUS AMENDMENTS.

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

                 Subtitle B--TSA PreCheck Expansion Act

     SEC. 6201. SHORT TITLE.

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

     SEC. 6202. DEFINITIONS.

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

     SEC. 6203. PRECHECK PROGRAM AUTHORIZATION.

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

     SEC. 6204. PRECHECK PROGRAM ENROLLMENT EXPANSION.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall publish 
     PreCheck Program enrollment standards that add multiple 
     private sector application capabilities for the PreCheck 
     Program to increase the public's enrollment access to the 
     program, including standards that allow the use of secure 
     technologies, including online enrollment, kiosks, tablets, 
     or staffed laptop stations at which individuals can apply for 
     entry into the program.
       (b) Requirements.--Upon publication of the PreCheck Program 
     enrollment standards under subsection (a), the Administrator 
     shall--
       (1) coordinate with interested parties--
       (A) to deploy TSA-approved ready-to-market private sector 
     solutions that meet the PreCheck Program enrollment standards 
     under subsection (a);
       (B) to make available additional PreCheck Program 
     enrollment capabilities; and
       (C) to offer secure online and mobile enrollment 
     opportunities;
       (2) partner with the private sector to collect biographic 
     and biometric identification information via kiosks, mobile 
     devices, or other mobile enrollment platforms to increase 
     enrollment flexibility and minimize the amount of travel to 
     enrollment centers for applicants;
       (3) ensure that any information, including biographic 
     information, is collected in a manner that--
       (A) is comparable with the appropriate and applicable 
     standards developed by the National Institute of Standards 
     and Technology; and
       (B) protects privacy and data security, including that any 
     personally identifiable information is collected, retained, 
     used, and shared in a manner consistent with section 552a of 
     title 5, United States Code (commonly known as ``Privacy Act 
     of 1974''), and with agency regulations;
       (4) ensure that the enrollment process is streamlined and 
     flexible to allow an individual to provide additional 
     information to complete enrollment and verify identity;
       (5) ensure that any enrollment expansion using a private 
     sector risk assessment instead of a fingerprint-based 
     criminal history records check is evaluated and certified by 
     the Secretary of Homeland Security, and verified by the 
     Government Accountability Office or a federally funded 
     research and development center after award to be equivalent 
     to a fingerprint-based criminal history records check 
     conducted through the Federal Bureau of Investigation with 
     respect to the effectiveness in identifying individuals who 
     are not qualified to participate in the PreCheck program due 
     to disqualifying criminal history; and
       (6) ensure that the Secretary has certified that reasonable 
     procedures are in place with regard to the accuracy, 
     relevancy, and proper utilization of information employed in 
     private sector risk assessments.
       (c) Marketing of PreCheck Program.--Upon publication of 
     PreCheck Program enrollment standards under subsection (a), 
     the Administrator shall--
       (1) in accordance with those standards, develop and 
     implement--
       (A) a continual process, including an associated timeframe, 
     for approving private sector marketing of the PreCheck 
     Program; and
       (B) a long-term strategy for partnering with the private 
     sector to encourage enrollment in such program;
       (2) submit to Congress, at the end of each fiscal year, a 
     report on any PreCheck Program application fees collected in 
     excess of the costs of administering the program, including 
     to access the feasibility of the program, for the preceding 
     fiscal year; and
       (3) include in the report under paragraph (2) 
     recommendations for using such amounts to support marketing 
     of the program under this subsection.
       (d) Identity Verification Enhancement.--Not later than 120 
     days after the date of enactment of this Act, the 
     Administrator shall--
       (1) coordinate with the heads of appropriate components of 
     the Department to leverage department-held data and 
     technologies to verify the citizenship of individuals 
     enrolling in the PreCheck Program;
       (2) partner with the private sector to use biometrics and 
     authentication standards, such as relevant standards 
     developed by the National Institute of Standards and 
     Technology, to facilitate enrollment in the program; and
       (3) consider leveraging the existing resources and 
     abilities of airports to conduct fingerprint and background 
     checks to expedite identity verification.
       (e) PreCheck Program Lanes Operation.--The Administrator 
     shall--
       (1) ensure that PreCheck Program screening lanes are open 
     and available during peak and high-volume travel times at 
     appropriate airports to individuals enrolled in the PreCheck 
     Program; and

[[Page 4042]]

       (2) make every practicable effort to provide expedited 
     screening at standard screening lanes during times when 
     PreCheck Program screening lanes are closed to individuals 
     enrolled in the program in order to maintain operational 
     efficiency.
       (f) Vetting for PreCheck Program Participants.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Administrator shall initiate an assessment to identify any 
     security vulnerabilities in the vetting process for the 
     PreCheck Program, including determining whether subjecting 
     PreCheck Program participants to recurrent fingerprint-based 
     criminal history records checks, in addition to recurrent 
     checks against the terrorist watchlist, could be done in a 
     cost-effective manner to strengthen the security of the 
     PreCheck Program.

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

     SEC. 6301. SHORT TITLE.

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

     SEC. 6302. LAST POINT OF DEPARTURE AIRPORT SECURITY 
                   ASSESSMENT.

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

     SEC. 6303. SECURITY COORDINATION ENHANCEMENT PLAN.

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

     SEC. 6304. WORKFORCE ASSESSMENT.

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

     SEC. 6305. DONATION OF SCREENING EQUIPMENT TO PROTECT THE 
                   UNITED STATES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration is authorized to donate security 
     screening equipment to a foreign last point of departure 
     airport operator if such equipment can be reasonably expected 
     to mitigate a specific vulnerability to the security of the 
     United States or United States citizens.
       (b) Report.--Not later than 30 days before any donation of 
     security screening equipment pursuant to subsection (a), the 
     Administrator of the Transportation Security Administration 
     shall provide to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security of the House of Representatives a detailed 
     written explanation of the following:
       (1) The specific vulnerability to the United States or 
     United States citizens that will be mitigated by such 
     donation.
       (2) An explanation as to why the recipient of such donation 
     is unable or unwilling to purchase security screening 
     equipment to mitigate such vulnerability.
       (3) An evacuation plan for sensitive technologies in case 
     of emergency or instability in the country to which such 
     donation is being made.
       (4) How the Administrator will ensure the security 
     screening equipment that is being donated is used and 
     maintained over the course of its life by the recipient.
       (5) The total dollar value of such donation.

     SEC. 6306. NATIONAL CARGO SECURITY PROGRAM.

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

                       Subtitle D--Miscellaneous

     SEC. 6401. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

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

     SEC. 6402. CHECKPOINTS OF THE FUTURE.

       (a) In General.--The Administrator of the Transportation 
     Security Administration, in accordance with chapter 449 of 
     title 49, United States Code, shall request the Aviation 
     Security Advisory Committee to develop recommendations for 
     more efficient and effective passenger screening processes.
       (b) Considerations.--In making recommendations to improve 
     existing passenger screening processes, the Aviation Security 
     Advisory Committee shall consider--
       (1) the configuration of a checkpoint;
       (2) technology innovation;

[[Page 4043]]

       (3) ways to address any vulnerabilities identified in 
     audits of checkpoint operations;
       (4) ways to prevent security breaches at airports where 
     Federal security screening is provided;
       (5) best practices in aviation security;
       (6) recommendations from airport and aircraft operators, 
     and any relevant advisory committees; and
       (7) ``curb to curb'' processes and procedures.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the results of 
     the Aviation Security Advisory Committee review, including 
     any recommendations for improving screening processes.

 TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

     SEC. 7101. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 
                   TRUST FUND.

       (a) In General.--Section 9502(d)(1) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``July 16, 2016'' and inserting ``October 1, 2017''; and
       (2) in subparagraph (A), by striking the semicolon at the 
     end and inserting ``or the Federal Aviation Administration 
     Reauthorization Act of 2016;''.
       (b) Conforming Amendment.--Section 9502(e)(2) of such Code 
     is amended by striking ``July 16, 2016'' and inserting 
     ``October 1, 2017''.

     SEC. 7102. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
                   TRUST FUND.

       (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by striking ``July 15, 2016'' 
     and inserting ``September 30, 2017''.
       (b) Ticket Taxes.--
       (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is 
     amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2017''.
       (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is 
     amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2017''.
       (c) Fractional Ownership Programs.--
       (1) Treatment as non-commercial aviation.--Section 4083(b) 
     of such Code is amended by striking ``July 16, 2016'' and 
     inserting ``October 1, 2017''.
       (2) Exemption from ticket taxes.--Section 4261(j) of such 
     Code is amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2017''.
                                 ______
                                 
  SA 3680. Mr. THUNE proposed an amendment to amendment SA 3679 
proposed by Mr. McConnell (for 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:

       Strike section 4105 and insert the following:

     SEC. 4105. ADS-B MANDATE ASSESSMENT.

       (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 3681. Mr. HATCH 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, insert the following:

  TITLE VI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

     SEC. 6001. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 
                   TRUST FUND.

       (a) In General.--Section 9502(d)(1) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``July 16, 2016'' and inserting ``October 1, 2017''; and
       (2) in subparagraph (A), by striking the semicolon at the 
     end and inserting ``or the Federal Aviation Administration 
     Reauthorization Act of 2016;''.
       (b) Conforming Amendment.--Section 9502(e)(2) of such Code 
     is amended by striking ``July 16, 2016'' and inserting 
     ``October 1, 2017''.

     SEC. 6002. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
                   TRUST FUND.

       (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by striking ``July 15, 2016'' 
     and inserting ``September 30, 2019''.
       (b) Ticket Taxes.--
       (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is 
     amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2019''.
       (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is 
     amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2019''.
       (c) Fractional Ownership Programs.--
       (1) Treatment as non-commercial aviation.--Section 4083(b) 
     of such Code is amended by striking ``July 16, 2016'' and 
     inserting ``October 1, 2019''.
       (2) Exemption from ticket taxes.--Section 4261(j) of such 
     Code is amended by striking ``July 15, 2016'' and inserting 
     ``September 30, 2019''.
                                 ______
                                 
  SA 3682. Mr. INHOFE 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:

       Strike section 5023 and insert the following:

     SEC. 5023. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
                   INTERNATIONAL AIR CARRIER 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'') that--
       (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.--In conducting the study under subsection (a), 
     the Comptroller General shall assess--
       (1) the public benefits to consumers of alliances and the 
     consequences of alliances, if any, to competition, pricing, 
     and new entry into markets served by alliances;
       (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 Department of Transportation's role in the approval 
     and monitoring of alliances;
       (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; and
       (8) the level of competition between alliances.
       (c) Recommendations.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to Congress the results of the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 3683. Mr. BOOKER (for himself and Mr. Daines) 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 subtitle A of title IV, insert the following:

     SEC. 4118. SENSE OF CONGRESS ON THE NEXT GENERATION AIR 
                   TRANSPORTATION SYSTEM.

       It is the sense of Congress that--
       (1) the Next Generation Air Transportation System (known as 
     ``NextGen'') could, if properly implemented, provide much 
     needed modernization of air traffic technologies to meet the 
     future needs of the national airspace;
       (2) once fully implemented, advancements from 
     implementation of the Next Generation Air Transportation 
     System could result in billions of dollars of economic 
     benefits to air carriers and the travel industry;
       (3) the Next Generation Air Transportation System has the 
     potential to improve air traffic management by--
       (A) improving weather forecasting;
       (B) enhancing safety;
       (C) creating more flexible spacing and sequencing of 
     aircraft;
       (D) reducing air traffic separation; and
       (E) reducing congestion;
       (4) improvements to air traffic management through the 
     implementation of the Next Generation Air Transportation 
     System will provide benefits--
       (A) to the flying public, such as reduced delays, reduced 
     wait times, more direct flights, and an overall enhanced 
     flying experience; and

[[Page 4044]]

       (B) to commercial air carriers, such as fuel cost savings, 
     lower operational costs, and improved customer satisfaction; 
     and
       (5) fully and swiftly implementing the Next Generation Air 
     Transportation System should remain a top priority for the 
     United States to maximize the efficiency of the airspace 
     system of the United States, maintain a competitive 
     advantage, and remain a global leader in aviation.
                                 ______
                                 
  SA 3684. Mr. McCONNELL (for Mr. Carper (for himself and Mr. Tillis)) 
proposed an amendment to the bill S. 2133, to improve Federal agency 
financial and administrative controls and procedures to assess and 
mitigate fraud risks, and to improve Federal agencies' development and 
use of data analytics for the purpose of identifying, preventing, and 
responding to fraud, including improper payments; as follows:

       On page 5, line 24, strike ``and'' at the end.
       On page 5, line 25, strike the period and insert ``; and''.
       On page 5, after line 25, add the following:
       (3) any other party determined to be appropriate by the 
     Director of the Office of Management and Budget, which may 
     include the Chief Information Officer, the Chief Procurement 
     Officer, or the Chief Operating Officer of each agency.

                          ____________________