[Senate Report 114-428]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 715
114th Congress   }                                       {       Report
                                 SENATE
 2d Session      }                                       {      114-428
_______________________________________________________________________

                                     



      FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2016

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2658

                             together with

                            ADDITIONAL VIEWS


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 20, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of December 10 
                  (legislative day, December 9), 2016
































                                                       Calendar No. 715
114th Congress   }                                       {       Report
                                 SENATE
 2d Session      }                                       {      114-428
_______________________________________________________________________

                                     




      FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2016

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2658

                             together with

                            ADDITIONAL VIEWS


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 20, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of December 10 
                  (legislative day, December 9), 2016
                 
                                    ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2016                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel


















                                                      Calendar No. 715
114th Congress   }                                      {       Report
                                 SENATE
 2d Session      }                                      {      114-428

======================================================================



 
      FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2016

                                _______
                                

               December 20, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of December 10 
                  (legislative day, December 9), 2016

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2658]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2658) to amend title 49, United 
States Code, to authorize appropriations for the Federal 
Aviation Administration for fiscal years 2016 through 2017 and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2658, as reported, is to authorize 
various Federal aviation programs and policies, including 
funding for the Federal Aviation Administration (FAA). The bill 
also seeks to address important issues related to 
infrastructure development, air traffic control operations, 
aviation safety, airline consumer protections, unmanned 
aircraft systems (UAS), aircraft certification, and small 
community air service.

                          Background and Needs

    Civil aviation accounts for more than five percent of U.S. 
gross domestic product and supports nearly 12 million American 
jobs.\1\ The aviation industry encompasses several different 
sectors, including commercial aviation, airports, general 
aviation, and manufacturing. The success of these sectors is 
dependent upon a safe, efficient, and modern air traffic 
control (ATC) system; a well-maintained and vast airport 
network; an innovative and robust manufacturing sector; and 
efficient and effective regulatory processes.
---------------------------------------------------------------------------
    \1\FAA, The Economic Impact of Civil Aviation on the U.S. Economy, 
June 2014, p. 5.
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    The United States has roughly 19,453 airports providing 
services to our aviation system, and, in many communities, they 
are key economic drivers.\2\ The 485 commercial airports in the 
United States support about 9.6 million jobs and produce an 
annual output of $1.1 trillion.\3\ General aviation (GA) in the 
United States is reported to have a total economic output of 
$219 billion and support roughly 1.1 million jobs.\4\ GA 
represents a broad range of aviation activities, including 
business, recreation, agriculture, law enforcement, air 
ambulance operations, and disaster relief.\5\ In 2012, civil 
aircraft manufacturing was a top net exporter, with a positive 
trade balance of $54.3 billion.\6\ Between the end of the 2008 
recession and 2014, real U.S. economic growth averaged 2.4 
percent per year, but in the same time frame, the real primary 
output of civil aviation grew an average of 3.9 percent a 
year.\7\
---------------------------------------------------------------------------
    \2\Department of Transportation, Bureau of Transportation 
Statistics, at http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/
files/publications/national_transportation_statistics/html/
table_01_03.html.
    \3\CDM Smith, The Economic Impact of Commercial Airports, September 
2014, p. 1, at http://airportsforthefuture.org/files/2014/09/Economic-
Impact-of-Commercial-Aviation-201pdf.
    \4\General Aviation Manufacturers Association, 2015 General 
Aviation Statistical Databook & 2016 Industry Outlook, 2016, p. 2, at 
https://www.gama.aero/files/GAMA_2015_Databook_LoRes%20updated%203-29-
2016.pdf.
    \5\General aviation does not include scheduled commercial flights 
or military flights.
    \6\Federal Aviation Administration, The Economic Impact of Civil 
Aviation on the U.S. Economy, June 2014, p. 5.
    \7\Id.
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Aviation funding

    The FAA's total enacted budget for fiscal year (FY) 2016 is 
roughly $16.5 billion. Within that budget are four different 
accounts: Operations and Maintenance ($9.90 billion)\8\; 
Facilities and Equipment ($2.85 billion);\9\ Research, 
Engineering, and Development ($166 million);\10\ and Grants-In-
Aid for Airports ($3.60 billion).\11\ These four accounts are 
funded through two different sources: the Airport and Airway 
Trust Fund (Trust Fund) and the General Fund of the Treasury. 
The Trust Fund was created in 1970 and is directly supported 
through revenues collected from a series of excise taxes paid 
by users of the national airspace system as follows:\12\
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    \8\Operations and Maintenance (O&M) is the only FAA account that is 
funded, in part, by General Fund contributions. The O&M account 
principally funds air traffic operations and aviation safety programs.
    \9\The Facilities and Equipment (F&E) account provides funding for 
the acquisition and maintenance of air traffic facilities and 
equipment, and for engineering, development, testing, and evaluation of 
technologies related to the federal air traffic system.
    \10\The Research, Engineering, and Development (RE&D) account 
finances research on improving aviation safety and operational 
efficiency and reducing environmental impacts of aviation operations.
    \11\This account funds the Airport Improvement Program (AIP), which 
provides federal grants-in-aid for projects such as new runways and 
taxiways; runway lengthening, rehabilitation, and repair; and noise 
mitigation near airports.
    \12\This list includes only those taxes that are deposited into the 
Trust Fund, not other fees such as the $5.60 one-way security fee on 
airline passengers.

     7.5 percent passenger ticket tax.
     $4.00 passenger flight segment fee.\13\
---------------------------------------------------------------------------
    \13\Flight Segment Fees do not apply to flight segments to or from 
a rural airport, defined as those that have fewer than 100,000 
passengers per year.
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     6.25 percent freight waybill tax.
     $17.70 international departure and arrival taxes.
     $8.90 Alaska and Hawaii international air 
facilities tax.
     7.5 percent frequent flyer award tax.
     Aviation fuel taxes as follows:
      o 4.3 cents/gallon on commercial jet fuel.
      o 19.3 cents/gallon on GA gasoline.
      o 21.8 cents/gallon on GA jet fuel.
      o 14.1 cents/gallon Fractional Ownership Surtax on GA jet 
fuel.

    According to the Treasury, these taxes raised about $14.5 
billion in FY 2015, including the following amounts:

     $9.8 billion from the passenger ticket taxes.
     $3.3 billion from the international departure and 
arrival taxes.
     $496 million from the freight waybill tax.
     $410 million from the commercial aviation fuel 
taxes.
     $209 million from GA fuel taxes.

    The Trust Fund continues to earn interest on its cash 
balance; interest contributed roughly $273 million in FY 2015.

Airport Grants and Financing

    To finance daily operations, airports generate and rely on 
both aeronautical and non-aeronautical revenue. The primary 
source of aeronautical (or airside) revenue is derived from 
fees that airlines pay for the use and maintenance of the 
airport facilities, including terminal rents, landing fees, and 
other airport services (e.g., use of a jet bridge). Non-
aeronautical (or terminal and landside) revenue includes those 
funds generated through things such as concessions, parking and 
airport access, rental car operations, and land rent. To 
finance capital needs, airports use a combination of Federal 
grant funding (through the FAA's Airport Improvement Program 
(AIP)), passenger facility charges (PFCs), airport revenues, 
tax-exempt bonds (often secured by airport revenue or PFCs), 
and State or local grants.
    Airport Improvement Program - AIP grant funding is usually 
limited to capital improvements related to aircraft operations 
and tied to improvements related to safety, capacity, and 
environmental concerns. Commercial revenue-producing portions 
of airports and airport terminals are generally not eligible 
for AIP funding. There were 3,345 public-use airports (3,331 
existing and 14 proposed) identified in FY 2015 in the National 
Plan of Integrated Airport Systems (NPIAS) as eligible for AIP 
grants.
    Passenger Facility Charge - PFCs are a federally-authorized 
local charge, subject to FAA approval, collected from 
passengers by the airlines per flight segment and paid directly 
to the airport without going through the Federal Treasury. They 
are intended to complement AIP by providing funds for projects 
that are not AIP-eligible, in addition to providing 
supplemental funds for runways, taxiways, and other airport 
improvements.\14\ PFCs can also be used to finance debt to 
enable airports to undertake terminal construction projects to 
increase competition and capacity that are not eligible for AIP 
funds. Currently, the statute authorizing the PFC stipulates 
that no airport may charge a PFC of more than $4.50 per 
passenger and, to limit the impact of multiple connections on 
travelers, PFCs may only be charged on two segments of a one-
way trip, effectively capping total PFCs at $18 for any round 
trip. Currently, 357 airports are approved by the FAA to 
collect PFC revenues for specific projects. In calendar year 
(CY) 2015, $3.02 billion was collected and $3.13 billion is 
expected to be collected in CY 2016.
---------------------------------------------------------------------------
    \14\CRS Report R43858, Issues in the Reauthorization of the Federal 
Aviation Administration (FAA), by Bart Elias and Rachel Tang.
---------------------------------------------------------------------------

FAA Safety, Management, and Organizational Issues

    Safety - The U.S. commercial aviation system has an 
impressive safety record. In September 2014, the Government 
Accountability Office (GAO) reported that, of the 76 industry 
and labor stakeholders interviewed about challenges associated 
with the Nation's ATC system, 71 characterized the system as 
``very'' to ``extremely'' safe.\15\ The FAA Modernization and 
Reform Act of 2012 (FMRA; P.L. 112-95) contained a number of 
provisions to improve aviation safety, including provisions 
addressing aviation worker training, FAA facility staffing, and 
expeditious certification of new safety-enhancing technologies. 
Additionally, in 2010, Congress passed the Airline Safety and 
Federal Aviation Administration Extension Act of 2010 (P.L. 
111-216), which contained a number of provisions to address 
safety concerns raised in the wake of the accident of Colgan 
flight 3407 near Buffalo in 2009. That law, among other things, 
directed the FAA to finalize regulations to reduce pilot 
fatigue and to improve airline pilot training and minimum 
qualifications. The FAA has implemented many of these 
provisions, but has yet to complete work on the requirement for 
a centralized database of pilot records, among other things.
---------------------------------------------------------------------------
    \15\Government Accountability Office, Air Traffic Control System: 
Selected Stakeholders' Perspectives on Operations, Modernization, and 
Structure, September 12, 2014, p. 38.
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    Certification and Regulatory Reform - The FAA is 
responsible for issuing design and manufacturing approvals for 
manufacturers' applications related to aircraft, aircraft 
engines and propellers, as well as other aircraft parts and 
appliances (aircraft and aircraft components). To ensure the 
safety of aircraft and aircraft components, the agency has 
developed a set of safety standards for them. The FAA also sets 
the standards for certification and oversight of airmen, air 
operators, air agencies, and designees. The agency further 
conducts inspections, surveillance, investigations, enforcement 
actions, and manages the system for registration of civil 
aircraft and all airmen records.
    In response to stakeholder concerns related to 
certification delays and inconsistent regulatory interpretation 
of certification standards and processes, the FMRA contains two 
provisions. Section 312 of the FMRA (49 U.S.C. 44704 note) 
requires the FAA to develop a plan to streamline certification 
processes. Section 313 of the FMRA (49 U.S.C. 44701 note) 
directs the FAA to develop and implement a plan to address 
inconsistencies in regulatory interpretation in certification. 
In response to Aviation Rulemaking Committee recommendations, 
the FAA issued the first version of its implementation plans 
for section 312 in January 2013. The FAA has since released 
periodic updates of this plan. Section 313's implementation 
plan was released on January 20, 2015.
    Even with recent actions, stakeholders have expressed 
lingering concerns about various aspects of the certification 
process and are urging additional improvements. Under the 
Organization Designation Authorization (ODA) program, the FAA 
may delegate authority (to a qualified private person or 
company) related to issuing certificates or the examination, 
testing, and inspection necessary to issue a certificate. Many 
manufacturers believe that the ODA program needs more 
consistency, particularly as it relates to full utilization of 
the ODA authority. There are also concerns about recurrent 
training, knowledge transfers, and e-learning opportunities to 
ensure the relevant FAA workforce possesses technical expertise 
in new and evolving technologies, and the extent to which the 
FAA supports U.S. manufacturers seeking approval for products 
internationally that have been certified by the FAA.
    NextGen and ATC Reform - Beginning in the early 1980s, the 
FAA started its effort to modernize the ATC system. While this 
effort has morphed over the years through a number of programs, 
in 2004, Congress first authorized the current iteration of the 
Next Generation Air Transportation System (NextGen), which is a 
significant, large-scale effort to modernize our Nation's ATC 
system. NextGen is a $40 billion program initially slated to be 
completed by 2025 to transition the Nation's airspace from a 
1950s radar-based system to advanced-technology air-traffic 
management.\16\ NextGen is a fundamental reengineering of our 
Nation's airspace to increase capacity and reduce congestion 
and delays, while further improving safety and reducing 
aviation's environmental footprint. NextGen currently comprises 
several major programs, including EnRoute Automation 
Modernization (ERAM), Data Communications (DataComm), Automatic 
Dependent Surveillance-Broadcast (ADS-B), and Terminal 
Automation Modernization and Replacement (TAMR).\17\ These 
programs, along with other NextGen programs, are intended to 
improve the safety and efficiency of the Nation's airspace by 
permitting aircraft to avoid congestion-related delays, fly 
more direct routes, and ultimately fly more closely together by 
virtue of improved ATC surveillance technology. Reduced fuel 
consumption has led to a reduction in carbon dioxide emissions 
and environmental benefits that will continue to accrue as more 
NextGen programs are put in place.
---------------------------------------------------------------------------
    \16\Testimony of Assistant Inspector General for Aviation Audits 
Matthew E. Hampton, in U.S. Congress, Senate Committee on Commerce, 
Science, and Transportation, Subcommittee on Aviation Operations, 
Safety, and Security, NextGen: A Review of Progress, Challenges, and 
Opportunities for Improving Aviation Safety and Efficiency, hearings, 
113th Cong., 2nd sess., June 25, 2014, S.Hrg. 113-669 (Washington, DC: 
GPO, 2014).
    \17\Federal Aviation Administration. ``NextGen Implementation 
Plan,'' August 2014, at http://www.faa.gov/nextgen/library/media/
nextgen_implementation_plan_2014.pdf.
---------------------------------------------------------------------------
    However, as with previous ATC modernization efforts, 
concerns have been raised regarding the FAA's implementation of 
NextGen technology and procedures. In 2014, the Department of 
Transportation's Inspector General (DOT IG) found that 
``[l]ongstanding programmatic and organization challenges . . . 
further undermine NextGen's progress.''\18\ In addition, the 
DOT IG stated that the FAA's NextGen plans were ``overly 
ambitious'', and that the agency has ``yet to develop an 
executable implementation plan that addresses costs and 
technology development and integration.''\19\ In September 
2014, the GAO reported that, when interviewing stakeholders 
regarding the FAA's capability in overall NextGen 
implementation, three times as many stakeholders said 
implementation ``was not going well'' compared to those who 
said it was.\20\
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    \18\U.S. Department of Transportation, Office of Inspector General 
Audit Report, Addressing Underlying Causes for NextGen Delays Will 
Require Sustained FAA Leadership and Action, February 25, 2014, p. 2, 
at https://www.oig.dot.gov/sites/default/files/
FAA%20Underlying%20Causes%20for%20NextGen%20Delays%5E2-25-14.pdf.
    \19\Ibid.
    \20\Id. at 39.
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    There have recently been proposals to move the Air Traffic 
Organization outside of the FAA. On February 3, 2016, 
Representative Bill Shuster, Chairman of the Transportation and 
Infrastructure (T&I) Committee of the House of Representatives, 
introduced an FAA reauthorization proposal, H.R. 4441, the 
Aviation Innovation, Reform, and Reauthorization Act of 2016, 
which would create a not-for-profit, non-governmental 
corporation to handle day-to-day air traffic control in the 
United States. On February 11, 2016, the T&I Committee marked 
up and reported out H.R. 4441 by a vote of 34-25.
    The Committee on Commerce, Science, and Transportation of 
the Senate held a hearing on the issue and, though such a 
proposal was not included in the Committee reported version, 
debate on the air traffic control reform is expected to 
continue.
    UAS - FMRA defined UAS as unmanned aircraft and associated 
elements that are required for the pilot in command to operate 
safely and efficiently in the national air system (NAS), 
including communication links and the components that control 
the unmanned aircraft. UAS can be operated by remote or ground 
control station and vary greatly in size, from a wingspan as 
large as a Boeing 737 to smaller than a radio-controlled model 
airplane. They are typically classified by weight, and 
described in terms of endurance, purpose of use, and altitude 
of operation. As the FAA moves forward with UAS integration, 
new markets and new opportunities for unmanned aviation are 
likely to continue to emerge.
    While the military had for years been the primary user of 
UAS and, to some degree, had driven public perception of 
unmanned aircraft, civil unmanned aircraft systems use is on 
the rise. In particular, there has been a growing interest in 
developing public, civil, and commercial opportunities to 
employ UAS to conduct a wide variety of functions more 
efficiently, and at a lower cost and safety risk, than manned 
aircraft. These non-military UAS applications could serve a 
variety of purposes, including agricultural surveys, pipeline 
inspections, forest fire monitoring, and law enforcement, and 
could support nearly $91 billion in UAS worldwide market growth 
over the next decade.\22\ UAS present a new set of technical 
safety considerations for regulators at the FAA, such as 
``sense and avoid'' considerations, and command and control 
link reliability. And, given their size and unique 
characteristics, certification requirements for small unmanned 
aircraft in the NAS may be considered differently from other 
aircraft. FAA actions in the last 2 years on UAS include:
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    \21\Teal Group Corporation, ``Teal Group Predicts Worldwide UAV 
Market Will Total $91 Billion in Its 2014 UAV Market Profile and 
Forecast'', press release, July 17, 2014, at http://www.tealgroup.com/
index.php/about-teal-group-corporation/press-releases/118-2014-uav-
press-release.
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     On February 15, 2015, the FAA announced a Notice 
of Proposed Rulemaking regarding ``small'' UAS that would allow 
routine use of UAS weighing up to 55 pounds in the NAS.
     By September 2014, six test sites selected by the 
FAA in December 2013 (more than a year after the FMRA deadline 
of August 2012) for non-Federal entities to test UAS became 
operational.
     On June 21, 2016, the FAA finalized the new rules 
for small UAS (FMRA had contemplated the final rulemaking by 
August 14, 2014).
    As the FAA works on the safe integration of UAS, which 
primarily deals with concerns about the safety risk of UAS 
interfering with manned aircraft in the national airspace and 
the uninvolved public, the debate regarding privacy 
considerations and related protections continues. These issues 
range from potential warrantless surveillance by law 
enforcement to invasion of privacy and data collection by 
private parties.

Aviation Programs under DOT Purview

    Several important aviation programs are managed within the 
Office of the Secretary of Transportation.
    Essential Air Service (EAS) - The Airline Deregulation Act 
of 1978 (ADA; P.L. 95-504) gave airlines freedom to determine 
which markets to serve domestically and what fares to charge 
for that service. The EAS program was put into place to 
guarantee that small communities regularly served by airlines 
before deregulation maintained a minimal level of scheduled air 
service after deregulation. To fulfill the mandate to provide 
EAS communities with access to the national air transportation 
system, the DOT generally subsidizes two to four round trips 
per day to a major hub airport. The DOT currently subsidizes 
air service to approximately 155 smaller and rural communities 
across the country that otherwise would not receive any 
scheduled air service.
    The EAS has been funded at the following levels since the 
enactment of the FMRA: $232 million in FY 2013; $246 million in 
FY 2014; $261 million in FY 2015; and about $275 million in FY 
2016. The majority of funding is derived from appropriations 
(e.g., $175 million in FY 2016) with the remainder coming from 
revenues generated by the FAA from overflight fees (i.e., ATC 
fees charged to aircraft that fly through U.S. airspace without 
taking off or landing in the United States).
    Small Community Air Service Development Program (SCASDP) - 
This relatively small grant program, established in 2000, was 
designed to help small communities address air service and 
airfare issues. Candidate communities for program participation 
are limited to those where the airport is not larger than a 
primary small hub (based on calendar year 1997 data), the 
service is insufficient, and the air fares to the community are 
unreasonably high. FMRA authorized SCASDP funding of $6 million 
per year through FY 2015; however, $5 million was appropriated 
(off the top of the AIP account) for FY 2016.
    Aviation Consumer Protection - Deregulation of the airline 
industry in 1978 eliminated the Federal Government's control 
over many airline business practices, including pricing and 
domestic route selection. However, the Federal Government 
continues to legislate and enforce certain consumer protections 
for airline passengers. Most of DOT's consumer rules are based 
on section 41712 of title 49, United States Code, which directs 
it to ``protect consumers from unfair or deceptive practices.'' 
Some are based on DOT's authority to require air carriers in 
interstate transportation to provide ``safe and adequate 
service'' (49 U.S.C. 41702). In specific cases, DOT may take 
enforcement actions against air carriers that violate consumer 
protection rules. Further, the Air Carrier Access Act of 1986 
(P.L. 99-435; 100 Stat. 1080) dictates protections, enforced by 
the DOT, for passengers with disabilities at airports and on 
airlines.
    In the last 6 years, there have been several significant 
developments in the area of consumer protection. In December 
2009, and again in April 2011, the DOT issued final rules that 
expanded regulatory protections to aviation consumers. The 
rules also required consumer access to accurate and adequate 
information when selecting flights, including full-fare 
advertising, and improvements in agency responsiveness to 
customer complaints. A proposal for a third rule was issued in 
May 2014, but has not been finalized.

                         Summary of Provisions


Airports

     Supports job creation and improves safety with 
increased infrastructure investment by authorizing funding for 
the Airport Improvement Program at $3.75 billion, a $400 
million increase.
     Streamlines the Passenger Facility Charge 
application process to eliminate unnecessary paperwork.

Unmanned Aircraft Systems (UAS or ``drones'')

     Directs the development of consensus safety 
standards for UAS, to be coordinated by the National Institute 
of Standards and Technology (NIST) and the FAA in consultation 
with industry, to enhance the safety features built into drones 
and parameters for operators.
     Enhances privacy by directing the development of 
standards to remotely identify UAS (to improve identification 
of illicit operators), declaring as national policy that UAS 
should be operated in a manner that protects personal privacy, 
encouraging commercial UAS users to adopt written privacy 
policies, and increasing transparency and accountability for 
government and commercial use of UAS.
     Promotes safety by requiring UAS users to pass an 
FAA-approved online aeronautical safety test before flying. 
This ensures users understand the national airspace system and 
avoid manned aircraft. Operators of UAS weighing less than 0.55 
pounds could be exempted from the testing requirement.
     Authorizes FAA initiatives to better enforce 
applicable laws and reduce UAS risks.
     Authorizes FAA pilot programs to intercept drones 
near airports and critical infrastructure.
     Fosters innovation by authorizing expanded case-
by-case exemptions for beyond visual-line-of sight and 
nighttime operations, as well as for research and development 
and commercial purposes.
     Directs the FAA to coordinate with the National 
Aeronautics and Space Administration (NASA) to carry out a 
pilot program to test UAS traffic management, known as ``UTM.''
     Improves UAS test sites, first authorized in 2012, 
by more clearly directing research priorities, improving 
coordination with the FAA, and enhancing protections for 
proprietary information to encourage engagement with the 
private sector.
     Requires the DOT to establish a UAS delivery air 
carrier certificate that would allow for package deliveries by 
UAS.
     Directs the FAA to establish operating rules 
specific to ``micro'' UAS, which weigh 4.4 lbs. or less.
     Streamlines the approval process for the safe 
operation of UAS at institutions of higher education.
     Establishes a process for the FAA to designate 
areas where UAS may not fly, for example around critical 
infrastructure, chemical facilities, or amusement parks.
     Directs the FAA to coordinate development of 
consensus UAS industry manufacturing standards to enhance 
safety, including to sense and avoid, lost link, 
identification, detectability, and other safety technology.

Aircraft Certification Reform

     Streamlines certification processes by 
establishing an advisory committee to recommend improvements 
and ensure consistency, requiring the FAA to better utilize its 
existing delegation authorities, and measuring how the FAA and 
industry are performing their respective certification 
responsibilities to ensure accountability.
     Requires the FAA to focus on international 
engagement and leadership related to U.S.-developed standards 
to facilitate approvals of U.S. aerospace products and services 
abroad.
     Maintains the quality of the FAA safety workforce 
by assessing relevant FAA employee training needs, reviewing 
the current hiring and training requirements, analyzing the 
skills and qualifications of aviation safety inspectors and 
engineers, and developing knowledge-sharing opportunities.

Consumer Protection and Aviation Access

     Reauthorizes the DOT's Advisory Committee for 
Aviation Consumer Protection.
     Provides for an update, by notice and comment 
rule, of onboard emergency medical kit contents.
     Directs the DOT to review circumstances that may 
impact travelers to and from small communities, including 
canceled flights, involuntary changes to itineraries, and pilot 
supply.
     Maintains support for small community air service 
through the reauthorization of the Essential Air Service 
Program and the Small Community Air Service Development 
Program.
     Requires airlines, after appropriate rulemaking by 
the DOT, to provide refunds for delayed baggage, provide notice 
to families with children regarding seat assignments, 
standardize the disclosure of ancillary fees to passengers, and 
provide automatic refunds for services paid for, but not 
received.
     Strengthens consumer complaint information 
notification at airlines and improves the DOT's online 
communications tools for the traveling public.
     Takes steps to improve air travel for persons with 
disabilities by requiring a review of training and best 
practices by airports and airlines and creating an ongoing 
advisory committee.
     Authorizes the DOT to ban cell phone calls during 
airline flights.

Airline Safety Improvements

     Directs the DOT to implement internationally-
approved safety standards on bulk transport of lithium 
batteries and review existing regulations and potential 
improvements to battery safety.
     Improves a voluntarily safety reporting program 
for pilots.
     Enhances requirements related to mental health 
screening for commercial pilots.
     Directs airlines to bolster employee training to 
identify and report incidents of human trafficking.
     Sets a statutory deadline for the FAA's pilot 
record database, required under the 2010 Safety Act, to ensure 
airlines, when hiring, have information regarding pilots' 
training, testing, and employment history.
     Improves preparedness for communicable disease 
outbreaks, following through on GAO recommendations after the 
2015 Ebola outbreak, by directing the DOT and the Department of 
Health and Human Services to establish a comprehensive, 
aviation-specific preparedness plan to address the risks 
associated with global connectivity of aviation.
     Directs the FAA to update guidance regarding 
flight deck automation and monitoring, a key factor in recent 
fatal accidents, and to review airline cabin evacuation 
procedures used during emergencies.

General Aviation Safety and Protections

     Reforms the Third Class Medical Certificate 
process and an enhanced appeals process, including de novo 
review, for pilots facing FAA enforcement. (Pilot's Bill of 
Rights 2)
     Enhances safety for low-altitude GA, like 
agricultural-applicators, by requiring marking of small towers.
     Requires the FAA to clearly identify alternatives 
to traditional aviation gasoline and adopt a process to ensure 
the safety of modifications to existing aircraft prior to a 
transition to unleaded aviation fuel.
     Requires the FAA to implement a risk-based policy 
that expedites the installation of safety enhancing 
technologies for small GA aircraft.

Air Traffic Control, NextGen, and FAA Management

     Reduces barriers to the contract tower program 
through reforms to the FAA's cost-benefit analysis.
     Responds to concerns with the FAA's air traffic 
controller hiring process by opening up the hiring pipeline to 
additional qualified candidates, including veterans, and by 
requiring all controllers to receive an in-person interview 
before being hired and beginning training.
     Follows-up on recommendations made by the DOT IG 
and GAO to improve safety and efficiency in the NAS, including 
recommendations to improve NextGen transition management, 
mitigate risks to NextGen interoperability with foreign 
countries, and assess NextGen acquisitions.
     Requires FAA to update contingency plans to better 
address potential air traffic facility outages.
     Implements National Research Council 
recommendations directing FAA to incorporate cybersecurity 
measures and human factors throughout the development and 
rollout of NextGen programs, and attracting an even more 
qualified workforce to manage these programs.
     Requires the FAA to assess each NextGen program 
and provide a report to Congress on how each program improves 
safety and efficiency in the NAS and an estimate on the date 
that each program will have a positive return on investment for 
aviation users and the government.
     Requires the FAA to develop a comprehensive 
framework of principles and policies to reduce cybersecurity 
risks to the NAS, civil aircraft, and agency information 
systems.

                          Legislative History

    Chairman John Thune introduced S. 2658, the Federal 
Aviation Administration Reauthorization Act of 2016, on March 
9, 2016. Ranking Member Nelson, Subcommittee Chair Ayotte, and 
Subcommittee Ranking Member Cantwell are original cosponsors. 
The bill was referred to the Committee.
    The Committee held the following six hearings examining key 
issues addressed in the legislation:
     Unmanned Aircraft Systems: Key Considerations 
Regarding Safety, Innovation, Economic Impact, And Privacy 
(March 24, 2015).
     Federal Aviation Administration Reauthorization 
(April 14, 2015).
     FAA Reauthorization: Certification and U.S. 
Aviation Manufacturing Competitiveness (April 21, 2015).
     FAA Reauthorization: Airport Issues and 
Infrastructure Financing (April 23, 2015).
     FAA Reauthorization: Aviation Safety and General 
Aviation (April 28, 2015).
     FAA Reauthorization: Air Traffic Control 
Modernization and Reform (May 19, 2015).
    S. 2658 includes the Senate-passed text of S. 571, the 
Pilot's Bill of Rights 2. That bill was introduced on February 
25, 2015, by Senator Inhofe, along with 12 original co-
sponsors, and referred to the Committee. On December 9, 2015, 
the Committee ordered an amended version of the bill to be 
reported to the Senate favorably by voice vote (S. Rept. 114-
198). On December 15, 2016, the Senate passed S. 571 by 
unanimous consent.
    On March 16, 2016, the Committee met in open Executive 
Session to consider S. 2658. Senators Thune and Nelson offered 
an amendment in the nature of a substitute, making several 
changes to the bill. The substitute was approved by the 
Committee by voice vote to serve as the underlying text for 
consideration. The Committee then approved 53 amendments (en 
bloc) to the substitute by voice vote. Six additional first 
degree amendments were considered. Senator Markey offered one 
related to the use of personally identifiable information 
collected by any public UAS that was adopted by a roll call 
vote of 13 yeas and 10 nays. Senators Heller and Cantwell 
offered one directing DOT to issue a rule authorizing the 
carriage of property by small UAS for compensation or hire that 
was adopted by a roll call vote of 20 yeas and 4 nays. Senator 
Markey offered an amendment to prohibit air carriers from 
imposing fees that are not reasonable and proportional to the 
costs incurred by the air carriers that failed to be adopted on 
a roll call vote of 12 yeas and 12 nays. Senator Markey offered 
an amendment related to cyberattacks on aircraft that failed to 
be adopted on a roll call vote of 8 yeas to 16 nays. Senator 
Thune then offered an amendment to add cybersecurity provisions 
and FAA employee identity management protections that was 
adopted by voice vote. Senator Moran offered an amendment to 
require the Transportation Security Administration (TSA) to 
conduct security screening at certain small airports that was 
adopted by voice vote.
    The bill, as amended, was ordered to be reported to the 
Senate favorably by voice vote with an amendment (in nature of 
a substitute).
    Related Legislation - After a series of hearings on FAA 
reauthorization and ATC reform, on February 3, 2016, Chairman 
Bill Shuster (R-PA) introduced the Aviation Innovation, Reform, 
and Reauthorization (AIRR) Act of 2016 (H.R. 4441), which is a 
bill to reauthorize Federal aviation programs and for other 
purposes. That bill was referred to the T&I Committee, which, 
on February 11, 2016, marked up and reported out the bill by a 
vote of 34-25. The Ways and Means Committee of the House of 
Representatives has not yet marked up a tax title for that 
legislation, and the bill has not been considered by the full 
House of Representatives.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2658--Federal Aviation Administration Reauthorization Act of 2016

    Summary: S. 2658 would authorize appropriations, through 
2017, for activities of the Federal Aviation Administration 
(FAA) and other federal programs related to civil aviation. The 
bill also would increase contract authority for the Airport 
Improvement Program (AIP) and reduce direct spending for 
federal retirement benefits for certain air traffic 
controllers. Over the 2017-2026 period CBO estimates that 
implementing S. 2658 would:
           Result in discretionary outlays totaling 
        $16.7 billion, subject to the appropriation of the 
        authorized amounts;
           Reduce direct spending by $8 million; and
           Increase revenues from civil penalties by 
        less than $500,000.
    Pay-as-you-go procedures apply because enacting the 
legislation would affect direct spending and revenues. CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2658 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
on operators of unmanned aircraft systems (UAS) and providers 
of helicopter air ambulance services. The bill also would 
preempt state and local authority to regulate such systems. 
Based on information from the FAA, public airport operators, 
and state aviation agencies, CBO estimates that the cost of the 
mandates on public entities would fall below the annual 
threshold established in UMRA for intergovernmental mandates 
($77 million in 2016, adjusted annually for inflation). The 
bill would impose additional private-sector mandates on air 
carriers, owners of certain towers in rural areas, and others. 
Primarily because some of the mandates would depend on future 
actions by the FAA and the Transportation Security 
Administration (TSA), CBO cannot determine whether the 
aggregate cost of the mandates on private entities would exceed 
the annual threshold established in UMRA for private-sector 
mandates ($154 million in 2016, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 2658 is shown in Table 1. The costs of 
this legislation fall within budget function 400 
(transportation).

                                                     TABLE 1--ESTIMATED BUDGETARY EFFECT OF S. 2658
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                       -------------------------------------------------------------------------------------------------
                                                          2017     2018     2019    2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level.........................   13,234        0        0      0      0      0      0      0      0      0    13,234     13,234
Estimated Outlays.....................................   10,478    1,814      999    709    510    486    458    400    400    400    14,510     16,654
 
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Estimated Budget Authority............................      397      392      387    393    399    405    405    405    405    405     1,967      3,992
Estimated Outlays.....................................       -3       -8      -13     -7     -1      5      5      5      5      5       -33         -8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate CBO assumes that S. 
2658 will be enacted early in fiscal year 2017 and that 
appropriations will be provided as specified by the bill. 
Estimates of outlays are based on historical spending patterns 
for the FAA and related activities.
    Over the next 10 years, CBO estimates that implementing S. 
2658 would result in discretionary outlays totaling $16.7 
billion, reduce direct spending by $8 million, and increase 
revenues by less than $500,000.

Spending subject to appropriation

    S. 2658 would authorize appropriations for FAA programs and 
related activities totaling $13.2 billion in 2017. (The bill 
also would authorize appropriations totaling $13.1 billion for 
2016; the Congress has already provided funding in amounts that 
equal or exceed authorization levels specified for that year.) 
The bill also would provide contract authority (a mandatory 
form of budget authority) for the ADP; outlays of that contract 
authority are controlled by limits specified in annual 
appropriation acts and are therefore considered discretionary. 
Assuming appropriation of amounts specifically authorized and 
estimated to be necessary (as well as the enactment of 
obligation limitations for ADP that are consistent with levels 
of contract authority under the bill), CBO estimates that 
resulting discretionary outlays would total $16.7 billion over 
the next 10 years (see Table 2).

                                           TABLE 2--CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2658
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, in millions of dollars--
                                                         -----------------------------------------------------------------------------------------------
                                                            2017     2018    2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
FAA Operations
    Authorization Level.................................   10,025        0      0      0      0      0      0      0      0      0    10,025     10,025
    Estimated Outlays...................................    8,922      802    201    100      0      0      0      0      0      0    10,025     10,025
Air Navigation Facilities and Equipment
    Authorization Level.................................    2,862        0      0      0      0      0      0      0      0      0     2,862      2,862
    Estimated Outlays...................................    1,288      658    429    229    114     86     58      0      0      0     2,718      2,862
Airport Improvement Programa
    Authorization Level.................................        0        0      0      0      0      0      0      0      0      0         0          0
    Estimated Outlays...................................       76      244    332    372    396    400    400    400    400    400     1,420      3,420
Research, Engineering and Development
    Authorization Level.................................      169        0      0      0      0      0      0      0      0      0       169        169
    Estimated Outlays...................................       85       57     19      8      0      0      0      0      0      0       169        169
Essential Air Service
    Authorization Level.................................      155        0      0      0      0      0      0      0      0      0       155        155
    Estimated Outlays...................................       93       47     16      0      0      0      0      0      0      0       155        155
Other Activities
    Estimated Authorization Level.......................       23        0      0      0      0      0      0      0      0      0        23         23
    Estimated Outlays...................................       14        6      3      0      0      0      0      0      0      0        23         23
                                                         -----------------------------------------------------------------------------------------------
    Total Changes
        Estimated Authorization Level...................   13,234        0      0      0      0      0      0      0      0      0    13,234     13,234
        Estimated Outlays...............................   10,478    1,814    999    709    510    486    458    400    400    400    14,510     16,654
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: FAA = Federal Aviation Administration; components may not sum to totals because of rounding.
aBudget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from
  that contract authority are subject to limitations on obligations specified in annual appropriation acts and are therefore considered discretionary.

    FAA Operations. S. 2658 would authorize the appropriation 
of $10 billion in 2017 for FAA operations, primarily for 
salaries and expenses related to operating the air traffic 
control system and carrying out regulatory and safety-related 
activities. (Funding for FAA Operations in 2016 totals $9.9 
billion.) Assuming appropriation of the authorized amount, CBO 
estimates that resulting outlays would occur over the next four 
years and total $10 billion.
    Air Navigation Facilities and Equipment. S. 2658 would 
authorize the appropriation of nearly $2.9 billion for programs 
to maintain and modernize infrastructure and systems for 
communication, navigation, and surveillance related to air 
travel. (Funding for those activities in 2016 totals about $2.9 
billion.) Assuming appropriation of the authorized amount, CBO 
estimates that outlays would occur over seven years and total 
$2.9 billion.
    Airport Improvement Program. Through the AIP, the FAA 
provides grants to public-use airports for projects to enhance 
safety and increase airports' capacity for passengers and 
aircraft. Funding for the program is provided as contract 
authority (a mandatory form of budget authority), but outlays 
of contract authority are subject to limits specified in annual 
appropriation acts and are therefore considered discretionary.
    S. 2658 would provide $3.75 billion in contract authority 
for the AIP in 2017. Consistent with provisions of law that 
govern CBO's baseline projections and cost estimates for 
legislation, we estimate that the projected amount of contract 
authority for AIP under the bill would total $37.5 billion over 
the 2017-2026 period, $4 billion more than the amounts 
projected in CBO's baseline. (See the discussion of AIP under 
``Direct Spending,'' below, for more details on the budgetary 
treatment of this program.) Assuming that obligation 
limitations on AIP spending, as set forth in annual 
appropriation acts, are equal to the amounts of contract 
authority projected for each year, CBO estimates that 
incremental increases in outlays (relative to baseline levels) 
would total $3.4 billion over the 2017-2026 period (and $580 
million in later years) bringing total spending for AIP to 
$32.1 billion over the next ten years.
    Research, Engineering and Development. S. 2658 would 
authorize the appropriation of $169 million in 2017 for the 
FAA's research activities aimed at developing technologies to 
enhance the safety, economic competitiveness, and environmental 
performance of aviation-related infrastructure and systems that 
comprise the U.S. national airspace. (Funding for those 
activities in 2016 totals $166 million.) Assuming appropriation 
of the authorized amount, CBO estimates that spending would 
occur over four years and total $169 million.
    Essential Air Service. S. 2658 would authorize the 
appropriation of $155 million in 2017 for the Essential Air 
Service program, through which the Department of Transportation 
(DOT) makes payments to air carriers that provide service to 
certain rural communities. (Funding for such payments in 2016 
totals $175 million.) Assuming appropriation of the specified 
amount, CBO estimates that resulting outlays would occur over 
three years and total $155 million.
    Other Activities. CBO estimates that implementing other 
provisions of S. 2658 would cost $23 million over the 2017-2026 
period, assuming the appropriation of necessary amounts. That 
amount includes:
           $10 million specifically authorized for 
        grants to help small communities enhance air service;
           $6 million specifically authorized for a 
        pilot program to develop technologies to mitigate the 
        risk that unmanned aircraft systems pose to airports 
        and infrastructure related to air navigation;
           $5 million specifically authorized for the 
        FAA to enforce safety-related requirements on operators 
        of unmanned aircraft systems;
           $1.5 million in estimated authorizations for 
        DOT and the Government Accountability Office to 
        complete a variety of administrative activities, 
        studies, and reports; and
           $500,000 specifically authorized for applied 
        research related to advanced materials used in 
        aircraft.
    In addition, the bill would authorize the FAA to collect 
and spend fees charged to offset the administrative costs of 
certain regulatory activities. The FAA already has broad 
general authority to collect and spend fees for a variety of 
such activities, which are credited as offsetting collections 
and spent soon thereafter, resulting in no significant net 
budgetary effect. Based on information from the agency, CBO 
expects that any increase in fees collected and spent under S. 
2658 would be small, and that resulting changes in net federal 
spending would be negligible in any given year.

Direct spending

    S. 2658 would provide contract authority for AIP and modify 
the basis for calculating retirement benefits for certain air 
traffic controllers. CBO estimates that enacting the bill would 
reduce net direct spending by $8 million over the next 10 years 
(see Table 3).

                                             TABLE 3--EFFECTS ON DIRECT SPENDING AND REVENUES UNDER S. 2658
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2017    2018    2019    2020    2021    2022    2023    2024    2025    2026   2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Airport Improvement Programa
    Estimated Budget Authority....................     400     400     400     400     400     400     400     400     400     400     2,000      4,000
    Estimated Outlays.............................       0       0       0       0       0       0       0       0       0       0         0          0
Retirement Benefits for Certain FAA Employees
    Estimated Budget Authority....................      -3      -8     -13      -7      -1       5       5       5       5       5       -33         -8
    Estimated Outlays.............................      -3      -8     -13      -7      -1       5       5       5       5       5       -33         -8
                                                   -----------------------------------------------------------------------------------------------------
    Total Changes
        Estimated Budget Authority................     397     392     387     393     399     405     405     405     405     405     1,967      3,992
        Estimated Outlays.........................      -3      -8     -13      -7      -1       5       5       5       5       5       -33         -8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: FAA = Federal Aviation Administration; components may not sum to totals because of rounding.
aBudget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however outlays from that
  contract authority are subject to limitations on obligations specified in annual appropriation acts and are therefore considered discretionary.

    Airport Improvement Program. S. 2658 would provide contract 
authority for the AIP through fiscal year 2017. The Airport and 
Airway Extension Act of 2016 (Public Law 114-141) provided 
$2.65 billion in AIP contract authority through July 15, 2016--
or $3.35 billion on an annualized basis. Pursuant to provisions 
of law that govern CBO's baseline projections, funding for 
certain expiring programs--such as contract authority for AIP--
is assumed to continue beyond the scheduled expiration date for 
budget projection purposes. Consistent with that practice, 
CBO's baseline incorporates the assumption that AIP contract 
authority over the 2017-2026 period will remain at the 
annualized 2016 level of $3.35 billion per year.
    S. 2658 would provide $3.75 billion in contract authority 
for 2017--$400 million more than the amount currently projected 
for that year. Consistent with CBO's methodology for projecting 
contract authority under proposed legislation, we assume that 
contract authority for AIP would continue to be provided after 
2017 and would remain at $3.75 billion annually.
    Under that assumption, CBO estimates that contract 
authority under S. 2658 would exceed the levels of contract 
authority already projected in the CBO baseline by $4 billion 
over the 2017-2026 period. (Because spending from contract 
authority is controlled by obligation limitations specified in 
annual appropriation acts, outlays of the AIP are considered 
discretionary.)
    Changes in Retirement Benefits for Certain FAA Employees. 
S. 2658 would modify the basis for calculating retirement 
benefits for certain FAA employees. Relative to current law, 
CBO expects that the proposed change would increase benefits 
for some existing retirees and increase benefits (and delay 
retirement) for some future retirees, resulting in an overall 
net reduction in direct spending of $8 million over the 2017-
2026 period.
    Recalculated Retirement Benefits for Certain Existing FAA 
Retirees. Under current law, the Office of Personnel Management 
(OPM) has instructed FAA to recalculate the retirement benefits 
of approximately 185 current annuitants who retired from the 
FAA under MRA+30.\1\ Under the retirement provisions of MRA+30, 
those annuitants received enhanced credit (1.7 percent of 
average salary per year of service) at retirement for certain 
years of supervisory service. According to OPM's current 
interpretation of the relevant statutes, those years of 
supervisory service should have been credited at the standard 
rate (1.0 percent of average salary per year of service) in 
annuity calculations. Based on information from the FAA, CBO 
estimates that the difference between the original annuity 
(using the enhanced rate of 1.7 percent) and the recalculated 
annuity (using the standard rate of 1.0 percent) is about 
$9,000 per year, per person. S. 2658 would reinstate the 
enhanced credit for eligible years of supervisory service, 
returning annuities to their full amounts (previous to OPM's 
instructed recalculation). As a result, CBO estimates that 
enacting that provision would increase direct spending over the 
2017-2026 period by about $17 million.
---------------------------------------------------------------------------
    \1\Under the Federal Employees Retirement System, an MRA+30 
retirement allows for an unreduced annuity once an employee reaches 
minimum retirement age, or MRA, (depending on year of birth, MRA ranges 
from 55 to 57 years of age) and completes 30 years of federal service.
---------------------------------------------------------------------------
    OPM also has stated that they intend to seek recovery of 
any overpayments those 185 annuitants have already received. 
CBO estimates that the total outstanding amount available for 
collection is about $9 million. The process of recovering any 
overpayments is likely to be long and will possibly result in 
collections of less than the full outstanding amount. In 
addition, the FAA plans to pursue options with OPM to forgive 
the debt created by the overpayments. Because of the 
uncertainty surrounding the timing and amount of eventual 
recoveries, CBO assumes that under current law OPM would 
collect about $5 million, or 50 percent of the total. S. 2658 
would provide for the repayment of any such recoveries to the 
affected annuitants, increasing estimated direct spending by 
about that amount over the 2017-2026 period.
    Increased Retirement Benefits for Future FAA Retirees. For 
current air traffic controllers with qualifying supervisory 
experience who choose to retire under the MRA+30 enhanced 
retirement option in the future, S. 2658 would allow them to 
collect the enhanced level of credit (1.7 percent of average 
salary per year of service versus 1.0 percent under current 
law) at retirement for years of service at certain supervisory 
levels. Based on information from the FAA, CBO estimates that, 
as a result of the higher annuity available under the enhanced 
credit provided by S. 2658, about 250 employees (who are 
currently eligible for MRA+30 retirement) would choose to delay 
retirement, by an average of about 3 years, and remain in 
service longer in order to accrue the higher benefit. Because 
of those delayed retirements, CBO estimates that S. 2658 would 
initially reduce direct spending by the amount of annuity 
payments that would have been made under current law. Those 
savings would be partially offset over the 2017-2026 period 
because these employees would eventually receive a higher 
annuity. (After 2026, the costs of the higher annuities would 
more than offset the savings from delayed retirement.) In 
total, CBO estimates that such changes in retirement behavior 
would decrease net direct spending by $29 million over the 
2017-2026 period.
    The FAA has also indicated that under current law OPM's 
reinterpretation of how supervisory service should be accounted 
for in certain annuity calculations could also hasten the 
retirement of a significant number of other air traffic 
controllers who are at or approaching retirement eligibility 
over the next several years. Enacting S. 2658 could delay those 
anticipated departures, which would further reduce direct 
spending, as described above for the MRA+30 retirees. However, 
CBO does not have sufficient information at this time to 
estimate the budgetary impact of those changes.

Revenues

    S. 2658 would establish new civil penalties and modify 
existing ones for various violations of aviation-related laws 
and regulations. As a result, enacting the bill could increase 
revenues from such penalties. Based on information about the 
FAA about the limited number of cases likely to be involved, 
CBO estimates that any increases in revenues under S. 2658 
would not exceed $500,000 in any year.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2658, AS ORDERED REPORTED BY THE SENATE COMMITTEE COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 16, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year, in millions of dollars--
                                                    ----------------------------------------------------------------------------------------------------
                                                      2016   2017   2018    2019    2020   2021   2022   2023   2024   2025   2026  2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go-Impact:
    Changes in Outlays.............................      0     -3     -8      -13     -7     -1      5      5      5      5      5       -33         -8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2027.
    Intergovernmental and private-sector impact: S. 2658 would 
impose intergovernmental and private-sector mandates as defined 
in UMRA. Based on information from the FAA, public airport 
operators, and state aviation agencies, CBO estimates that the 
cost of the mandates on public entities would fall below the 
annual threshold established in UMRA for intergovernmental 
mandates ($77 million in 2016, adjusted annually for 
inflation). Primarily because some of the mandates would depend 
on future actions by FAA and the TSA, CBO cannot determine 
whether the aggregate cost of the mandates on private entities 
would exceed the annual threshold established in UMRA for 
private-sector mandates ($154 million in 2016, adjusted 
annually for inflation).

Mandates that apply to both public and private entities

    The bill would require public and private operators of 
unmanned aircraft systems (UAS) to maintain records of the name 
and contact information for each person on whose behalf the UAS 
has been operated. The bill also would require public and 
private providers of helicopter air ambulance services to 
report additional information to FAA. CBO expects that the cost 
of maintaining records and reporting information would be 
small.

Mandates and other effects on public entities only

    The bill includes a mandate that would affect only state 
and local governments, and it also includes provisions that 
would provide significant benefits to public entities.
    Preemption of State and Local Regulation of UAS. The bill 
would preempt state and local authority to regulate unmanned 
aircraft systems with respect to their design, manufacture, 
registration, and operation, among other areas. Because state 
and local governments would be unable to generate revenue, such 
as permit fees, from regulation in those areas, the bill would 
result in a small amount of foregone revenue for public 
entities. Based on information from the FAA and state aviation 
agencies about the number of UAS operated by public entities 
and the amount of revenue generated from permit fees, CBO 
estimates that the cost of the mandate on public entities would 
fall below the annual threshold established in UMRA for 
intergovernmental mandates ($77 million in 2016, adjusted 
annually for inflation).
    Other Effects on Public Entities. The bill would provide 
benefits to public and private airports by authorizing grants 
for planning, development, noise mitigation, and other 
initiatives. Specifically, the bill would expand from 10 to 15 
the number of states that may participate in the State Block 
Grant Program. Under this program, states assume responsibility 
for administering the Airport Improvement Program (AIP), which 
provides grants to airports classified as ``other than 
primary'' airports--that is, nonprimary commercial service, 
reliever, and general aviation airports. Each state is 
responsible for determining which airports will receive funds 
for improvement projects. This expansion would make more 
federal funds available to help smaller airports. Any costs 
those entities incur to meet grant requirements would result 
from complying with conditions of federal assistance. The bill 
also would provide the FAA with greater flexibility to allow 
airports to charge higher Passenger Facility Charges (PFC 
fees), which fund airport development projects.

Mandates that apply to private entities only

    The bill also contains private-sector mandates on air 
carriers, operators and manufacturers of unmanned aircraft 
systems, and other entities such as owners of certain towers 
located in rural or agricultural areas.

Requirements for air carriers

    The bill would impose several mandates on air carriers. 
Specifically, the bill would require that air carriers:
           Refund baggage fees for delayed baggage and 
        fees for unused services;
           Establish training, rest requirements, and a 
        fatigue risk management plan for flight attendants;
           Disclose information about ancillary fees in 
        a standardized format, provide information about seat 
        selection, and provide phone numbers and links for 
        consumers to make complaints;
           Ensure that medical kits contain supplies 
        for treating children in emergencies, if determined to 
        be appropriate by the FAA;
           Comply with a ban on the transport of bulk 
        shipments of lithium ion batteries on passenger planes; 
        and
           Report more information related to accidents 
        to the FAA.
    On the basis of information from the Department of 
Transportation about revenues from baggage fees and reports of 
mishandled baggage, CBO estimates that the cost of the mandate 
to refund baggage fees for delayed baggage could total about 
$10 million annually. The mandate to refund fees for unused 
services may have similar costs, but CBO has no basis to 
estimate that cost. On the basis of information about existing 
training programs and current industry practices, CBO estimates 
that the cost of most of the other mandates would be small and 
that none would impose significant additional costs on air 
carriers relative to UMRA's threshold.
    The bill also would direct FAA to assess standards for 
flight data recovery and to revise those standards as 
appropriate. The standards would impose a mandate if they were 
revised to establish new requirements for flight data 
recorders. The cost of this mandate would depend on future 
regulations.

Requirements for unmanned aircraft systems

    The bill would impose a mandate on owners and operators of 
unmanned aircraft systems by authorizing FAA to assess fees to 
recover the costs of regulatory and administrative activities 
related to the authorization of unmanned aircraft systems. CBO 
estimates that any increase in fees collected by FAA under the 
bill would be small.
    The bill also would prohibit any person from selling an 
unmanned aircraft system that does not comply with the 
standards on airworthiness to be adopted by FAA. If the FAA 
were to apply those requirements to unmanned aircraft systems 
that may be operated under current law (such as model 
aircraft), sellers of those aircraft would have to comply with 
a new mandate. The cost of the mandate would depend on the 
nature and scope of regulations to be issued by FAA, but could 
be substantial considering that industry sources project sales 
of 100,000 or more such units annually. Additionally, the bill 
would prohibit any person from selling an unmanned aircraft 
system unless a safety statement is attached to the unmanned 
aircraft or is included in its packaging. The bill also would 
establish a test on aeronautical knowledge and safety for 
operators of some unmanned aircraft systems. CBO expects that 
the cost per unit to include a safety statement and the cost 
per operator to complete a test would be small.

Requirements for other entities

    The bill would impose a mandate on owners of certain towers 
(such as meteorological towers) located in rural or 
agricultural areas by requiring those towers to be marked so 
that they are visible to operators of airplanes distributing 
pesticides and other chemicals. The bill would direct the FAA 
to require those towers to be marked in a manner consistent 
with FAA's current voluntary guidance. In addition, some states 
require towers to have markings visible to aircraft. For those 
reasons CBO expects that the cost of the mandate would not be 
substantial relative to UMRA's threshold.
    The bill would exempt air carriers and their employees from 
liability for voluntary disclosures of any suspected illegal 
activities related to human trafficking. That exemption from 
liability constitutes a mandate on private entities as it would 
limit their ability to file a claim against the air carrier or 
its employees for damages in such cases. The cost of the 
mandate would be the forgone net value of settlements and 
damages that would have been awarded. CBO expects few cases 
would be filed and that the cost of the mandate would be small.
    The bill could impose a mandate on aircraft manufacturers 
if the Administrator of the Transportation Safety 
Administration requires a secondary cockpit barrier or other 
equipment on aircraft to be installed. The cost of the mandate 
would depend on future action by TSA, but based on information 
from industry sources, CBO estimates that the cost of 
installing a secondary barrier would total no more than about 
$15 million annually for passenger aircraft delivered in the 
United States.
    The bill also could require owners and operators of general 
aviation aircraft to report additional information to the FAA 
following an accident. CBO expects that the cost of that 
mandate would be small.
    Previous CBO estimates: CBO has completed two other 
estimates for legislation that would reauthorize certain 
activities of the FAA:
           On February 23, 2016, CBO transmitted a cost 
        estimate for H.R. 4489, the FLIGHT R&D Act, as ordered 
        reported by the House Committee on Science, Space, and 
        Technology on February 11, 2016.
           On March 9, 2016, CBO transmitted a cost 
        estimate for H.R. 4441, the Aviation Innovation, 
        Reform, and Reauthorization Act of 2016, as ordered 
        reported by the House Committee on Transportation and 
        Infrastructure on February 11, 2016.
    Differences in our estimates of spending subject to 
appropriation under S. 2658, H.R. 4489 and H.R. 4441 reflect 
differences in the periods of time covered by each bill and the 
scope of activities for which they would authorize 
appropriations.
    Estimate prepared by: Federal Costs: Megan Carroll and 
Amber Marcellino (retirement benefits); Impact on State, Local, 
and Tribal Governments: Jon Sperl; Impact on the Private 
Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2658 would affect a wide range of individuals and 
entities, most of whom are already regulated in one form or 
another, such as airlines, airports, aircraft manufacturers, 
pilots, flight attendants, UAS operators, and public agencies. 
Manufacturers and operators of UAS would be a new group subject 
to aviation safety laws and regulations as a result of this 
bill.

                            economic impact

    S. 2658 would authorize funds for the FAA's programs. These 
programs are intended to sustain and promote aviation safety, 
efficiency, and infrastructure development. Adequate levels of 
safety and efficiency, as well as the promotion of the free 
flow of people and products, are essential to air commerce. 
This legislation would work toward ensuring an environment 
conducive to economic opportunity. Other sections of the bill 
are intended to improve the Nation's airport capacity needs and 
should have a beneficial impact on the economy of the United 
States. Also, sections of the bill reforming the FAA's safety 
certification processes would have a positive impact on 
aerospace manufacturing and U.S. global leadership.
    Provisions of the bill related to UAS would help lay the 
foundation for appropriate regulation of a burgeoning industry 
while ensuring the safety of the national airspace. UAS and the 
innovative ways in which they can be used are likely to have a 
positive impact on the U.S. economy on the order of billions of 
dollars annually when fully realized. The use of UAS in the 
agricultural sector alone could lead to more efficient use of 
water, fertilizer, and pesticides, and better detection of crop 
pests and disease, thereby increasing yields and potentially 
reducing negative environmental impacts.
    Subtitle F of title II of the bill (Pilot's Bill of Rights 
2) would primarily affect the FAA, the National Transportation 
Safety Board (NTSB), Federal courts, and persons already 
subject to FAA regulations, all of which are currently covered 
under relevant laws amended in this bill. Therefore, the number 
of persons covered should be consistent with the current levels 
of persons impacted under the provisions that are addressed in 
the bill.

                                privacy

    S. 2658 would have a beneficial impact on the personal 
privacy of U.S. citizens. As UAS become a more common part of 
the airspace, concerns have arisen with regard to the data that 
may be collected by various UAS operators, including 
businesses, government agencies, and private individuals. The 
bill contains several provisions that would enhance or 
reinforce existing privacy protections at local, State, and 
Federal levels, including the Constitution. Specifically, the 
bill would enhance privacy by directing the development of 
standards to remotely identify UAS (to improve the 
identification of illicit operators), declaring as national 
policy that UAS should be operated in a manner that protects 
personal privacy, encouraging commercial UAS users to adopt 
written privacy policies, and increasing transparency and 
accountability for government and commercial use of UAS.

                               paperwork

    The Committee does not anticipate a major increase in 
paperwork burdens resulting from the passage of this 
legislation. In those areas where the bill does require 
additional paperwork, it is aimed at improving aviation safety, 
protecting personal privacy, or assisting air travel consumers, 
and is otherwise part of the normal duties of the affected 
agencies. The Secretary of Transportation, the FAA, the GAO, 
the DOT IG, the Transportation Research Board, the National 
Telecommunications and Information Administration, NIST, the 
Federal Communications Commission (FCC), the National Oceanic 
and Atmospheric Administration (NOAA), a FAA-established expert 
review panel, and a FAA-established task force would be 
required to prepare a variety of reports and studies for 
Congress. These reports will provide the legislative branch and 
public with critical information, assessments, reviews and 
recommendations that will enhance the ability of the Committee 
to carry out its oversight responsibilities with regard to 
Federal aviation policy and programs.
    The DOT and FAA would be required to issue a number of 
rules to enhance consumer protections or improve safety, and 
there would be associated paperwork for those agencies and any 
members of the public who choose to provide comments.
    In order to ensure the safety of the national airspace 
system, manufacturers of small UAS would encounter paperwork in 
complying with any new consensus industry airworthiness 
standards, as well as providing UAS safety information in 
consumer packaging, which most, if not all, manufacturers 
already do.
    The Pilot's Bill of Rights 2 portion of the bill would not 
significantly increase paperwork requirements for private 
individuals or businesses. It would require the FAA to revise 
rules related to medical certification requirements and 
operational regulations for certain recreational pilots, and 
therefore, the Agency would be required to publish a rulemaking 
in the Federal Register. That section would require the FAA to 
develop a form containing a checklist to be used during 
comprehensive medical examinations of pilots every 4 years. 
Current FAA regulations require medical examinations every 2 
years for pilots over the age of 40, so there would be a 
reduction in paperwork related to pilot medical status due to 
the decreased frequency in medical examinations. That section 
would also require the development of an online medical 
education course and requires pilots to submit a series of 
forms to the FAA upon completion of that course, which would 
replace regular medical examinations. Pilots must also keep 
various records related to the online medical education course 
and comprehensive physical medical examinations, but these are 
not substantially greater than existing paperwork requirements 
related to medical certifications and logbooks. The bill would 
require the FAA to produce a report to Congress on the impact 
of the changes to medical certification requirements. It would 
also require the FAA to promulgate regulations or guidance to 
ensure compliance with new requirements of that section, but 
the extent and nature of such action should not be great 
considering the relatively limited scope of the provision.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title; table of contents.

    This section would provide the short title of this bill as 
the ``Federal Aviation Administration Reauthorization Act of 
2016.'' This section would also provide a table of contents for 
the bill.

Section 2. References to title 49, United States Code.

    This section would provide that, unless otherwise expressly 
provided, the amendments to the law in this bill shall be 
considered to be made to a section or other provision of title 
49, United States Code.

Section 3. Definition of appropriate committees of Congress.

    For this Act, this section would define ``the appropriate 
committees of Congress'' to be the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.

Section 4. Effective date.

    This section would set the effective date of the bill's 
provisions as the date of enactment of the Act, except as 
otherwise expressly provided.

                         Title I--Authorizations


                  Subtitle A - Funding of FAA Programs


Section 1001. Airport planning and development and noise compatibility 
        planning and programs.

    This section would provide funding levels for the AIP for 
FYs 2016 through 2017. In FY 2016, the level would be $3.35 
billion. FY 2017 would see a rise to $3.75 billion, a $400 
million (or 12 percent) increase.

Section 1002. Air navigation facilities and equipment.

    This section would provide authorization of appropriations 
for the FAA Facilities and Equipment account of $2,855,241,025 
for FY 2016 and $2,862,020,524 for FY 2017.

Section 1003. FAA operations.

    This section would provide authorization of appropriations 
for the FAA's operations account of $9,910,009,314 for FY 2016 
and $10,025,361,111 for FY 2017.

Section 1004. FAA research and development.

    This section would provide authorization of appropriations 
for the FAA's research and development account of $166,000,000 
for FY 2016 and $169,000,000 for FY 2017.

Section 1005. Funding for aviation programs.

    This section would extend the formula that determines the 
amount made available from the Trust Fund each year to fund the 
FAA. Trust Fund support for aviation programs would be equal to 
the sum of 90 percent of estimated Trust Fund revenues (taxes 
plus interest) plus the difference between actual revenues and 
the Trust Fund appropriation in the second preceding FY.

Section 1006. Extension of expiring authorities.

    This section would extend the following: AIP discretionary 
grant eligibility for the Marshall Islands, Micronesia, and 
Palau; eligibility of States and local governments for AIP 
grants for compatible land use planning; an annual report by 
the DOT IG on the level and extent of participation in FAA-
funded programs by Disadvantaged and Small Business Enterprise 
concerns; and a pilot program allowing AIP funds to be spent on 
certain airport property redevelopment projects.

         Subtitle B--Airport Improvement Program Modifications


Section 1201. Small airport regulation relief.

    This section would direct the FAA, for FY 2016 and FY 2017, 
to apportion AIP entitlement funds to certain small airports 
based on the number of passenger boardings during calendar year 
2012 if the airport had scheduled air service and meets certain 
requirements.

Section 1202. Priority review of construction projects in cold weather 
        States.

    This section would require the FAA to schedule its review 
of construction projects so that projects in States where the 
weather during a typical calendar year prevents major 
construction projects from being carried out before May 1 are 
reviewed as early as possible.

Section 1203. State block grants updates.

    This section would increase the cap on the number of States 
allowed to participate in the State Block Grant Program from 10 
to 15. Qualifying States that participate in the State Block 
Grant Program assume responsibility for administering AIP 
grants at non-primary commercial service, reliever, and GA 
airports. Each State in the program is responsible for 
determining which locations will receive funds for ongoing 
project administration.

Section 1204. Contract Tower Program updates.

    This section would authorize appropriations for the 
Contract Air Traffic Control Tower Cost-Share Program and 
increase the cap on the Federal share of contract tower 
construction projects. This section would also revise the 
methodology for determining benefit-to-cost ratios for contract 
tower airports. For contract towers at non-cost-share airports, 
there would not be an annual benefit-to-cost ratio unless the 
traffic at the airport decreases by a certain amount. The FAA 
would establish procedures for participants in the Contract 
Tower Program to review and appeal determinations related to a 
benefit-to-cost ratio.

Section 1205. Approval of certain applications for the contract tower 
        program.

    This section would require the FAA to advance pending 
requests for admission into the program from new entrants, as 
well as cost share participants seeking full Federal 
participation based on their eligibility under existing Benefit 
Cost Analysis criteria, if the FAA has not implemented a 
revised cost-benefit methodology for determining eligibility 
for the Contract Tower Program 30 days after the date of 
enactment of this Act. The section would apply to airports for 
which an application has been submitted prior to January 1, 
2016, but that the FAA has not processed in the intervening 
years while the agency has been developing new Benefit Cost 
Analysis criteria.

Section 1206. Remote towers.

    This section would establish a pilot program for the 
construction and operation of remote towers. The FAA would be 
required to clearly define the research agenda for the pilot 
program and airports would have to submit competing proposals 
to the FAA outlining how they would further the FAA's research 
agenda if they are selected to participate in the pilot 
program. In choosing which airports become part of the pilot 
program, the FAA would consider specific factors, and must 
select at least one airport currently in the Contract Tower 
Program and at least one airport that does not currently have 
an air traffic control tower. If the FAA certifies such 
systems, the section would make them AIP eligible.

Section 1207. Midway Island airport.

    This section would extend the authorization for Midway 
Island's airport to receive AIP funds through FY 2017.

Section 1208. Airport road funding.

    This section would allow for the use of airport revenue to 
repair and improve roads on airport property, but only as much 
of the proportional cost of the repairs or improvements that 
would match the proportion of airport-only traffic on that 
road.

Section 1209. Repeal of inherently low-emission airport vehicle pilot 
        program.

    This section would repeal the Inherently Low-Emission 
Airport Vehicle Pilot Program because the pilot program has 
been successfully completed.

Section 1210. Modification of zero-emission airport vehicles and 
        infrastructure pilot program.

    This section would modify the Zero-Emission Airport 
Vehicles and Infrastructure Pilot Program to be used 
exclusively for transporting passengers on-airport or for 
employee shuttle buses within the airport. By limiting the 
program to on-airport passenger and employee transport 
vehicles, this section would follow existing statutory 
guidance, which allows terminal projects for the movement of 
passengers and baggage in air commerce.

Section 1211. Repeal of airport ground support equipment emissions 
        retrofit pilot program.

    This section would repeal the Airport Ground Support 
Equipment Emissions Retrofit Pilot Program because it has been 
successfully completed.

Section 1212. Funding eligibility for airport energy efficiency 
        assessments.

    This section would revise the statutory mandate that the 
FAA establish a program to encourage public-use airports to 
assess their energy requirements and which allows the FAA to 
make grants to airports that have completed the assessment to 
acquire or construct equipment that will increase the airport's 
energy efficiency. This section would make a revision requiring 
the FAA to reimburse airport sponsors for the costs they incur 
in conducting this assessment. Additionally, in applying for 
the equipment grants, airports would now certify that no safety 
projects would be deferred by prioritizing one of these grants.

Section 1213. Recycling plans; safety projects at unclassified 
        airports.

    This section would make a technical correction to clarify 
that airports preparing a master plan project must include 
recycling plans in that project. The section would also clarify 
the eligibility of certain projects for AIP funding at low-
activity airports that are currently in the ``unclassified'' 
category.

Section 1214. Transfers of instrument landing systems.

    This section would allow an airport to transfer to the FAA 
an instrument landing system consisting of a glide slope and 
localizer that conforms to performance specifications of the 
FAA if specific criteria are met. In order to be eligible, the 
system must have been purchased with the assistance of an AIP 
grant and the FAA must have determined that a satellite 
navigation system cannot provide a suitable approach at the 
airport.

Section 1215. Non-movement area surveillance pilot program.

    This section would allow the FAA to carry out a pilot 
program to support the non-Federal acquisition and installation 
of qualifying non-movement area surveillance systems and 
sensors if certain factors are met. Non-movement area is 
defined as the areas that are not under tower control. 
Installation of non-movement area surveillance allows 
uninterrupted tracking of aircraft from gate to gate, with the 
expectation that safety would be enhanced by having 
comprehensive data available of all aircraft movement on the 
airfield. This would provide an additional benefit to the 
airports because they will be able to track snow removal 
vehicles or other vehicles that are in the non-movement area.

Section 1216. Amendments to definitions.

    This section would provide clarification and technical 
adjustments to specific statutory definitions related to 
aviation.

Section 1217. Clarification of noise exposure map updates.

    This section would clarify an existing statutory provision 
that deals with the submission of noise exposure maps from 
airport operators to the FAA. The Vision 100--Century of 
Aviation Reauthorization Act (P. L. 108-176) required the FAA 
to ``make noise exposure and land use information from noise 
exposure maps [prepared under Part 150 of title 14, Code of 
Federal Regulations] available to the public via the Internet 
on its website in an appropriate format.'' This section would 
clarify when airports must supply certain revisions to the FAA.

Section 1218. Provision of facilities.

    This section would detail how the FAA may not require 
airport owners or sponsors to provide the FAA, without cost, 
any equipment or space for services related to air traffic 
control, air navigation, or weather reporting.

Section 1219. Contract weather observers.

    This section would mandate that the FAA issue a report 
outlining the safety risks, hazard effects, and operational 
effects that could result from the loss of the Contract Weather 
Observer service at airports with this service that are 
currently under review by the FAA. The FAA oversees 136 
airports that utilize contract weather observers. In 2015, the 
FAA developed a plan to transition the duties of up to 57 
Contract Weather Observer locations to Limited Aviation Weather 
Reporting Systems (LAWRS) Controllers. Under this provision, 
the FAA would be prohibited from finalizing determinations 
under this plan until this report is issued. This section would 
also require NOAA and the FAA to issue a report on NOAA's 
Golden Triangle Initiative.

Section 1220. Federal share adjustment.

    This section would adjust the Federal share of certain AIP 
projects. In order to be eligible for this increase, the FAA 
must determine that the project is a successive phase of a 
multi-phased construction project for which the sponsor 
received a grant in FY 2011 or earlier.

Section 1221. Miscellaneous technical amendments.

    This section would provide miscellaneous technical 
amendments to current law to ensure clarity in statutory 
aviation provisions.

Section 1222. Mothers' rooms at airports.

    This section would allow the DOT to approve project grants 
for projects at medium or large hub airports to maintain a 
lactation area in each passenger terminal building of the 
airport within the secured area of the airport terminal. 
Additionally, this section would allow the DOT to approve 
projects for terminal development for the construction or 
installation of a lactation area at a commercial service 
airport.

Section 1223. Eligibility for airport development grants of airports 
        that enter into certain leases with components of the Armed 
        Forces.

    This section would forbid the DOT from disapproving an AIP 
project grant 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.

Section 1224. Clarification of definition of aviation-related activity 
        for hangar use purposes of airport improvement grants.

    This section would clarify that the construction of a 
covered aircraft shall be treated as an aeronautical activity 
for purposes of determining an airport's compliance with a 
grant assurance or for the receipt of Federal financial 
assistance for airport development. Additionally, this section 
would define the term ``covered aircraft'' as an aircraft used 
or intended to be used exclusively for recreational purposes 
and constructed by a private individual at a GA airport, for 
the purposes of this section.

Section 1225. Use of airport improvement program funds for runway 
        safety repairs.

    This section would allow DOT to approve the use of AIP 
funds at certain airports to repair the runway safety area of 
such airports damaged as a result of a natural disaster in 
order to maintain compliance with FAA regulations, if certain 
conditions are met.

                 Subtitle C--Passenger Facility Charges


Section 1301. PFC streamlining.

    This section would expand the current pilot program for 
passenger facility charge (PFC) authorizations at certain non-
hub airports to include small, medium, and large hub airports.

Section 1302. Intermodal access projects.

    This section would allow the FAA to approve the use of PFCs 
to finance eligible capital costs of an intermodal ground 
access project. Intermodal ground access projects would include 
projects for constructing a local facility owned or operated by 
an eligible agency that is located on airport property and is 
directly and substantially related to the movement of 
passengers or property traveling in air transportation.

Section 1303. Use of revenue at a previously associated airport.

    This section would allow the FAA to authorize a PFC to 
finance eligible airport related projects if the eligible 
airport meets certain requirements related to previous 
association and project agreements.

Section 1304. Future aviation infrastructure and financing study.

    This section would require the DOT to engage the 
Transportation Research Board to conduct a study and make 
recommendations on actions needed to upgrade and restore the 
national aviation infrastructure system, including airport 
infrastructure needs to meet growing demand and existing 
financial resources for commercial service airports.

                            Title II--Safety


              Subtitle A--Unmanned Aircraft Systems Reform


Section 2001. Definitions.

    This section would define certain terms used in this 
subtitle.

                     Part I-Privacy and transparency


Section 2101. Unmanned aircraft systems privacy policy.

    This section would state that it is the policy of the 
United States that the operation of any UAS shall be carried 
out in a manner that respects and protects personal privacy 
consistent with Federal, State, and local law.

Section 2102. Sense of Congress.

    This section would express the sense of Congress that 
commercial users of UAS, except news gathering entities, should 
have a written privacy policy regarding the collection, use, 
retention, and dissemination of any data collected during the 
operation of a UAS.

Section 2103. Federal Trade Commission authority.

    This section would make explicit the authority of the 
Federal Trade Commission (FTC) to enforce violations of the 
privacy policies of commercial operators.
    The Committee is mindful that a robust privacy protection 
and enforcement framework already exists. The Committee seeks 
to avoid regulation and requirements duplicative of those 
currently enforced by State and Federal agencies. Therefore, 
this section is intended to restate existing law and is not 
intended to expand the FTC's jurisdiction. The FTC shall 
enforce this provision with the same jurisdiction, powers, and 
duties as though applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act.

Section 2104. National Telecommunications and Information 
        Administration multi-stakeholder process.

    This section would require the National Telecommunications 
and Information Administration to report to Congress no later 
than July 31, 2016, on the ongoing multi-stakeholder process 
related to privacy best practices and UAS use. This report 
would include legislative and regulatory policy 
recommendations.

Section 2105. Identification standards.

    This section would direct the NIST, in collaboration with 
the FAA and others, to convene industry stakeholders to 
facilitate the development of consensus standards for remote 
identification of UAS and report to Congress. Not later than 1 
year after the report has been submitted, the FAA would issue 
regulatory guidance implementing these standards.

Section 2106. Commercial and governmental operators.

    This section would require the FAA to make available to the 
public, through a database, information regarding government 
and commercial operators authorized to operate UAS in the 
national airspace. In addition, this section would require that 
the database include information about the collection, 
retention, use of and access to personally identifiable 
information, if applicable. This section would also require 
public aircraft operators to disclose additional information 
about the location, timing, and purpose of flight as well as 
technical capabilities of the aircraft flown.

Section 2107. Analysis of current remedies under Federal, State, local 
        jurisdictions.

    This section would direct a GAO study on current legal 
remedies at the Federal, State, and local level that exist to 
address concerns associated with UAS operations, and identify 
any remaining gaps for further consideration by Congress.

                   Part II--Unmanned Aircraft Systems


Section 2121. Definitions.

    This section would codify definitions related to UAS.

Section 2122. Utilization of unmanned aircraft system test sites.

    This section would reauthorize and enhance the utilization 
of the existing six UAS test sites until September 30, 2017. 
This section would update the FAA's authority with respect to 
the test sites, first authorized in 2012, by more clearly 
directing research priorities, improving coordination with the 
FAA, and enhancing protections for proprietary information to 
encourage more fruitful engagement with the private sector. 
This section would also expand opportunities for any public 
entity authorized by the FAA as a UAS flight test center before 
January 1, 2009.

Section 2123. Additional research, development, and testing.

    This section would require the FAA to work jointly with the 
UAS Executive Committee (including representatives from other 
relevant departments and agencies) to develop a research plan 
on the broad range of technical, procedural, and policy issues 
related to UAS integration.
    This section would also provide the FAA the authority to 
use other transaction authority and enter into collaborative 
research and development agreements as a mechanism to direct 
research related to UAS, including at any UAS test site.

Section 2124. Safety standards.

    This section would direct NIST and the FAA, in consultation 
with other stakeholders, to develop risk-based, consensus 
industry standards on UAS aircraft safety. The FAA would also 
be required to establish a process for the airworthiness 
approval of small UAS based on the consensus standards, in lieu 
of the more cumbersome certification process used for the 
approval of other aircraft. These standards, developed and 
approved in collaboration with the FAA, would ultimately 
improve safety by prescribing which safety technologies and 
other capabilities would be built into unmanned aircraft 
systems sold in the United States.

Section 2125. Unmanned aircraft systems in the Arctic.

    This section would codify a provision enacted in section of 
331 the FMRA (49 U.S.C. 40101 note) governing UAS operations in 
the Arctic.

Section 2126. Special authority for certain unmanned aircraft systems.

    This section would reauthorize and expand exemption 
authority, presently known as ``section 333 exemptions,'' for 
the FAA to authorize certain safe UAS operations in the 
national airspace system. This section would also make explicit 
the authority for the FAA to approve nighttime and beyond-line-
of-sight operations. As provided under section 2156 of this 
bill, UAS operations authorized under ``section 333 
exemptions'' prior to enactment of this bill would not be 
affected, and would remain authorized in accordance with their 
terms, notwithstanding the repeal and replacement of section 
333 of the FMRA (49 U.S.C. 40101 note) by this section.

Section 2127. Additional rulemaking authority.

    This section would direct further risk-based UAS 
integration regulatory efforts after completion of the ongoing 
small UAS rule, including a new rulemaking related to micro UAS 
(4.4 lbs. or less), and the FAA would be expected to take into 
consideration advancements in beyond-line-of-sight and other 
technologies for safe integration of UAS.

Section 2128. Governmental unmanned aircraft systems.

    This section would codify existing authority to authorize 
public (i.e., governmental) aircraft operations and would 
require Federal agencies to maintain a data minimization policy 
for data collected by UAS to protect privacy, civil rights, and 
civil liberties. This section would codify requirements for 
agencies to develop policies intended to ensure that agencies 
only collect data for authorized purposes and appropriately 
limit the retention and dissemination of such data.

Section 2129. Special rules for model aircraft.

    This section would codify and amend the definition of 
``model aircraft,'' which are excluded from certain FAA rules. 
Under the amended law, the Administrator of the FAA would be 
able to review operational parameters and modify, in 
collaboration with relevant stakeholders, as necessary to 
improve safety.

Section 2130. Unmanned aircraft systems aeronautical knowledge and 
        safety.

    This section would establish a requirement for the 
development and implementation of an aeronautical knowledge and 
safety exam. The FAA would be able to waive the exam 
requirement for operators of aircraft weighing less than 0.55 
pounds or for UAS operators under the age of 13 who are under 
the supervision of an adult. To maintain safety in the national 
airspace, this section would also require that all UAS users 
demonstrate completion of this aeronautical knowledge test.

Section 2131. Safety statements.

    This section would require UAS manufacturers to provide 
safety information in UAS product packaging. These statements 
would include information on laws and regulations applicable to 
UAS as well as UAS safety best practices.

Section 2132. Treatment of unmanned aircraft operating underground.

    This section would make explicit that UAS operations 
underground are not subject to FAA regulation. This is 
consistent with existing regulations.

Section 2133. Enforcement.

    This section would require the FAA to establish a program 
to utilize available technologies for the remote detection and 
identification of UAS in order to significantly enhance the 
ability of the FAA and other Federal agencies to pursue 
appropriate enforcement actions against UAS operators who 
violate applicable laws and regulations.

Section 2134. Aviation emergency safety public services disruption.

    This section would prohibit UAS users from interfering with 
emergency response activities and would raise civil penalties 
to not more than $20,000 for those found in violation.

Section 2135. Pilot project for airport safety and airspace hazard 
        mitigation.

    This section would establish a pilot project for UAS hazard 
mitigation at public use airports and for critical 
infrastructure.

Section 2136. Contribution to financing of regulatory functions.

    This section would authorize the FAA to assess and collect 
regulatory and administrative fees to recover the costs of 
these activities from commercial operators, subject to a 
rulemaking. As part of that rulemaking, the FAA would need to 
ensure such fees would be cost-based relative to the regulatory 
activity, and would not be discriminatory or deter compliance.

Section 2137. Sense of Congress regarding small UAS rulemaking.

    This section would express the sense of the Senate that the 
small UAS rulemaking should be completed expeditiously.

Section 2138. Unmanned aircraft system traffic management.

    This section would authorize the FAA, in coordination with 
NASA, to develop a research plan and implement a pilot program 
for UAS traffic management (UTM). After completion of the pilot 
program, the FAA in coordination with NASA and in consultation 
with other relevant Federal agencies would be directed to 
develop a comprehensive plan for deployment of UTM in the NAS.

Section 2139. Emergency exemption process.

    This section would require the FAA to set forth an 
exemption process for public and civil operators to utilize for 
special authorization in emergency response efforts.
    The Committee recognizes both the importance of rapid 
response to emergency situations, with all useful assets at the 
responders' disposal, including UAS, and the need to maintain 
the safety of all aircraft operating in the national airspace 
system. It is the belief of the Committee that an emergency 
exemption process for UAS can effectively address both of these 
critical concerns. The Committee also believes that rapid 
response to a broad range of emergency situations is in the 
interest of the public and expects that the emergency exemption 
process shall not require the formal declaration (Federal, 
State, or local) of an emergency or disaster.
    For the emergency exemption process to be useful, it must 
be truly expeditious while still being effective at maintaining 
safety. Accordingly, the Committee anticipates that the process 
could include FAA review of certain elements in advance of an 
emergency, such as evaluation of the operator and aircraft. 
This would enable the FAA to focus on location and operation 
specific review at the outset of the emergency situation.
    The Committee further recognizes that emergency response 
situations, by their nature, demand and justify actions and the 
use of tools that present levels of risk beyond that which 
would be reasonable in the absence of the emergency. 
Accordingly, the scope of operations that would be permitted 
under the emergency exemption process should necessarily be 
more expansive than those which would be permitted under non-
emergency approval processes.

Section 2140. Public UAS Operations by tribal governments.

    This section would amend the definition of ``public 
aircraft'' to include UAS that are owned and operated or leased 
by an Indian tribal government.

Section 2141. Carriage of property by small unmanned aircraft systems 
        for compensation or hire.

    This section would require the DOT to issue a final rule 
authorizing the carriage of property by operators of small UAS 
for compensation or hire within the United States not later 
than 2 years after the date of enactment. This section would 
also require the creation of a small UAS air carrier 
certificate for persons that directly undertake the operation 
of small UAS to carry property in air transportation and the 
development of a classification system for persons issued small 
UAS air carrier certificates. It is believed that the logical 
first step is to identify the ways that this type of 
certificate would differ from the existing air carrier 
certificate. In the certification process, though, it is 
expected that the safety of the NAS and the public are 
considered foremost.

Section 2142. Collegiate Training Initiative program for unmanned 
        aircraft systems.

    This section would require the FAA to establish a 
Collegiate Training Initiative program to help prepare college 
students for careers involving UAS.

               Part III - Transition and savings provision


Section 2151. Senior advisor for unmanned aircraft systems integration.

    This section would authorize a specific leadership position 
for the UAS integration office, consistent with current 
practice.

Section 2152. Effect on other laws.

    This section would affirm a Federal preemption for State 
and local laws relating to the design, manufacture, testing, 
licensing, registration, certification, operation, or 
maintenance of a UAS, including airspace, altitude, flight 
paths, equipment or technology requirements, purpose of 
operations, and pilot, operator, and observer qualifications, 
training, and certification. Laws of general applicability, 
including those relating to nuisance, voyeurism, harassment, 
reckless endangerment, wrongful death, personal injury, 
property damage, or other illegal acts arising from the use of 
UAS, would not be preempted if they are not specifically 
related to the use of a UAS. However, this section does not 
preempt State or Federal common law and explicitly preserves 
all causes of action for personal injury, wrongful death, 
property damage or other injury based on negligence or any 
other theory of liability.

Section 2153. Spectrum.

    This section would allow UAS, if permitted by and under the 
rules of the FCC, to operate with wireless control and 
communication, including on licensed spectrum with consent of 
the licensee. The section also would require an interagency 
report that addresses possible UAS use of aviation spectrum and 
operational barriers.

Section 2154. Applications for designation.

    This section would establish a process for the FAA to 
designate areas where UAS operations would be restricted or 
limited, including critical infrastructure, oil refineries, 
chemical facilities, amusement parks, and other locations that 
may benefit from such restrictions.
    The Committee recognizes the important safety benefits that 
will be achieved by creating a convenient mechanism whereby 
owners or operators of certain fixed infrastructure can 
petition the FAA to prohibit or otherwise limit the operation 
of aircraft over or near such facilities. At the same time, the 
Committee recognizes that aircraft can be an important tool 
employed by the owners and operators of fixed infrastructure 
assets for inspections, maintenance, security, and other 
purposes and that the owners and operators of such assets have 
a vested interest in the safety and protection of their 
facilities. Accordingly, the Applications for Designation 
process required to be established by this section is intended 
to be one whereby the operation of aircraft by third-parties 
(i.e., non-owners/operators), but not the owners/operators or 
their agents, would be prohibited or limited.
    In addition, the Committee understands that certain 
infrastructure that could become the subject of an Application 
for Designation may be ``sensitive'' in nature. It is the 
intent of the Committee, therefore, that the information to be 
made publicly available in connection with any designation 
shall be the minimum information necessary to give the public 
notice of the existence and boundaries of the designation.

Section 2155. Use of unmanned aircraft systems at institutions of 
        higher education.

    This section would streamline the approval process for the 
safe operation of UAS at institutions of higher education in an 
academic setting.

Section 2156. Transition language.

    This section would address technical legal issues 
associated with the codification of UAS-related provisions from 
the 2012 FAA reauthorization bill.

               Subtitle B--FAA Safety Certification Reform


                       Part I--General provisions


Section 2211. Definitions.

    This section would set forth definitions applicable to this 
subtitle.

Section 2212. Safety oversight and certification advisory committee.

    This section would establish the Safety Oversight and 
Certification Advisory Committee (SOCAC), comprised of industry 
stakeholders and the FAA. The SOCAC would be responsible for 
providing advice to the Secretary of Transportation on policy-
level issues related to FAA safety oversight and certification 
programs and activities, and recommending consensus national 
goals, strategic objectives and priorities to achieve the most 
efficient, streamlined, and cost-effective safety oversight and 
certification processes.

                 Part II--Aircraft Certification Reform


Section 2221. Aircraft certification performance objectives and 
        metrics.

    This section would direct the FAA, in collaboration with 
the SOCAC, to establish performance objectives and to apply and 
track performance metrics for both the FAA and the aviation 
industry related to aircraft certification. The performance 
objective for aircraft certification would ensure that progress 
is being made in eliminating delays, increasing accountability, 
and achieving full utilization of delegation authority while 
maintaining leadership of the United States in international 
aviation.

Section 2222. Organization designation authorizations.

    This section would amend existing law by requiring that, 
when overseeing an Organization Designation Authorization (ODA) 
holder, the FAA must require a procedures manual that addresses 
all procedures and limitations regarding the ODA's functions 
and ensure that such functions are delegated fully to the ODA, 
unless the FAA determines there is a safety or public interest 
reason not to delegate functions. This section would also 
establish a centralized ODA policy office within the FAA's 
Office of Aviation Safety to oversee and ensure the consistency 
of audit functions under the ODA program across the FAA.

Section 2223. ODA review.

    This section would establish a multi disciplinary expert 
review panel consisting of members appointed by the FAA to 
conduct both a survey of ODA holders and applicants and an 
assessment of the FAA's processes and procedures to obtain 
feedback on the FAA's efforts involving the ODA program and 
make recommendations to improve the FAA's ODA-related 
activities. Within 6 months of the panel convening, the panel 
would submit a report to the FAA and appropriate committees of 
Congress on the assessment and recommendations.

Section 2224. Type certification resolution process.

    This section would amend existing law by requiring the FAA 
to establish a type certification resolution process, in which 
the certificate applicant and the FAA would establish for each 
project specific certification milestones and timeframes for 
those milestones. If the milestones are not met within the 
specific timeframe, the relevant milestone(s) would be 
automatically escalated to the appropriate management levels of 
both the applicant and the FAA and be resolved within a 
specific period of time.

Section 2225. Safety enhancing technologies for small general aviation 
        airplanes.

    This section would require, within 180 days, the FAA to 
establish and begin implementation of a risk-based policy that 
expedites the installation of safety enhancing technologies for 
small GA aircraft, and establish a more streamlined process so 
that the safety benefits of such technologies for small GA 
aircraft can be realized.

Section 2226. Streamlining certification of small general aviation 
        airplanes.

    This section would require the FAA to issue a final rule 
required by section 3 of the Small Airplane Revitalization Act 
of 2013 (49 U.S.C. 44704 note) by December 31, 2016.

                    Part III--Flight standards reform


Section 2231. Flight standards performance objectives and metrics.

    This section would direct the FAA, in collaboration with 
the SOCAC established in section 2212, to establish performance 
objectives and to apply and track metrics for both the FAA and 
aviation industry relating to flight standards activities.

Section 2232. FAA task force on flight standards reform.

    This section would direct the FAA to establish an FAA Task 
Force on Flight Standards Reform (Task Force). The Task Force 
would be composed of 20 industry experts and stakeholders, and 
be responsible for identifying best practices and providing 
recommendations for simplifying and streamlining flight 
standards processes for training opportunities for aviation 
safety inspectors, and for achieving consistency in FAA 
regulatory interpretations and oversight.

Section 2233. Centralized safety guidance database.

    This section would direct the FAA to establish a 
centralized safety guidance database that would include all 
regulatory guidance documents of the FAA Office of Aviation 
Safety.

Section 2234. Regulatory Consistency Communications Board.

    This section would require the FAA, within 6 months of 
enactment, to establish a Regulatory Consistency Communications 
Board that would be composed of FAA representatives from the 
Flight Standards Service, Aircraft Certification Service, and 
the Office of the Chief Counsel in consultation with the FAA, 
labor organizations, and aviation stakeholders. The Board would 
be responsible for recommending a process by which FAA 
personnel and regulated entities may submit regulatory 
interpretation questions without fear of retaliation from the 
agency. The SOCAC would recommend performance objectives and 
performance metrics for both the FAA and the aviation industry 
to track the progress of actions of the Board.

Section 2235. Flight standards service realignment feasibility report.

    This section would require the FAA, in consultation with 
the relevant industry stakeholders, to determine the 
feasibility of realigning flight standards service regional 
field offices into specialized areas of aviation safety 
oversight and technical expertise.

Section 2236. Additional certification resources.

    This section would allow the FAA to enter into a 
reimbursable agreement with an applicant or certificate holder 
for reasonable travel expenses that are associated with 
expediting the acceptance or validation by a foreign authority 
of an FAA certificate or design approval.

                        Part IV--Safety workforce


Section 2241. Safety workforce training strategy.

    This section would direct the FAA to review and revise its 
safety workforce training. The review and revision would 
include fostering an inspector and engineer workforce with the 
necessary skills and training, allowing employees participating 
in organization management teams or ODA program audits to 
complete appropriate training, and seeking knowledge-sharing 
opportunities between the FAA and aviation industry.

Section 2242. Workforce study.

    This section would direct the GAO to conduct a study to 
assess the workforce and training needs of the FAA's Office of 
Aviation Safety. This study would look at current hiring and 
training requirements for inspectors and engineers, and analyze 
knowledge sharing opportunities between the FAA and the 
aviation industry to improve the safety of the regulatory 
system.

                     Part V--International aviation


Section 2251. Promotion of United States aerospace standards, products, 
        and services abroad.

    This section would amend existing law by directing the FAA 
to take appropriate actions to promote U.S. aerospace standards 
abroad, defend approvals of U.S. aerospace products and 
services abroad, and utilize bilateral safety agreements to 
improve validation of U.S. certified products.

Section 2252. Bilateral exchanges of safety oversight responsibilities.

    This section would amend existing law by giving the FAA the 
ability to accept an airworthiness directive issued by the 
aeronautical authority of a foreign country and leverage the 
country's regulatory process, if that process fits within 
defined parameters.

Section 2253. FAA leadership abroad.

    This section would direct the FAA to promote U.S. aerospace 
safety standards abroad and to work with foreign governments to 
facilitate the acceptance of FAA approvals and standards 
internationally. The FAA would be directed to further assist 
American companies who have experienced significantly long 
foreign validation wait times, and to work with foreign 
governments to improve the timeliness of their acceptance of 
FAA validations and approvals. The FAA would also be required 
to track the amount of time it takes foreign authorities to 
validate U.S. type certificated aeronautical products and 
establish benchmarks and metrics to reduce the validation 
times. This would require the FAA to submit a report after 1 
year describing the FAA's strategic plan for international 
agreement, including recommendations if appropriate.

Section 2254. Registration, certification, and related fees.

    This section would amend existing law by allowing the FAA 
to establish and collect a fee from a foreign government or 
entity for certification services if the fee is consistent with 
aviation safety agreements and does not exceed the cost of the 
services.

          Subtitle C--Airline Passenger Safety and Protections


Section 2301. Pilot records database deadline.

    This section would require the FAA to establish and make 
available a pilots records database by April 30, 2017. During 
the investigation of the 2009 Colgan Air crash in New York, the 
NTSB noted that the carrier was unaware of the captain's 
previous flight check failures because they were not included 
in the standard pilot record review process. As a result, the 
Airline Safety and FAA Extension Act of 2010 (P. L. 111-216) 
mandated that the FAA create a pilot records database to ensure 
FAA and air carrier pilot records are retained for the life of 
the pilot and that air carriers review those records when 
making hiring decisions.

Section 2302. Access to air carrier flight decks.

    This section would require the FAA to 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. The Germanwings tragedy 
highlighted the fact that some countries do not require, as the 
United States does, two authorized persons to be on the flight 
deck of a large passenger aircraft at all times during a 
flight.

Section 2303. Aircraft tracking and flight data.

    This section would require the FAA to assess the current 
standards for near-term and long-term aircraft tracking and 
flight data recovery and to conduct a rulemaking to improve 
such standards, if necessary. In revising these performance 
standards, the FAA may consider various methods for improving 
detection and retrieval of flight data, including low frequency 
and extended battery life for underwater locating devices, 
automatic deployable flight recorders, satellite-based 
solutions, distress-mode tracking, and protections against 
disabling flight recorder systems. The FAA is also instructed 
to coordinate with international regulatory authorities and the 
International Civil Aviation Organization (ICAO) in an effort 
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.

Section 2304. Automation reliance improvements.

    This section would require the FAA to 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. As part of reviewing 
and updating this guidance, the FAA would be required to 
consider certain factors and convene an expert panel to assist 
in updating the guidance. This section would also require the 
DOT IG to review the air carriers' implementation of the 
guidance and the ongoing work of the expert panel.

Section 2305. Enhanced mental health screening for pilots.

    This section would require the FAA to implement additional 
screening for mental health conditions as part of a 
comprehensive medical certification process for pilots with a 
first or second class medical certificate. Additionally, the 
FAA would be required to assess treatment that would address 
any risk associated with such mental health conditions.

Section 2306. Flight attendant duty period limitations and rest 
        requirements.

    This section would require the FAA to conduct a rulemaking 
to increase the scheduled rest period for flight attendants 
from 9 to 10 hours, with reasonable flexibility to be 
considered as part of the rulemaking on the minimum hours. 
Airlines would be required to develop fatigue risk management 
plans for flight attendants.

Section 2307. Training to combat human trafficking for certain air 
        carrier employees.

    This section would revise the training requirements that 
air carriers must provide to their flight attendants by adding 
a requirement that flight attendants must be trained in 
identifying and reporting to appropriate governmental personnel 
or a law enforcement officer regarding a potential victim or 
incidence of human trafficking.

Section 2308. Report on obsolete test equipment.

    This section would require the FAA to submit a report to 
Congress on the National Test Equipment Program. This report 
would contain a list of all known outstanding requests for test 
equipment and the FAA's recommendations for increasing multi-
functionality in future test equipment to be developed.

Section 2309. Plan for systems to provide direct warnings of potential 
        runway incursions.

    This section would require the FAA to assess available 
technologies to determine where it is feasible, cost-effective, 
and appropriate to install and deploy systems to provide a 
direct warning capability to flight crews and air traffic 
controllers of potential runways incursions at an airport and 
to report to Congress on the results of the assessment, once 
completed. The assessment would be required to consider 
relevant NTSB findings and aviation stakeholder views.

Section 2310. Laser pointer incidents.

    This section would require the FAA, in coordination with 
the Federal Bureau of Investigation (FBI), to begin providing 
quarterly updates to Congress regarding the number of incidents 
involving the beam from a laser pointer being aimed at, or in 
the flight path of, an aircraft, the number of civil or 
criminal enforcement actions taken by the FAA or the FBI with 
regard to these incidents, the resolution of any incidents that 
did not result in an enforcement or criminal action, and any 
action the FAA or the FBI have taken on their own or in 
conjunction with other Federal agencies.

Section 2311. Helicopter air ambulance operations data and reports.

    This section would require the FAA, in collaboration with 
helicopter air ambulance industry stakeholders, to assess the 
availability of information related to the location of 
heliports and helipads used by helicopters providing air 
ambulance services. Based on the assessment, the FAA would, as 
appropriate or necessary, update forms related to heliports and 
helipads and develop a new database related to such helicopter 
landing areas for air ambulance services. This section would 
also make various changes to safety data that operators of 
helicopter air ambulance services must provide to the FAA for 
more risk-based, data driven safety oversight.

Section 2312. Part 135 accident and incident data.

    This section would require the FAA to determine, in 
collaboration with the NTSB and Part 135 industry stakeholders, 
what, if any, additional data should be reported as part of an 
accident or incident notice. The FAA would then submit a report 
to Congress on its findings in an effort 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 GA issues for more risk-based, data 
driven safety oversight.

Section 2313. Definition of human factors.

    This section would create a statutory definition of ``human 
factors'' to ensure consistent use of the term by the FAA.

Section 2314. Sense of Congress; pilot in command authority.

    This section would express 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.

Section 2315. Enhancing ASIAS.

    This section would direct the FAA to work with relevant 
aviation industry stakeholders to assess what, if any, 
improvements are needed to develop the predictive capability of 
the Aviation Safety Innovation Analysis and Sharing (ASIAS) 
system with regard to identifying precursors to accidents. The 
FAA would be required to report to Congress on the assessment.

Section 2316. Improving runway safety.

    This section would require the FAA to expedite the 
development of metrics to allow the FAA to determine whether 
runway incursions are increasing and to assess the 
effectiveness of implemented runway safety initiatives. The FAA 
would also be required to submit a report to Congress 
describing the progress being made in developing these metrics 
not later than 1 year after the date of enactment of this Act.

Section 2317. Safe air transportation of lithium cells and batteries.

    This section would require the FAA to update its rules to 
implement the revised standards issued by ICAO on February 22, 
2016, prohibiting the bulk air transport of lithium ion 
batteries on passenger aircraft and cargo shipment of lithium 
batteries with an internal charge above 30 percent. The DOT 
would be encouraged to work with ICAO, pilots, and industry 
stakeholders to facilitate continued shipments of medical 
device batteries consistent with high standards of safety. The 
DOT would be allowed to review existing rules regarding the air 
transportation, including passenger-carrying and cargo 
aircraft, of lithium batteries and cells.
    This section would also establish a lithium battery safety 
working group to research additional ways to decrease the risk 
of fires and explosions from lithium batteries and cells during 
bulk air transport; additional ways to ensure uniform 
transportation requirements for both bulk and individual 
batteries; and new or existing technologies and practices that 
could reduce the fire and explosion risk of lithium batteries 
and cells. One year after it is established, the working group 
would report to Congress on its research.

Section 2318. Prohibition on implementation of policy change to permit 
        small, non-locking knives on aircraft.

    This section would prohibit the Secretary of Homeland 
Security from implementing any change to the prohibited items 
list of the TSA that would permit passengers to carry small, 
non-locking knives beyond passenger screening checkpoints at 
airports or on a passenger aircraft.

Section 2319. Aircraft cabin evacuation procedures.

    This section would require the FAA to review the evacuation 
certification of transport-category aircraft with regard to 
emergency conditions, crew procedures used for evacuations 
under actual emergency conditions, any relevant changes to 
passenger demographics and legal requirements, and any relevant 
changes to passenger seating configurations, as well as review 
recent accidents and incidents in which passengers evacuated 
such aircraft. In conducting this review, the FAA would be 
required to consult with the NTSB, relevant aircraft 
manufacturers, air carriers, and other relevant experts and 
Federal agencies, and would be required to review relevant data 
with respect to evacuation certification. In addition, this 
section would require the FAA to submit a report to Congress on 
the results of the review and any related recommendations not 
later than 1 year after the date of enactment of this Act.

                   Subtitle D--General Aviation Safety


Section 2401. Automated weather observing systems policy.

    This section would require the FAA to update automated 
weather observing systems (AWOS) standards to maximize the use 
of new technologies that promote the reduction of equipment or 
maintenance cost for non-Federal AWOS, and to review and 
update, as necessary, any existing policies in accordance with 
the new standards. The FAA would also be required to establish 
a process under which appropriate onsite airport personnel or 
aviation officials may be permitted to conduct the minimum tri-
annual preventative maintenance checks for non-Federal AWOS, as 
long as they have the appropriate training. In updating these 
standards, the FAA would be required to ensure that the 
standards are performance-based, to use risk analysis to 
determine the accuracy of the AWOS outputs required for pilots 
to perform safe aircraft operations, and to provide a cost 
benefit analysis demonstrating the benefits outweigh the cost 
for any requirement not directly related to safety.

Section 2402. Tower marking.

    This section would require the FAA to issue regulations to 
require the marking of certain towers that are between 50 and 
200 feet tall (``covered towers'') to promote safety for low-
flying aircraft, particularly those involved in agricultural 
operations. Additionally, this section would require the FAA to 
develop a database, with appropriate protections of proprietary 
information, that contains the location and height of each 
covered tower.

Section 2403. Crash-resistant fuel systems.

    This section would require the FAA to evaluate and update, 
as necessary, the standards for crash-resistant fuel standards 
for civilian rotorcraft.

Section 2404. Requirement to consult with stakeholders in defining 
        scope and requirements for Future Flight Service Program.

    This section would require the FAA to consult with GA 
stakeholders in defining the scope and requirements for any new 
Future Flight Service Program to be used in a competitive 
source selection for the next flight service contract with the 
FAA not later than 180 days after the enactment of this Act.

                     Subtitle E--General Provisions


Section 2501. Designated agency safety and health officer.

    This section would create a new position within the FAA 
called the Designated Agency Safety and Health Officer (DASHO). 
This position would be a full-time, senior executive position, 
reporting directly to the Assistant Administrator for Human 
Resource Management. The duties of the DASHO would include 
responsibility and accountability for auditing occupational 
safety and health issues across the FAA, overseeing FAA-wide 
compliance with relevant Federal occupational safety and health 
statutes and regulations, national industry and consensus 
standards, and FAA policies, and encouraging a culture of 
occupational safety and health to complement the FAA's existing 
safety culture.

Section 2502. Repair stations located outside United States.

    This section would require the FAA to take measures to 
ensure that the safety assessment system established for 
foreign repair stations places particular consideration on 
inspections of those stations that conduct scheduled heavy 
maintenance work on Part 121 air carrier aircraft, and 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. Those measures would be 
taken in accordance with U.S. obligations under applicable 
international agreements, and in a manner consistent with the 
applicable laws of the country in which a repair station is 
located.
    The FAA would also be required to conduct a rulemaking 
regarding alcohol and drug testing for foreign repair station 
employees. This section would also require the FAA to ensure 
that each employee of a foreign repair station who performs a 
safety-sensitive function on an air carrier aircraft has 
undergone a pre-employment background investigation sufficient 
to determine whether the individual presents a threat to 
aviation safety, in a manner that is acceptable by the FAA, 
consistent with the applicable laws of the country in which the 
repair station is located, and consistent with U.S. obligations 
under international agreements.

Section 2503. FAA technical training.

    This section would require the FAA, in collaboration with 
the exclusive bargaining representatives of covered FAA 
personnel, to establish an e-learning training pilot program in 
accordance with specific requirements. The pilot program would 
terminate 1 year after its creation, and upon its termination, 
the FAA would be required to assess and establish or update an 
e-learning training program that incorporates lessons learned 
from the pilot program.

Section 2504. Safety critical staffing.

    This section would instruct the DOT IG to conduct and 
complete an audit of the staffing model used by the FAA to 
determine the number of aviation safety inspectors that are 
needed to fulfill the mission of the FAA and adequately ensure 
aviation safety. At a minimum, the audit would include a review 
of the current staffing model and an analysis of how 
consistently the staffing model is applied throughout the FAA, 
a review of the assumptions and methods used in devising and 
implementing the staffing model, and a determination as to 
whether the current staffing model considers the FAA's 
authority to fully utilize designees. Upon the completion of 
this audit, the DOT IG would be required to report to Congress 
with the results.

Section 2505. Approach control radar in all air traffic control towers.

    This section would require the FAA to identify airports 
that are currently served by FAA towers with non-radar approach 
and departure control and to develop an implementation plan, 
including budgetary considerations, to provide those identified 
facilities with approach control radar.

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


Section 2601. Short title.

    This section would designate the short title of this 
subtitle as the ``Pilot's Bill of Rights 2.'' This subtitle 
reflects the version of S. 571 as agreed to by the Senate on 
December 17, 2015.

Section 2602. Medical certification of certain small aircraft pilots.

    This section would create an exemption, under specified 
circumstances, to the FAA's current third-class airman medical 
certification requirements for GA pilots.\23\ This section 
would direct the FAA to issue or revise regulations to ensure 
that an individual may operate as a pilot of a ``covered 
aircraft'', if certain conditions are met. In particular, the 
flight must be operated at an altitude of 18,000 feet or below 
and at an indicated airspeed of not more than 250 knots, and 
the individual must possess a valid State driver's license, 
comply with applicable medical requirements associated with 
that license, comply with applicable health requirements 
described below, be transporting five or fewer passengers (not 
including the pilot), and be operating under visual or 
instrument flight rules. A pilot may not operate a flight under 
this exemption for compensation or hire.
---------------------------------------------------------------------------
    \23\There are three classes of pilot medical certifications: the 
third-class airman medical certificate, needed for a private pilot 
license; the second-class airman medical certificate, needed for a 
commercial pilot license; and the first-class airman medical 
certificate, needed for an Airline Transport Pilot license.
---------------------------------------------------------------------------
    A ``covered aircraft'' would be one that is authorized 
under Federal law to carry not more than 6 occupants, and has a 
maximum certificated takeoff weight of no more than 6,000 
pounds.
    A pilot seeking to operate a covered aircraft under the 
revised medical requirements would be required to have had 
``one-touch'' with the FAA. Specifically, an individual would 
be required to have held an FAA medical certificate in the 10 
years before enactment of the section or at some point 
thereafter. A pilot who obtained such a certificate would not 
be required to return to the FAA to renew or otherwise obtain a 
medical certificate except as otherwise set forth in this 
section.
    Every 2 years, an individual would be required to complete 
an online airman medical education course that meets the 
following requirements: available on the Internet free of 
charge; developed and periodically updated in coordination with 
representatives of relevant GA stakeholder groups; educates 
pilots on conducting medical self-assessments; advises pilots 
on how to identify warning signs of potential serious medical 
conditions; outlines risk mitigation strategies for medical 
conditions; increases awareness of potentially impairing 
medications; encourages regular medical exams and consultations 
with primary care physicians; and informs pilots of the 
regulations pertaining to the prohibition on flying during a 
medical deficiency.
    The medical education course may be developed by the FAA, 
or the agency could utilize a suitable one developed by a 
nonprofit or not-for-profit GA organization. The FAA would be 
required to coordinate with GA stakeholder groups promptly to 
ensure that the online course is provided in a timely manner 
through the FAA website or other means. If any entity other 
than the FAA creates an online medical course intended to 
satisfy the requirements of this legislation, that entity would 
be required to coordinate with the FAA to ensure that it meets 
all FAA standards.
    This section would provide that an individual may not 
qualify for the exemption if the most recent application for 
airman medical certification the individual submitted to the 
FAA was completed and the FAA denied the application. In some 
instances, when an individual is referred to the FAA to be 
considered for an Authorization for Special Issuance, the 
individual or the individual's physician does not provide all 
of the information or documentation required under that process 
and the application is closed for inactivity or failure to 
provide information. In such instances, the applications would 
not be considered complete for the purposes of this section. 
While individuals who are ultimately denied issuance of an 
airman medical certificate would not qualify for the exemption, 
nothing should be construed as precluding an individual from 
attempting to obtain a medical certification in the future, and 
thereafter qualifying for the exemption once the initial 
medical certification requirement is met, as well as all other 
relevant requirements under this section.
    At the conclusion of the medical education course, a series 
of forms would be generated for the pilot to complete and 
submit to the FAA. One of the forms that would be provided to 
the pilot is the medical examination checklist described below.
    A pilot would also be required to have a comprehensive 
medical examination every 4 years. The examination must include 
a review of a checklist of medical items and conditions, as 
specified in the bill, similar to one currently used by 
aviation medical examiners (AMEs).\24\ The FAA would be 
required to develop this checklist within 180 days of the date 
of enactment of the bill, and the Committee fully expects the 
agency to comply with this stringent deadline.
---------------------------------------------------------------------------
    \24\An aviation medical examiner (AME) is a private physician who 
has been designated by the FAA and given the authority to perform 
flight physical examinations and issue aviation medical certificates.
---------------------------------------------------------------------------
    The pilot also would be required to provide a comprehensive 
medical history and a list of drugs (prescription and non-
prescription) he or she takes, which the physician would be 
required to review with the pilot during the examination. The 
physician performing the examination would be required to also 
follow the checklist of items to be evaluated, aimed at 
identifying conditions that could interfere with the safe 
operation of an aircraft. The physician would be instructed to 
address, as medically appropriate, any medical conditions 
identified and any drugs the pilot is taking. In some 
instances, a simple discussion of the condition or drugs may be 
adequate. In other cases, a referral to a specialist or further 
tests may be required. The pilot's physician would be required 
to certify that all items on the checklist were discussed 
during the exam, including any drugs the pilot is taking, and 
that the examination included all items on that checklist.
    Pilots would be required to retain certificates and forms 
demonstrating an understanding of applicable medical 
requirements and compliance with the new requirements in the 
bill. Among other things, all pilots would be required to 
certify that they understand that they may not fly during a 
period of medical deficiency.
    If diagnosed with any medical condition that may impact the 
ability to fly, an individual would be required to be under the 
care and treatment of a physician in order to fly. Individuals 
who are diagnosed with certain mental health and neurological 
disorders would be required to have or obtain an Authorization 
for Special Issuance of a Medical Certificate, which is the 
current standard process.\25\ Individuals diagnosed with 
certain cardiovascular conditions would be required to go 
through the Special Issuance process (as modified by the bill) 
one time for each diagnosed condition. For such individuals, 
the requirements for obtaining a Special Issuance may be 
satisfied with the successful completion of an appropriate 
clinical evaluation without an FAA-imposed mandatory wait 
period, during which a pilot may not fly. Other than the 
foregoing specified mental, neurological, or cardiovascular 
conditions or disorders, the bill would not require a pilot 
operating under the exemption in this section to go through the 
Special Issuance process for any other medical conditions or 
disorders.
---------------------------------------------------------------------------
    \25\The FAA may issue an Authorization for Special Issuance of a 
Medical Certificate, with a specified validity period, to an applicant 
who does not meet the established medical standards (i.e., has a 
disqualifying medical condition). The applicant must demonstrate to the 
FAA that the duties authorized by the class of medical certificate 
applied for can be performed without endangering public safety.
---------------------------------------------------------------------------
    The medical certificate exemption established in this 
section would not be available for individuals with clinically 
diagnosed mental health or neurological conditions if the 
individual's medical specialist determines such conditions 
render the individual unable (or reasonably expected to make 
him or her unable) to fly under the operational flight 
parameters in this section.
    The FAA would be required to identify medical conditions 
that could be added to an existing agency program, known as 
CACI, that allows AMEs to issue medical certificates for 
individuals with certain conditions that are known to be 
treatable (reducing the aviation safety risk) without requiring 
the individuals to go through the Authorization for Special 
Issuance of a Medical Certificate process. The FAA would be 
required to consult with aviation, medical, and union 
stakeholders to identify conditions that should be reviewed by 
aviation medical experts, using the best available scientific 
evidence, to determine whether they can be added to the CACI 
process.
    The FAA also would be required to implement procedures to 
streamline the process for obtaining an Authorization for 
Special Issuance of a Medical Certificate and similar 
consultations would be required.
    Five years after the date of enactment, the FAA, in 
coordination with the NTSB, would be required to report to 
Congress on the effects of the changes made by this section.
    This section would prohibit the FAA from taking enforcement 
action against a pilot of a covered aircraft for not holding a 
valid third-class airman medical certificate if the pilot and 
the flight meet the requirements, through a good faith effort, 
under subsection (a) of this section (except for the medical 
education course required under subsection (a)(5)), unless the 
FAA has published final regulations implementing the 
requirements of this section. The exception for subsection 
(a)(5) is to ensure that the FAA cannot circumvent the 
enforcement prohibition if the development of the medical 
course is delayed. The limitation on enforcement would come 
into effect 1 year after enactment of the provision.

Section 2603. Expansion of pilot's bill of rights.

    This section would make several amendments to the Pilot's 
Bill of Rights, which allows individuals denied an airman 
certificate to appeal that denial to U.S. District Court after 
it has been upheld under the normal NTSB appeals process. This 
section would expand the scope of that provision to allow 
individuals who have had their airman certificates suspended or 
revoked to avail themselves of the same appeals process, and 
would modify the standard of review for appeals in U.S. 
District Court.
    A key change to current law, under this bill, would be the 
availability of a U.S. District Court review on a de novo basis 
once the current administrative remedies have been exhausted 
(including an appeal to the full NTSB). Under a de novo review, 
the District Court would try the matter. In such a court case, 
any element of the record of administrative review could be 
presented as evidence, but the court would not be compelled to 
give deference to administrative decisions. Also in such court 
cases, the FAA would bear the burden of proof under any appeal 
related to suspended or revoked certificates while the airman 
would bear the burden for the appeal of a denied certificate. 
The intent is that the FAA would bear the burden of proof in 
instances where the agency is accusing a pilot of an infraction 
against rules, however the pilot would bear the burden of proof 
when he or she is required to demonstrate proficiency or 
sufficient qualifications.
    This section would impose new requirements for 
notifications with respect to FAA investigations relating to 
airman certificates.
    This section would set out requirements for the FAA to 
provide a copy of the releasable portion of the investigative 
report to the holder of an airman certificate who is the 
subject of certain enforcement actions. If the FAA fails to 
adhere to the requirements of this section, the certificate 
holder may move to dismiss the complaint before an 
administrative law judge (ALJ). The ALJ may order appropriate 
relief if the FAA fails to establish good cause for failure to 
comply with this section. This section would also define the 
portions of an investigative report considered releasable.

Section 2604. Limitations on reexamination of certificate holders.

    This section would only apply to reexaminations that are 
ordered due to the fault of the FAA. It would prohibit the FAA 
from reexamining a GA pilot holding a student, sport, 
recreational, or private pilot airman certificate unless the 
agency has reasonable grounds to: (1) establish a lack of 
qualification on the part of the pilot; or (2) demonstrate that 
the certificate was obtained through fraud or an exam that was 
inadequate. Before taking action to reexamine a pilot, the FAA 
would be required to provide a GA pilot the reasonable basis 
for the reexamination and relevant information that formed that 
basis.
    This section would prohibit the FAA from ordering certain 
certificate actions against a GA pilot, after a reexamination, 
unless the FAA determines that the pilot lacks the technical 
skills and competency, or care, judgment, and responsibility, 
necessary to hold and safely exercise the privileges of the 
certificate, or fraudulently obtained it. This section also 
would set forth the standard of review for any such certificate 
actions.

Section 2605. Expediting updates to notam program.

    This section would amend the Pilot's Bill of Rights to 
require the NOTAM Improvement Program to be maintained in a 
public repository that is accessible on the Internet, machine 
readable, and searchable. It also would require the FAA to 
include temporary flight restrictions within the NOTAM 
Improvement Program; direct the FAA to consider the repository 
of NOTAMs created to be the sole source location for pilots to 
check for NOTAMs; determine that NOTAMs are announced and 
published when included in the repository; and, after the FAA 
completes the NOTAM Improvement Program, prohibit the 
enforcement of a NOTAM violation if the NOTAM was not included 
in the repository before the flight commenced. The FAA also 
would be prohibited from enforcing NOTAM violations, within 180 
days after the date of enactment of this bill, until the FAA 
certifies to Congress that it has implemented the changes to 
the NOTAM system required by this section; however, an 
exception for national security is provided.

Section 2606. Accessibility of certain flight data.

    This section would impose requirements on the FAA with 
regard to certain records related to certificate actions. 
Specifically, when the FAA receives a written request for a 
flight record (as defined in the Pilot's Bill of Rights) from 
an individual who is the subject of an investigation initiated 
by the FAA, and the covered flight record is not in the 
possession of the FAA, the FAA would be required to request the 
relevant record from the contract tower or other contractor of 
the FAA that possesses such flight record. These records would 
be required to be provided to the FAA by such entities.
    If the Administrator has issued, or subsequently issues, a 
Notice of Proposed Certificate Action relying on evidence 
contained in a flight record, and the individual who is the 
subject of an investigation has requested the record, the FAA 
would be required to 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.
    The FAA would have 180 days after the date of enactment to 
promulgate regulations or guidance to ensure compliance with 
this section.
    Any contract or agreement entered into or renewed after 
enactment of the bill, between the FAA and a covered entity, 
would be required to contain material terms to ensure 
compliance with the requirements of this section relevant 
contracts that are in effect on the date of enactment need not 
have such material terms unless the contract or agreement is 
renegotiated, renewed, or modified after that date.

Section 2607. Authority for legal counsel to issue certain notices.

    This section would require the FAA to revise its 
regulations to authorize legal counsel to close certain 
enforcement actions with a warning notice, letter of 
corrections, or other administrative action.

                   Title III--Air service improvements


Section 3001. Definitions.

    This section would define terms used in this title.

             Subtitle A--Passenger Air Service Improvements


Section 3101. Causes of airline delays or cancellations.

    This section would require the DOT to review the 
categorization of delays and cancellations with respect to air 
carriers that are required to report such data. This section 
would also allow for the DOT to use the Advisory Committee for 
Aviation Consumer Protection to assist in conducting the review 
and providing recommendations. Upon the conclusion of the 
review, this section would require the DOT to submit a report 
to Congress on the outcome, including describing any 
recommendations that were made. It is important to note that 
nothing in this section shall be construed as affecting the 
decision of an air carrier to maximize itssystem capacity 
during weather related events to accommodate the greatest 
number of passengers.

Section 3102. Involuntary changes to itineraries.

    This section would instruct the DOT to review whether it is 
an unfair or deceptive practice 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.

Section 3103. Additional consumer protections.

    This section would require the DOT to issue a supplemental 
notice of proposed rulemaking to its notice of proposed 
rulemaking published on May 23, 2014, relating to the 
transparency of airline ancillary fees and other consumer 
protection issues. This supplemental notice of proposed 
rulemaking would consider requiring an air carrier to provide 
notification and refunds, or other consideration, to a consumer 
who is impacted by (1) delays or cancellations when an air 
carrier has a choice as to which flights to cancel or delay 
during a weather event, or (2) involuntary itinerary changes. 
This supplemental rulemaking is not intended to delay the May 
23, 2014, open notice of proposed rulemaking.

Section 3104. Addressing the needs of families of passengers involved 
        in aircraft accidents.

    This section would slightly expand the type of aircraft 
accidents for which U.S. and foreign air carriers must provide 
certain services to passengers and their families, as already 
required by law. The statutory threshold is changed from 
``major loss of life'' to ``any loss of life.'' This section 
would also include technical and conforming changes to the law 
related to the assistance that the NTSB that must provide to 
families in such circumstances.

Section 3105. Emergency medical kits.

    This section would require the FAA to evaluate and revise, 
as appropriate, the regulations regarding the onboard emergency 
medical equipment requirements, including the contents of the 
first-aid kit. In conducting this evaluation, the FAA would be 
instructed to consider whether the minimum contents of approved 
emergency medical kits include appropriate medications and 
equipment to meet the emergency medical needs of children, 
including the consideration of an epinephrine auto-injector, as 
appropriate.

Section 3106. Travelers with disabilities.

    This section would instruct the GAO to conduct a study of 
airport accessibility best practices for individuals with 
disabilities beyond those recommended under previous acts 
including to improve infrastructure and communications, such as 
way findings, amenities, and passenger care. The GAO would then 
be required to submit a report to Congress on its findings, 
conclusions, and recommendations.

Section 3107. Extension of Advisory Committee for Aviation Consumer 
        Protection.

    This section would extend the Advisory Committee for 
Aviation Consumer Protection through the last fiscal year of 
this Act. This section would also require each member of the 
advisory committee who is not a government employee to annually 
disclose any potential conflicts of interest to the DOT.

Section 3108. Extension of competitive access reports.

    This section would extend for the term of the bill the 
statutory requirement for medium and large hub airports to file 
with the DOT competitive access reports.

Section 3109. Refunds for delayed baggage.

    This section would instruct the DOT to promulgate 
regulations to require an airline to promptly provide an 
automatic refund to a passenger if the air carrier has charged 
the passenger an ancillary fee for checked baggage but the air 
carrier fails to deliver the checked baggage to the passenger 
within a specific timeframe, not to exceed 12 hours after the 
arrival of a domestic flight or 24 hours after an international 
flight.

Section 3110. Refunds for other fees that are not honored by a covered 
        air carrier.

    This section would instruct the DOT to promulgate 
regulations that require each air carrier to promptly provide 
an automatic refund of any ancillary fees paid for services 
that the passenger did not receive on a passenger's scheduled 
flight, on a subsequent replacement itinerary, or on a flight 
canceled by the passenger.

Section 3111. Disclosure of fees to consumers.

    This section would instruct the DOT to promulgate 
regulations requiring each air carrier and ticket agent to 
disclose in a standardized format the baggage fee, cancellation 
fee, change fee, ticketing fee, and seat selection fee of that 
air carrier. The regulations developed would ensure that each 
disclosure be prominently displayed to a consumer prior to the 
point of purchase in clear and plain language and in an easily 
readable font size. This section would not prescribe that 
carriers be required to provide any information to travel 
intermediaries outside of contractual arrangements.

Section 3112. Seat assignments.

    This section would call for the DOT to require each air 
carrier and ticket agent to disclose to consumers that the 
selection of preferred seating for a flight and any associated 
fees are optional and that, if a consumer does not pay for a 
preferred seat, a seat will be assigned to the consumer from 
available inventory prior to departure. This section would also 
outline how this information should be disclosed to the 
consumer if a ticket is bought online versus how it should be 
disclosed if the ticket is purchased over the telephone.

Section 3113. Child seating.

    This section would require DOT to require each air carrier 
and ticket agent to disclose whether adjoining seats are 
available at no additional cost at the time of purchase or, if 
such seats are not available, to disclose what the air 
carrier's policy is for accommodating adjoining seat requests 
prior to departure. This requirement would apply if a 
reservation includes a child under the age of 13 traveling with 
an accompanying passenger who is age 13 or older. This section 
would also outline how this information should be disclosed to 
the consumer if a ticket is bought online versus how it should 
be disclosed if the ticket is purchased over the telephone.

Section 3114. Consumer complaint process improvement.

    This section would require each commercial air carrier and 
ticket agent to inform each consumer of an airline carrier 
service, at the point of sale, that the consumer can file a 
complaint about air carrier service with the air carrier and 
with the Aviation Consumer Protection Division of the DOT. Also 
included in this section is a requirement for each air carrier 
to include specific consumer complaint process information on 
its website.

Section 3115. Online access to aviation consumer protection 
        information.

    This section would require the DOT to complete an 
evaluation of the aviation consumer protection portion of its 
public website to determine whether there are any changes to 
the user interface that will improve usability, accessibility, 
consumer satisfaction, and Website performance. The DOT would 
be instructed to consider the best practices of other Federal 
agencies with effective Websites, to consult with the Federal 
Web Managers Council, and to develop a plan, including an 
implementation timeline, in completing this evaluation. The DOT 
would then be required to submit the evaluation and plan to 
Congress.
    Additionally, this section would require the DOT to 
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. 
Once developed, this application software would be required to 
be made available to the public at no cost.

Section 3116. Study on in cabin wheelchair restraint systems.

    This section would require the Architectural and 
Transportation Barriers Compliance Board, in consultation with 
the DOT, to 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.

Section 3117. Training policies regarding assistance for persons with 
        disabilities.

    This section would require the GAO to prepare a report for 
Congress on air carrier training policies related to assistance 
for persons with disabilities. The DOT would be required to 
develop and disseminate to air carriers any best practices that 
stem from the report.

Section 3118. Advisory committee on the air travel needs of passengers 
        with disabilities.

    This section would establish an advisory committee for the 
air travel needs of passengers with disabilities.

Section 3119. Report on covered air carrier change, cancellation, and 
        baggage fees.

    This section would require the GAO to 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.

Section 3120. Enforcement of aviation consumer protection rules.

    This section would require the GAO to conduct a study to 
consider and evaluate DOT enforcement of aviation consumer 
protection rules.

Section 3121. Dimensions for passenger seats.

    This section would require the FAA to review the minimum 
seat pitch for airline passengers' seats, taking safety into 
consideration.

Section 3122. Cell phone voice communication ban.

    This section would allow DOT to issue regulations to 
prohibit an individual on an aircraft from engaging in voice 
communication using a mobile communications device during a 
flight of that aircraft. Any member of the flight crew on duty 
on an aircraft, any flight attendant on duty on an aircraft, 
and any Federal law enforcement officer acting in an official 
capacity would be exempt from this prohibition.

Section 3123. Availability of slots for new entrant air carriers at 
        Newark Liberty International Airport.

    This section would direct the DOT to annually make not less 
than eight slots at Newark Liberty International Airport 
available to enable new entrant air carriers to provide air 
transportation. This statutory requirement would not apply in 
any year that new entrant air carries operate five percent or 
more of the total number of slots at Newark Liberty 
International Airport or if DOT makes a determination that 
making slots available to new entrants at that airport is not 
in the public interest and would significantly increase 
operational delays. Additionally, this section would require 
the DOT to notify the appropriate committees of Congress not 
later than 14 calendar days after the date a determination is 
made that making slots available to new entrants is not in the 
interest of the public.

                    Subtitle B--Essential Air Service


Section 3201. Essential air service.

    This section would reauthorize the EAS program at current 
authorized funding levels of $155 million for each of FY 2016 
and FY 2017. This section would also adjust the Federal share 
of certain costs related to community eligibility for 
subsidized air service. The DOT would be required to consider 
the flexibility of current operational dates and airport 
accessibility to meet local community needs when issuing 
requests for proposal for EAS service at seasonal airports.

Section 3202. Small community air service development program.

    This section would reauthorize the Small Community Air 
Service Development Program at $10 million for each of FY 2016 
and FY 2017, an increase over the $6 million currently 
authorized.

Section 3203. Small community program amendments.

    This section would allow the Secretary of Transportation to 
waive the limitation related to projects that are the same, if 
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.

Section 3204. Waivers.

    This section would allow the DOT to waive certain statutory 
requirements related to EAS service if requested by the 
community receiving subsidized air service.

Section 3205. Working Group on improving air service to small 
        communities.

    This section would require the DOT and the FAA to establish 
a working group that identifies obstacles to attracting and 
maintaining air transportation service to and from small 
communities and to develop recommendations for maintaining and 
improving air transportation service to and from small 
communities.

                 Title IV--NextGen and FAA organization


Section 4001. Definitions.

    This section would define terms used in this title.

          Subtitle A--Next Generation Air Transportation System


Section 4101. Return on investment assessment.

    This section would require the FAA to submit a report to 
Congress which assesses the overall NextGen portfolio. As part 
of this report, the FAA would be required to delineate how each 
NextGen program directly contributes to a more safe and 
efficient air traffic control system, what the expectations and 
priorities of NextGen are in a manner that clearly articulates 
the current status of NextGen programs, and the return on 
investment dates and projected impacts of these programs for 
both the Federal Government and the users of the national 
airspace system.
    Additionally, this section would require the FAA, in 
consultation with the NextGen Advisory Committee, to use the 
assessment described above to develop a priority list of all 
NextGen programs and activities. This priority list should be 
included in the aforementioned report to Congress. Finally, the 
FAA would be required to modify the agency's budget submissions 
to reflect the current status of NextGen programs and the 
projected returns on investment for each program.

Section 4102. Ensuring FAA readiness to use new technology.

    This section would require the FAA to take the necessary 
steps before 2018 to ensure that the agency has the capability 
to receive space-based ADS-B data and that this data can be 
used to provide positive air traffic control, including 
separation of aircraft over the oceans and other specific 
regions not covered by radar, with the same reduced minimum 
separation capability as neighboring foreign air navigation 
services are providing.
    This section would also require the FAA to begin submitting 
a biannual report to Congress 6 months after the date of 
enactment detailing the actions the FAA has taken to ensure 
2018 readiness and usage, what actions remain to be taken, an 
updated timeline for expected completion of each outstanding 
action, and a detailed description of the FAA's investment 
decisions and requests for funding consistent with FAA's 
existing terrestrial ADS-B implementation to ensure a sustained 
program beyond 2018. This report would be required until the 
capability of the FAA to receive space-based ADS-B data is 
complete.

Section 4103. NextGen annual performance goals.

    This section would direct the FAA to establish annual 
NextGen performance goals in order to meet previously 
established performance metrics baselines and would add a 
requirement for the DOT to include, in a statutorily-required 
report to Congress, a description of the progress made on 
NextGen performance goals relative to the performance metrics 
established under section 214 of the FMRA (49 U.S.C. 40101 
note). Additionally, this section would require the FAA to 
consider the progress made toward meeting the NextGen 
performance goals when evaluating the performance of the Chief 
NextGen Officer for the purpose of awarding a bonus. Finally, 
this section would require the annual performance agreement 
made between the Administrator of the FAA and the Chief NextGen 
Officer to include quantifiable NextGen airspace performance 
objectives established by the NextGen Advisory Committee.

Section 4104. Facility outage contingency plans.

    This section would require the FAA to update the agency's 
comprehensive contingency plan to address potential air traffic 
facility outages that could have a major impact on operation of 
the national airspace system. This section is in response to 
the September 26, 2014, incident in which an FAA contract 
employee deliberately started a fire that destroyed critical 
equipment at the FAA's Chicago Air Route Traffic Control Center 
in Aurora, Illinois.
    Additionally, not later than 60 days after the date the 
comprehensive contingency plan is updated, the FAA would be 
required to submit a report to Congress on the update, 
including any recommendations for ensuring that air traffic 
facility outages do not have a major impact on operation of the 
national airspace system.

Section 4105. ADS-B mandate assessment.

    This section would require the DOT IG to assess both the 
FAA's and industry's readiness to meet the ADS-B mandate, 
changes made to the ADS-B program since May 2010, and 
additional options to comply with the mandate and consequences 
for both individual system users and for the overall safety and 
efficiency of the national airspace system for noncompliance. 
The DOT IG would then be required to submit a report to 
Congress on this assessment, including and recommendations 
regarding the effective delivery and performance of the ADS-B 
mandate.
    The FAA's ADS-B program is expected to be the centerpiece 
of the NextGen effort at the FAA, but the satellite-based 
system faces uncertainty and controversy. In May 2010, the 
agency published a final rule that mandated airspace users be 
equipped with ADS-B Out avionics by January 1, 2020. 
Subsequently, in April 2015, the FAA announced completion of 
the ADS-B ground-based radio infrastructure. However, the ADS-B 
program faces considerable doubt and unanswered questions about 
whether or not the 2020 mandate is still meaningful.
    In 2014, the DOT IG 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. The DOT IG 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.'' When 
this report was issued, commercial and GA 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.

Section 4106. NextGen interoperability.

    This section would require the FAA to conduct a gap 
analysis to identify potential risks to NextGen 
interoperability with other Air Navigation Service Providers 
and to establish a timeframe for periodically reevaluating 
these risks. The FAA would also be required to develop a plan 
that identifies and documents the actions to mitigate these 
risks and report to Congress on these actions.

Section 4107. NextGen transition management.

    This section would require the FAA to identify and analyze 
any technical and operational maturity gaps in current NextGen 
transition and implementation plans. The FAA would then be 
required to develop a plan to mitigate those gaps identified, 
and to report to Congress on these actions.

Section 4108. Implementation of NextGen operational improvements.

    This section would require the FAA to work with the 
airlines, and other users of the national airspace system, to 
develop and implement a system to systematically track the use 
of existing performance based navigation (PBN) procedures and 
to 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.
    Additionally, the FAA would be required to develop and 
implement guidelines for ensuring timely inclusion of 
appropriate stakeholders, including airport representatives, in 
the planning and implementation of NextGen improvement efforts 
and to assure that NextGen planning documents provide 
stakeholders information on how and when operational 
improvements are expected to achieve NextGen goals and targets. 
Finally, the FAA would be required to report to Congress on the 
progress made toward implementing these requirements and on the 
timeline and process that will be used to implement PBN at 
additional airports, including information on how the FAA will 
partner and coordinate with private industry to ensure 
expeditious implementation of PBN.

Section 4109. Cybersecurity.

    This section would instruct the FAA to identify and 
implement ways to better incorporate cybersecurity as a systems 
characteristic at all levels and phases of the architecture and 
design of air traffic control programs, including NextGen 
programs. The FAA would also be required: to develop a threat 
model that will identify vulnerabilities to better focus 
resources to mitigate cybersecurity risks; to develop an 
appropriate plan to mitigate cybersecurity risk, respond to an 
attack or intrusion and to adapt to evolving cybersecurity 
threats; and to foster a cybersecurity culture throughout the 
DOT, including in air traffic control programs and relevant 
contractors. The FAA would also be required to submit a report 
to Congress on the progress made toward implementing these 
requirements not later than 1 year after the date of enactment 
of this Act.

Section 4110. Defining NextGen.

    This section would require the GAO to assess how the line 
items included in the FAA's NextGen budget request directly 
relate to the goals and expected outcomes of NextGen and to 
report to Congress on the results of this assessment.

Section 4111. Human factors.

    This section would require the FAA to 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 to ensure that a human factors specialist, separate from 
the research and certification groups, is directly involved 
with the NextGen approval process. The FAA would also be 
required to submit a report to Congress on the progress made 
toward implementing these requirements not later than 1 year 
after the date of enactment of this Act.

Section 4112. Major acquisition reports.

    This section would instruct the FAA to evaluate the 
agency's current acquisition practices to ensure that they 
appropriately identify the current estimated costs for each 
acquisition system, including all segments, 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 account for the way 
funds are being used when reporting to managers, Congress, and 
other stakeholders. Not later than 1 year after the date of 
enactment of this Act, the FAA would also be required to submit 
a report to Congress on the progress made toward implementing 
these requirements.

Section 4113. Equipage mandates.

    This section would require the FAA to provide a statement 
of estimated costs and benefits that is based upon mature and 
stable technical specifications and to create a timeline for 
FAA deliverables and investments by both users and the FAA 
before any NextGen-related equipage mandates are imposed on 
users of the national airspace system.

Section 4114. Workforce.

    This section would require the FAA, within 1 year of the 
date of enactment of this Act, to 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. 
The FAA would then also be required to develop a comprehensive 
plan to attract, develop, train, and retain talented 
individuals, and identify the resources needed to attract 
develop and retain this talent. Additionally, the FAA would be 
required to submit a report to Congress on the progress made 
toward implementing these requirements.

Section 4115. Architectural leadership.

    This section would require the FAA to develop a plan which 
utilizes an architecture leadership community and an effective 
governance approach, enables effective management and 
communication, provides flexibility and the ability to evolve 
to ensure accommodation of future needs, and communicates 
changing circumstances in order to align agency and airspace 
user expectations.
    This section would also authorize the FAA to determine the 
feasibility of conducting a small number of experiments among 
the FAA's system integration partners to prototype candidate 
solutions for establishing and managing an architectural 
community and to develop a method to initiate, grow, and engage 
a capable architecture community, from both within and outside 
of the FAA, that will expand the breadth and depth of expertise 
that is steering architectural changes.
    Additionally, the FAA would be required to submit a report 
to Congress on the progress made toward implementing these 
requirements no later than 1 year after this Act is enacted.

Section 4116. Programmatic risk management.

    This section would require the FAA to solicit input from 
specialists in probability and statistics to identify and 
prioritize the programmatic and implementation risks to NextGen 
and to develop a method to manage and mitigate these risks. The 
FAA would also be required to report to Congress on the 
progress made toward implementing these requirements not later 
than 1 year after the date of enactment of this Act.

Section 4117. NextGen prioritization.

    Under this section the FAA would be required to 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 safety of aviation operations.

          Subtitle B--Administration Organization and Employees


Section 4121. Cost-saving initiatives.

    This section would instruct the FAA to identify and 
implement agency-wide cost-savings initiatives and to develop 
appropriate timelines and metrics to measure whether the 
initiatives are successful in reducing costs. The FAA would 
also be required to report to Congress on the progress made 
toward implementing these requirements not later than 1 year 
after the date of enactment of this Act.

Section 4122. Treatment of essential employees during furloughs.

    This section would define the term ``essential employee'' 
and allow the FAA to keep essential employees by transferring 
budgetary resources within the agency in the event of a 
furlough of one or more employees.

Section 4123. Controller candidate interviews.

    This section would instruct the FAA to 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 and would mandate 
that this be done not later than 60 days after this bill is 
enacted. Additionally, this section would mandate that, not 
later than 30 days after the date of enactment of this Act, the 
FAA must establish guidelines regarding this in-person 
interview process.

Section 4124. Hiring of air traffic controllers.

    This section would modify the FAA's hiring process for air 
traffic controllers by creating a new hiring track that would 
ensure opportunities for Collegiate Training Initiative (CTI) 
graduates while maintaining an ``experienced'' track for 
candidates with prior air traffic control experience and the 
``open source'' track in which all U.S. citizens could apply 
for the job.
    This section would remove the Biographical Questionnaire 
(BQ) requirement for various types of candidates, including CTI 
graduates and certain veterans. It would also allow candidates 
who were disqualified by the BQ utilized for candidates in 2014 
to reapply. This section also would increase the maximum entry 
age for experienced controllers with a minimum of 52 weeks of 
experience as a civilian or military air traffic controller 
from age 31 to 35.

Section 4125. Computation of basic annuity for certain air traffic 
        controllers.

    This section would direct the Director of the Office of 
Personnel Management to recalculate and adjust applicable 
annuity payments for certain air traffic controllers that were 
excluded due to having supervisory status.

Section 4126. Air traffic services at aviation events.

    This section would require the FAA to 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. 
In determining the services and support to be provided for an 
aviation event, this section would require the FAA to consider 
the services and support required to meet levels of activity at 
prior, similar events and the anticipated need for services and 
support.

Section 4127. Full annuity supplement for certain air traffic 
        controllers.

    This section would allow former air traffic controllers who 
are now employed as full-time air traffic control instructors 
under contract with the FAA to receive their full annuity 
supplement.

Section 4128. Inclusion of disabled veteran leave in Federal Aviation 
        Administration personnel management system.

    This section would include disabled veteran leave in the 
FAA's personnel management system. This section also would 
require the FAA to publish a report not later than 1 year after 
the date of enactment and annually thereafter for 5 years 
highlighting the effect of carrying out this section on the 
workforce and the number of veterans benefiting from the 
implementation of this section.

                         Title V--Miscellaneous


Section 5001. National Transportation Safety Board investigative 
        officers.

    This section would remove a statutory staffing requirement 
that the NTSB has determined to be burdensome and unnecessary 
for it to fulfill its duties.

Section 5002. Performance-based navigation.

    This section would require the FAA to consult with affected 
airports before taking certain actions related to airspace 
redesign. The FAA would also be required, if requested by the 
affected community, to review certain new airspace procedures 
to determine if implementation of the procedures had a 
significant effect on the human environment in the community in 
which the airport is located. If it is determined that there 
was such an impact, the FAA would be required to consider the 
use of alternative flight paths that do not substantially 
degrade the efficiencies achieved by the implementation of the 
procedure being reviewed.

Section 5003. Overflights of national parks.

    This section would amend current law to ensure the 
continued availability of air routes used by air tour operators 
transiting over Lake Mead on their way to and from the Grand 
Canyon.

Section 5004. Navigable airspace analysis for commercial space launch 
        site runways.

    This section would amend existing law to give the Secretary 
of Transportation the ability to decide if constructing or 
altering a structure may result in an interference with space 
navigation facilities and equipment. While conducting an 
aeronautical study, the Secretary should also consider 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 as relevant to the effective use of 
the national airspace. It would require a rulemaking to 
implement the amendments to existing law.

Section 5005. Survey and report on spaceport development.

    This section would require a GAO report to Congress on the 
existing system of FAA licensed spaceports. It also would ask 
for recommendations on how the Federal Government could 
participate in the construction, improvement, development, or 
maintenance of FAA licensed spaceports in the United States, 
including identifying potential funding sources.

Section 5006. Aviation fuel.

    This section would direct the FAA to allow the use of an 
unleaded aviation gasoline in an aircraft as a replacement for 
a leaded gasoline if the FAA determines that an unleaded 
gasoline qualifies as a replacement, identifies the aircraft 
and engines that are eligible to use the qualified replacement, 
and adopts a process for them to operate using the qualified 
replacement in a safe manner.

Section 5007. Comprehensive Aviation Preparedness Plan.

    This section would require the Secretary of Transportation 
and Secretary of Health and Human Services, in coordination 
with the Secretaries of Homeland Security, Labor, State, and 
Defense, and representatives of other Federal departments and 
agencies, as necessary, to develop a comprehensive national 
aviation communicable disease preparedness plan.

Section 5008. Advanced Materials Center of Excellence.

    This section would codify the authorization for the 
Advanced Materials Center of Excellence, which focuses on 
applied research and training on the durability and 
maintainability of advanced materials in transport airframe 
structures.

Section 5009. Interference with airline employees.

    This section would require the GAO to complete a study of 
crimes and violence against airline customer service 
representatives while they are performing their duties and on 
airport property, including a gap analysis of laws and 
resources to deter and address crimes of violence and then 
submit a report to Congress, including recommendations to 
address any gaps identified.

Section 5010. Secondary cockpit barriers.

    This section would direct the TSA, in collaboration with 
the FAA, to conduct a detailed risk assessment of the need for 
physical secondary barriers on passenger aircraft and, if 
needed, promulgate regulations for risk-based equipage of such 
aircraft.

Section 5011. GAO evaluation and audit.

    This section would change the frequency of a mandated GAO 
evaluation and audit regarding the National Mediation Board to 
once every 4 years instead of once every 2 years.

Section 5012. Federal Aviation Administration performance measures and 
        targets.

    This section would require the establishment of FAA 
performance measures and targets, including measures to assess 
reductions of delays in completing projects and the 
effectiveness of projects.

Section 5013. Staffing of certain air traffic control towers.

    This section would ensure appropriate staffing at ``Core 
30'' facilities. The appropriate staffing levels could not be 
below the average number of air traffic controllers between the 
``high'' and ``low'' staffing ranges specified by the FAA 
document entitled, ``A Plan for the Future: 10-Year Strategy 
for Air Traffic Control Workforce 2015-2024.'' This section 
would also require a review of strategies to improve retention 
of experienced controllers.

Section 5014. Critical airfield markings.

    This section would require the FAA to study the durability 
of glass beads for reflectivity on airfield markings. The glass 
beads would specifically be Type III and Type I and applied to 
critical markings at no fewer than two primary airports in 
varying weather conditions over a 12-month period. An 
additional study of 6 months would be done at two other 
airports, testing Type III and Type I beads on opposite sides 
of the centerline of the runway, and would seek input from 
pilots through surveys.

Section 5015. Research and deployment of certain airfield pavement 
        technologies.

    This section would require the FAA to conduct research and 
development for airfield pavement technologies through grants 
and cooperative agreements with institutions of higher 
education and nonprofit organizations. The program would be 
required to do the following: research concrete and asphalt 
airfield pavement technologies that extend the life of airfield 
pavements; develop and conduct training; provide for 
demonstration projects; and promote airfield pavement 
technologies to aid in the development of safer, more cost 
effective, and more durable airfield pavements.

Section 5016. Report on general aviation flight sharing.

    This section would require the FAA to report on GA flight 
sharing feasibility. The report would include an assessment of 
regulations that may need to be updated to allow for safe and 
efficient flight sharing and regulations imposing limitations 
on the forms of communication that a private pilot may use.

Section 5017. Increase in duration of general aviation aircraft 
        registration.

    This section would require the FAA to initiate a rulemaking 
to extend the timeframe for GA aircraft registration to 5 
years.

Section 5018. Modification of limitation of liability relating to 
        aircraft.

    This section would clarify current law regarding the 
liability of aircraft lessors or owners under certain 
circumstances.

Section 5019. Government Accountability Office study of illegal drugs 
        seized at international airports in the United States.

    This section would require the GAO to conduct a study and 
report to Congress on illegal drugs seized at international 
airports. The study should include the types and quantities of 
drugs seized, origin of the drugs seized, airport at which the 
drugs were seized, the manner in which the drugs were seized, 
and the manner in which the drugs were transported. This 
section would also direct the GAO to use all available data to 
fully understand the extent to which illegal drugs enter the 
United States through international airports.

Section 5020. Sense of Congress on preventing the transportation of 
        disease-carrying mosquitoes and other insects on commercial 
        aircraft.

    This section would require the Secretary of Transportation 
and the Secretary of Agriculture to work with the World Health 
Organization to develop a framework and guidance for preventing 
the transportation of disease-carrying mosquitoes and other 
insects on commercial aircraft in a safe, effective, and 
nontoxic manner.

Section 5021. Work plan for the New York/New Jersey/Philadelphia 
        metroplex program.

    This section would require the FAA to develop and publish a 
work plan for the NY/NJ/PA metroplex program.

Section 5022. Report on plans for air traffic control facilities in the 
        New York City and Newark region.

    This section would require the FAA to report on staffing 
and scheduling for NY/Newark control facilities for a period of 
1 year.

Section 5023. GAO study of international airline alliances.

    This section would require the GAO to conduct a study on 
international airline alliances between U.S. air carriers and 
non-U.S. air carriers. This study would assess the consequences 
of alliances including reduced competition, stifling new 
entrants, increasing prices in markets, and other adverse 
consequences. The study would also assess representations made 
by carriers for the necessity of antitrust exemptions, DOT 
expectations of public benefits from alliances, the adequacy of 
DOT approval and monitoring of alliances, the sufficiency of 
transparency in the approval of alliances, competition among 
antitrust partners, and the effect on jobs in the United 
States.

Section 5024. Treatment of multi-year lessees of large and turbine-
        powered multiengine aircraft.

    This section would require the DOT to revise regulations to 
ensure that multi-year lessees and owners of large and turbine 
powered multi-engine aircraft are treated equally by the FAA 
for joint ownership policies.

Section 5025. Evaluation of emerging technologies.

    This section would require the FAA to conduct a study on 
potential impacts of emerging technologies on aircraft design, 
operations, maintenance and licensing. Emerging technologies 
would include but not be limited to electric propulsion and 
autonomous control, current State of aircraft design, 
operations, maintenance, and licensing.

Section 5026. Student outreach report.

    This section would require the FAA to report on outreach 
efforts to inspire students interested in aeronautical careers. 
The report would describe the FAA's existing outreach efforts 
that cater to elementary and secondary students who are 
interested in careers in science, technology, engineering, and 
mathematics.

Section 5027. Right to privacy when using air traffic control system.

    This section would require, upon request of an aircraft 
owner or operator, the FAA to block the registration number of 
an aircraft from any public dissemination or display, except in 
data made available to a government agency, for the 
noncommercial flights of the owner or operator.

Section 5028. Conduct of security screening by the Transportation 
        Security Administration at certain airports.

    The amendment would require the TSA to provide security 
screening services at any airport that lost commercial air 
service after January 1, 2013, if the airport submits a written 
confirmation of a commercial air carrier commitment to resume 
service at that airport.

Section 5029. Aviation cybersecurity.

    The section would require the FAA to facilitate and support 
the development of a comprehensive framework of principles and 
policies to reduce cybersecurity risks. It would also require 
the Aircraft Systems Information Security Protection Working 
Group to periodically review rulemaking, policy, and guidance 
for certification of avionics software and hardware and 
continued airworthiness in order to reduce cybersecurity risks 
to aircraft systems. It would also require DOT to implement an 
open recommendation by GAO to assess the potential cost and 
timetable of developing and maintaining an agency-wide threat 
model, and to implement open recommendations related to 
personal identity verification (PIV) cards. The section would 
also require FAA to report to Congress on actions to improve 
information security management.

Section 5030. Technical and conforming amendments.

    This section would make technical and conforming amendments 
to various parts of the title 49 of the United States Code that 
contain typographical and other errors.

                           Votes in Committee

    Senator Markey offered an amendment, to the amendment (in 
the nature of a substitute) offered by Senators Thune and 
Nelson, related to the use of personally identifiable 
information collected by any public UAS. By rollcall vote of 13 
yeas and 10 nays as follows, the amendment was adopted:\26\
---------------------------------------------------------------------------
    \26\Senator Gardner was recorded as a ``present''.

        YEAS--13                      NAYS--10
Ms. Ayotte                          Mr. Wicker
Mr. Heller                          Mr. Blunt
Mr. Nelson                          Mr. Rubio\1\
Ms. Cantwell                        Mr. Cruz\1\
Ms. McCaskill                       Ms. Fischer
Ms. Klobuchar                       Mr. Moran
Mr. Blumenthal\1\                   Mr. Sullivan\1\
Mr. Schatz                          Mr. Johnson
Mr. Markey                          Mr. Daines
Mr. Booker\1\                       Mr. Thune
Mr. Udall
Mr. Manchin
Mr. Peters

    \1\By proxy

    Senator Markey offered an amendment, to the amendment (in 
the nature of a substitute) offered by Senators Thune and 
Nelson, related to cyberattacks on commercial aircraft. By 
rollcall vote of 8 yeas and 16 nays as follows, the amendment 
was defeated:

        YEAS--8                       NAYS--16
Mr. Nelson                          Mr. Wicker\1\
Ms. Cantwell                        Ms. Blunt\1\
Ms. Klobuchar\1\                    Ms. Rubio\1\
Mr. Blumenthal\1\                   Mr. Ayotte
Mr. Schatz                          Mr. Cruz\1\
Mr. Markey                          Mr. Fischer
Mr. Booker\1\                       Mr. Moran
Mr. Udall\1\                        Mr. Sullivan\1\
                                    Mr. Johnson
                                    Mr. Heller
                                    Mr. Gardner
                                    Mr. Daines
                                    Ms. McCaskill
                                    Mr. Manchin
                                    Mr. Peters
                                    Mr. Thune

    \1\By proxy
    Senators Heller and Cantwell offered an amendment, to the 
amendment (in the nature of a substitute) offered by Senators 
Thune and Nelson, to direct DOT to issue a rule authorizing the 
carriage of property by small UAS for compensation or hire. By 
rollcall vote of 20 yeas and 4 nays as follows, the amendment 
was adopted:

        YEAS--20                      NAYS--4
Mr. Wicker                          Mr. Nelson
Mr. Blunt                           Mr. Blumenthal
Mr. Rubio\1\                        Mr. Markey
Ms. Ayotte                          Mr. Manchin
Mr. Cruz\1\
Ms. Fischer\1\
Mr. Moran\1\
Mr. Sullivan\1\
Mr. Johnson
Mr. Heller
Mr. Gardner
Mr. Daines
Ms. Cantwell
Ms. McCaskill
Ms. Klobuchar\1\
Mr. Schatz
Mr. Booker\1\
Mr. Udall\1\
Mr. Peters
Mr. Thune

    \1\By proxy

    Senator Markey offered an amendment, to the amendment (in 
the nature of a substitute) offered by Senators Thune and 
Nelson, to prohibit air carriers from imposing fees that are 
not reasonable and proportional to the costs incurred by the 
air carriers. By rollcall vote of 12 yeas and 12 nays as 
follows, the amendment was defeated:

        YEAS--12                      NAYS--12
Mr. Wicker                          Mr. Blunt\1\
Mr. Nelson                          Ms. Rubio\1\
Ms. Cantwell                        Ms. Ayotte
Ms. McCaskill                       Mr. Cruz\1\
Mr. Klobuchar\1\                    Mr. Fischer\1\
Mr. Blumenthal\1\                   Mr. Moran
Mr. Schatz                          Mr. Sullivan\1\
Mr. Markey                          Mr. Johnson
Mr. Booker\1\                       Mr. Heller
Mr. Udall\1\                        Mr. Gardner
Mr. Manchin                         Mr. Daines
Mr. Peters                          Mr. Thune

    \1\By proxy

                   additional views of senator nelson

    I appreciate the opportunity to have worked with Chairman 
Thune on this bipartisan and comprehensive FAA reauthorization 
bill. However, I write separately to express my view on certain 
provisions with which I have some reservations and 
disagreement.

Section 2103. Federal Trade Commission authority.

    I do not believe this section of the report accurately 
reflects the views of the Committee, insofar that I and other 
Members disagree with the section's normative assertions. 
Specifically, section 2103 of the report states:

        The Committee is mindful that a robust privacy 
        protection and enforcement framework already exists. 
        The Committee seeks to avoid regulation and 
        requirements duplicative of those currently enforced by 
        State and Federal agencies. Therefore, this section is 
        intended to restate existing laws and is not intended 
        to expand the FTC's jurisdiction, powers, and duties as 
        though applicable terms and provisions of the Federal 
        Trade Commission Act (15 U.S.C. 41 et seq.) were 
        incorporated into and made a part of this act.

    I disagree ``that a robust privacy protection and 
enforcement framework exists.'' State and Federal law provide 
limited protection from UAS commercial operators that would 
collect and use large amounts of consumers' personal 
information. To be sure, certain state and local criminal 
statutes, such as ``peeping tom'' and harassment laws, as well 
as a patchwork of common law doctrines, protect consumers from 
drone operators engaging in criminal or tortious behavior that 
violates an individual's personal space - particularly within 
the home. But these laws do little (if anything) to address UAS 
operators that record, collect, store, and use personal 
information about consumers who are in the public space. As 
commercial UAS operations become more common and drones fill 
our skies, it will be increasingly possible to capture snap 
shots of where consumers are at any particular moment and to 
track their activities over time.
    Furthermore, federal law provides consumers with inadequate 
protection from these practices. As is the case in the wider 
commercial marketplace, the Federal Trade Commission (FTC) may 
bring enforcement actions (pursuant to section 5 of the FTC Act 
and its broad prohibition against deceptive practices) against 
commercial UAS operators that violate their own stated, 
company-driven privacy policies. However, nothing in current 
law, nor in the bill, requires such operators to adopt privacy 
policies in the first place. Furthermore, there is nothing in 
current law or in the bill that would set baseline standards 
for such privacy policies. Thus, those commercial operators 
that choose to adopt privacy policies - which can be obscure 
and written in legalese - are largely free to collect and use 
consumers' personal information however they choose, as long as 
those policies state such practices.
    As such, section 2103 of the bill simply restates current 
law: the FTC already may bring an enforcement action against 
UAS operators that violate the terms of their privacy policies. 
The bill re-codifies what the FTC is currently authorized to do 
under section 5 of the FTC Act and provides no additional 
protections for consumers.

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

    I appreciate the work that Senators Manchin, Inhofe, and 
Thune have done to address safety concerns with the original 
Pilot's Bill of Rights 2 bill. That progress is reflected in 
the substitute amendment offered by Senator Manchin and adopted 
at the Committee's Executive Session on December 9, 2015.
    The public, both in the air and on the ground, relies on 
the safety of our aviation system. As I noted in my remarks at 
the Executive Session of this Committee on November 18, 2015, 
we have the safest aviation system in the world, and we must 
ensure our ability to uphold that standard. That is the trust 
the public has put in us.
    Senator Manchin's December 9, 2015, substitute amendment 
included several important improvements based on the amendments 
that I filed to this bill for the Executive Session of this 
Committee on November 18, 2015. Though my amendments were not 
adopted at that time, the bill that was passed by this 
Committee on December 9, 2015, as amended by Senator Manchin's 
substitute, reflects their intent, to preserve safety in the 
context of this bill wherever possible.
    One area of improvement in the December 9, 2015, substitute 
amendment is the removal of a provision that would have 
insulated roughly 7,000 individuals operating in the aviation 
safety area from liability if they failed to carry out their 
duties responsibly. This liability exemption would have 
included Aviation Medical Examiners, Pilot Examiners, and 
Designated Airworthiness Representatives who conduct the 
testing and inspections for aviation manufacturing and 
maintenance. Designing and maintaining passenger aircraft, and 
certifying the commercial pilots who fly those aircraft, are 
safety critical responsibilities, and should not be shielded 
from accountability. That section of the bill has been removed.
    Several other sections have been modified, including 
provisions addressing the FAA reexamination of pilots, notam, 
and the process for appeals from FAA certificate actions. We 
have endeavored to strike the appropriate balance with 
procedural rights for airmen that facilitate transparency and 
allow access to U.S. District Court, while not limiting the 
FAA's ability to take action when there is evidence that a 
pilot is not safe or competent to fly.
    Perhaps the most important safety measure that has been 
adopted in the revised bill is the inclusion of a comprehensive 
checklist for medical examinations. If we are going to move 
from a system that involves Aviation Medical Examiners to a 
system that allows pilots to self-certify and see their own 
personal physicians, we must set standards for pilots and 
doctors to follow. The legislation now requires the FAA to 
develop a checklist for pilots to complete and for physicians 
to follow during the comprehensive medical examination that a 
pilot must certify to every 4 years. Pilots must also confirm 
that they do not know of any medical condition that would 
render them unsafe to fly. That requires ongoing monitoring on 
their part. Taken together, these provisions will help to 
ensure that pilots are medically fit to fly when they enter the 
national airspace and that the safety of our system is 
preserved.
    While I believe the bill has been improved, I continue to 
have reservations about the legislation. The two dozen 
amendments that I filed for the Executive Session on November 
18, 2015, contain many additional improvements to the bill that 
I hope my colleagues will consider adopting as this bill moves 
forward.
    On the operational side, this includes reducing the maximum 
altitude of the medical exemption in this bill to 10,000 feet, 
where pressurized cabins are not required and well below the 
cruising altitude of commercial aircraft, and limiting the 
number of passengers to one instead of five. I also filed an 
amendment to ensure an FAA-certified Aviation Medical Examiner 
has cleared pilots who wish to fly under this medical exemption 
within the past 5 years, not within the last decade.
    Furthermore, while I appreciate the inclusion of a 
checklist for pilots' medical exams and the additional 
attestation required for pilots with serious mental or 
neurological conditions, additional amendments I proposed to 
strengthen the medical standards were not adopted. These 
include amendments to require physicians to certify that they 
had treated medical conditions that might impact a pilot's 
ability to fly, to expand the list of medical conditions that 
would require additional review beyond those listed in this 
bill to include any condition that could interfere with the 
ability to operate an aircraft, to allow physicians to alert 
the FAA if a pilot has a mental or neurological condition that 
may render them unable to safely fly, and to permit FAA 
physicians to review a pilot's cardiovascular condition and 
treatment before allowing them to get back in the cockpit.
    Furthermore, I proposed that this exemption sunset in 5 
years, just after the release of a NTSB study of the safety 
effects of this medical exemption required under this bill, so 
that Congress can evaluate any adverse impacts and determine 
whether to extend the exemption. It is our responsibility to 
understand the safety implications of decisions regarding the 
national airspace system and the airmen and aircraft operating 
in that system.
    I appreciate the willingness of Chairman Thune and the 
bill's lead sponsors, Senators Inhofe and Manchin, to engage in 
an ongoing dialogue and meaningful negotiations that led to 
these improvements. I look forward to continue working with 
them to perfect the legislation, and we must continue working 
together in a bipartisan fashion to ensure that all issues 
related to aviation safety are addressed in a comprehensive, 
long-term authorization bill.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES


                          PART III. EMPLOYEES

                   SUBPART G. INSURANCE AND ANNUITIES

            CHAPTER 84. FEDERAL EMPLOYEES' RETIREMENT SYSTEM

                      SUBCHAPTER II. BASIC ANNUITY

Sec. 8415. Computation of basic annuity

           *       *       *       *       *       *       *


  [(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 had at 
least 5 years of service as 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.]
  (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.\1\
---------------------------------------------------------------------------
    \1\ The amendment to section 8415(f) of title 5, United States 
Code, shall be deemed to be effective on December 12, 2003.

           *       *       *       *       *       *       *

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Sec. 8421a. Reductions on account of earnings from work performed while 
                    entitled to annuity supplement

  (a) [The amount] Except as provided in subsection (c), the 
amount of the annuity supplement to which an individual is 
entitled under section 8421 for any month (determined without 
regard to subsection (c) of such section) shall be reduced by 
the amount of any excess earnings of such individual which are 
required to be charged to such supplement for such month, as 
determined under subsection (b).
  (b) The amount of an individual's excess earnings shall be 
charged to months as follows:
          (1)(A) There shall be charged to each month of a year 
        under subsection (a) an amount equal to the 
        individual's excess earnings (as determined under 
        paragraph (2) with respect to such year), divided by 
        the number of the individual's supplement entitlement 
        months for such year (as determined under paragraph 
        (3)).
                  (B) Notwithstanding subparagraph (A), the 
                amount charged to a month under subsection (a) 
                may not exceed the amount of the annuity 
                supplement to which the individual is entitled 
                under section 8421 for such month (determined 
                without regard to subsection (c) of such 
                section).
          (2) The excess earnings based on which reductions 
        under subsection (a) shall be made with respect to an 
        individual in a year--
                  (A) shall be equal to 50 percent of so much 
                of such individual's earnings for the 
                immediately preceding year as exceeds the 
                applicable exempt amount for such preceding 
                year; but
                  (B) may not exceed the total amount of the 
                annuity supplement payments to which such 
                individual was entitled for such preceding year 
                under section 8421 (determined without regard 
                to subsection (c) of such section, and without 
                regard to this section).
          (3)(A) Subject to subparagraph (B), the number of an 
        individual's supplement entitlement months for a year 
        shall be 12.
                  (B) The number determined under subparagraph 
                (A) shall be reduced so as not to include any 
                month after which such individual ceases to be 
                entitled to an annuity supplement by reason of 
                section 8421(a)(3)(B), relating to cessation of 
                entitlement upon attaining age 62.
          (4)(A) For purposes of this section, and except as 
        provided in subparagraph (B), the ``earnings'' and the 
        ``applicable exempt amount'' of an individual shall be 
        determined in a manner consistent with applicable 
        provisions of section 203 of the Social Security Act.
                  (B) For purposes of this section--
                          (i) in determining the excess 
                        earnings of any individual, only 
                        earnings attributable to periods during 
                        which such individual was entitled to 
                        an annuity supplement under section 
                        8421 shall be considered; and
                          (ii) any earnings attributable to a 
                        period before attaining the applicable 
                        retirement age under section 8412(h) 
                        shall not be considered in determining 
                        the excess earnings of an individual 
                        who retires under section 8412(d) or 
                        (e), or section 8414(c).
          (5) Notwithstanding paragraphs (1) through (4), the 
        reduction required by subsection (a) shall be effective 
        with respect to the annuity supplement payable for each 
        month in the 12-month period beginning on the first day 
        of the seventh month after the end of the calendar year 
        in which the excess earnings were earned.
  (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).
  [(c)](d)The Office shall prescribe regulations under which 
this section shall be applied in the case of a reemployed 
annuitant.

                        TITLE 49. TRANSPORTATION


                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec. 106. Federal Aviation Administration

           *       *       *       *       *       *       *


  (k) Authorization of Appropriations for Operations.--
          (1) Salaries, operations, and maintenance.--There is 
        authorized to be appropriated to the Secretary of 
        Transportation for salaries, operations, and 
        maintenance of the Administration--
                  [(A) $9,653,000,000 for fiscal year 2012;
                  [(B) $9,539,000,000 for fiscal year 2013;
                  [(C) $9,596,000,000 for fiscal year 2014;
                  [(D) $9,653,000,000 for fiscal year 2015; and
                  [(E) $4,870,350,000 for the period beginning 
                on October 1, 2015, and ending on March 31, 
                2016.]
                  (A) $9,910,009,314 for fiscal year 2016; and
                  (B) $10,025,361,111 for fiscal year 2017.
          Such sums shall remain available until expended.
          (2) Authorized expenditures.--Out of amounts 
        appropriated under paragraph (1), the following 
        expenditures are authorized:
                  (A) Such sums as may be necessary [for fiscal 
                years 2012 through 2015] for fiscal years 2016 
                through 2017 to carry out and expand the Air 
                Traffic Control Collegiate Training Initiative.
                  (B) Such sums as may be necessary [for fiscal 
                years 2012 through 2015] for fiscal years 2016 
                through 2017 for the completion of the Alaska 
                aviation safety project with respect to the 3 
                dimensional mapping of Alaska's main aviation 
                corridors.
                  (C) Such sums as may be necessary [for fiscal 
                years 2012 through 2015] for fiscal years 2016 
                through 2017 to carry out the Aviation Safety 
                Reporting System and the development and 
                maintenance of helicopter approach procedures.
          (3) Administering program within available funding.--
        Notwithstanding any other provision of law, in each of 
        fiscal years [2012 through 2015 and for the period 
        beginning on October 1, 2015, and ending on July 15, 
        2016] 2016 through 2017, if the Secretary determines 
        that the funds appropriated under paragraph (1) are 
        insufficient to meet the salary, operations, and 
        maintenance expenses of the Federal Aviation 
        Administration, as authorized by this section, the 
        Secretary shall reduce nonsafety-related activities of 
        the Administration as necessary to reduce such expenses 
        to a level that can be met by the funding available 
        under paragraph (1).

           *       *       *       *       *       *       *

  (s) Chief NextGen Officer.--
          (1) In general.--
                  (A) Appointment.--There shall be a Chief 
                NextGen Officer appointed by the Administrator, 
                with the approval of the Secretary. The Chief 
                NextGen Officer shall report directly to the 
                Administrator and shall be subject to the 
                authority of the Administrator.
                  (B) Qualifications.--The Chief NextGen 
                Officer shall have a demonstrated ability in 
                management and knowledge of or experience in 
                aviation and systems engineering.
                  (C) Term.--The Chief NextGen Officer shall be 
                appointed for a term of 5 years.
                  (D) Removal.--The Chief NextGen Officer shall 
                serve at the pleasure of the Administrator, 
                except that the Administrator shall make every 
                effort to ensure stability and continuity in 
                the leadership of the implementation of 
                NextGen.
                  (E) Vacancy.--Any individual appointed to 
                fill a vacancy in the position of Chief NextGen 
                Officer occurring before the expiration of the 
                term for which the individual's predecessor was 
                appointed shall be appointed for the remainder 
                of that term.
          (2) Compensation.--
                  (A) In general.--The Chief NextGen Officer 
                shall be paid at an annual rate of basic pay to 
                be determined by the Administrator. The annual 
                rate may not exceed the annual compensation 
                paid under section 102 of title 3. The Chief 
                NextGen Officer shall be subject to the 
                postemployment provisions of section 207 of 
                title 18 as if the position of Chief NextGen 
                Officer were described in section 
                207(c)(2)(A)(i) of that title.
                  (B) Bonus.--In addition to the annual rate of 
                basic pay authorized by subparagraph (A), the 
                Chief NextGen Officer may receive a bonus for 
                any calendar year not to exceed 30 percent of 
                the annual rate of basic pay, based upon the 
                Administrator's evaluation of the Chief NextGen 
                Officer's performance in relation to the 
                performance goals set forth in the performance 
                agreement described in paragraph (3). 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).
          (3) Annual performance agreement.--The Administrator 
        and the Chief NextGen Officer, in consultation with the 
        Federal Aviation Management Advisory Council, shall 
        enter into an annual performance agreement that sets 
        forth measurable organization and individual goals for 
        the Chief NextGen Officer in key operational areas. The 
        agreement shall be subject to review and renegotiation 
        on an annual basis. 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).
          (4) Annual performance report.--The Chief NextGen 
        Officer shall prepare and transmit to the Secretary of 
        Transportation, the Committee on Transportation and 
        Infrastructure of the House of Representatives, the 
        Committee on Science, Space, and Technology of the 
        House of Representatives, and the Committee on 
        Commerce, Science, and Transportation of the Senate an 
        annual management report containing such information as 
        may be prescribed by the Secretary.
          (5) Responsibilities.--The responsibilities of the 
        Chief NextGen Officer include the following:
                  (A) Implementing NextGen activities and 
                budgets across all program offices of the 
                Federal Aviation Administration.
                  (B) Coordinating the implementation of 
                NextGen activities with the Office of 
                Management and Budget.
                  (C) Reviewing and providing advice on the 
                Administration's modernization programs, 
                budget, and cost accounting system with respect 
                to NextGen.
                  (D) With respect to the budget of the 
                Administration--
                          (i) developing a budget request of 
                        the Administration related to the 
                        implementation of NextGen;
                          (ii) submitting such budget request 
                        to the Administrator; and
                          (iii) ensuring that the budget 
                        request supports the annual and long-
                        range strategic plans of the 
                        Administration with respect to NextGen.
                  (E) Consulting with the Administrator on the 
                Capital Investment Plan of the Administration 
                prior to its submission to Congress.
                  (F) Developing an annual NextGen 
                implementation plan.
                  (G) Ensuring that NextGen implementation 
                activities are planned in such a manner as to 
                require that system architecture is designed to 
                allow for the incorporation of novel and 
                currently unknown technologies into NextGen in 
                the future and that current decisions do not 
                bias future decisions unfairly in favor of 
                existing technology at the expense of 
                innovation.
                  (H) Coordinating with the NextGen Joint 
                Planning and Development Office with respect to 
                facilitating cooperation among all Federal 
                agencies whose operations and interests are 
                affected by the implementation of NextGen.
          (6) Exception.--If the Administrator appoints as the 
        Chief NextGen Officer, pursuant to paragraph (1)(A), an 
        Executive Schedule employee covered by section 5315 of 
        title 5, then paragraphs (1)(B), (1)(C), (2), and (3) 
        of this subsection shall not apply to such employee.
          (7) Nextgen defined.--For purposes of this 
        subsection, the term ``NextGen'' means the Next 
        Generation Air Transportation System.

           *       *       *       *       *       *       *

  (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.

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

             SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

Sec. 1113. Administrative

           *       *       *       *       *       *       *


  [(h) Investigative Officers.--The Board shall maintain at 
least 1 full-time employee in each State located more than 
1,000 miles from the nearest Board regional office to provide 
initial investigative response to accidents the Board is 
empowered to investigate under this chapter that occur in that 
State.]

                       SUBCHAPTER III. AUTHORITY

Sec. 1136. Assistance to families of passengers involved in aircraft 
                    accidents

  (a) In General.--As soon as practicable after being notified 
of an [aircraft accident within the United States involving an 
air carrier or foreign air carrier and resulting in a major 
loss of life] 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, the Chairman of the National 
Transportation Safety Board shall--
          (1) designate and publicize the name and phone number 
        of a director of family support services who shall be 
        an employee of the Board and shall be responsible for 
        acting as a point of contact within the Federal 
        Government for the families of passengers involved in 
        the accident and a liaison between the air carrier or 
        foreign air carrier and the families; and
          (2) designate an independent nonprofit organization, 
        with experience in disasters and posttrauma 
        communication with families, which shall have primary 
        responsibility for coordinating the emotional care and 
        support of the families of passengers involved in the 
        accident.

           *       *       *       *       *       *       *


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                           SUBPART I. GENERAL

                    CHAPTER 401. GENERAL PROVISIONS

Sec. 40102. Definitions

  (a) General Definitions.--In this part:
          (1) ``aeronautics'' means the science and art of 
        flight.
          (2) ``air carrier'' means a citizen of the United 
        States undertaking by any means, directly or 
        indirectly, to provide air transportation.
          (3) ``air commerce'' means foreign air commerce, 
        interstate air commerce, the transportation of mail by 
        aircraft, the operation of aircraft within the limits 
        of a Federal airway, or the operation of aircraft that 
        directly affects, or may endanger safety in, foreign or 
        interstate air commerce.
          (4) ``air navigation facility'' means a facility 
        used, available for use, or designed for use, in aid of 
        air navigation, including--
                  (A) a landing area;
                  (B) runway lighting and airport surface 
                visual and other navigation aids;
                  (C) apparatus, equipment, software, or 
                service for distributing aeronautical and 
                meteorological information to air traffic 
                control facilities or aircraft;
                  (D) communication, navigation, or 
                surveillance equipment for air-to-ground or 
                air-to-air applications;
                  (E) any structure, equipment, or mechanism 
                for guiding or controlling flight in the air or 
                the landing and takeoff of aircraft; and
                  (F) buildings, equipment, and systems 
                dedicated to the national airspace system.
          (5) ``air transportation'' means foreign air 
        transportation, interstate air transportation, or the 
        transportation of mail by aircraft.
          (6) ``aircraft'' means any contrivance invented, 
        used, or designed to navigate, or fly in, the air.
          (7) ``aircraft engine'' means an engine used, or 
        intended to be used, to propel an aircraft, including a 
        part, appurtenance, and accessory of the engine, except 
        a propeller.
          (8) ``airman'' means an individual--
                  (A) in command, or as pilot, mechanic, or 
                member of the crew, who navigates aircraft when 
                under way;
                  (B) except to the extent the Administrator of 
                the Federal Aviation Administration may provide 
                otherwise for individuals employed outside the 
                United States, who is directly in charge of 
                inspecting, maintaining, overhauling, or 
                repairing aircraft, aircraft engines, 
                propellers, or appliances; or
                  (C) who serves as an aircraft dispatcher or 
                air traffic control-tower operator.
          (9) ``airport'' means a landing area used regularly 
        by aircraft for receiving or discharging passengers or 
        cargo.
          (10) ``all-cargo air transportation'' means the 
        transportation by aircraft in interstate air 
        transportation of only property or only mail, or both.
          (11) ``appliance'' means an instrument, equipment, 
        apparatus, a part, an appurtenance, or an accessory 
        used, capable of being used, or intended to be used, in 
        operating or controlling aircraft in flight, including 
        a parachute, communication equipment, and another 
        mechanism installed in or attached to aircraft during 
        flight, and not a part of an aircraft, aircraft engine, 
        or propeller.
          (12) ``cargo'' means property, mail, or both.
          (13) ``charter air carrier'' means an air carrier 
        holding a certificate of public convenience and 
        necessity that authorizes it to provide charter air 
        transportation.
          (14) ``charter air transportation'' means charter 
        trips in air transportation authorized under this part.
          (15) ``citizen of the United States'' means--
                  (A) an individual who is a citizen of the 
                United States;
                  (B) a partnership each of whose partners is 
                an individual who is a citizen of the United 
                States; or
                  (C) a corporation or association organized 
                under the laws of the United States or a State, 
                the District of Columbia, or a territory or 
                possession of the United States, of which the 
                president and at least two-thirds of the board 
                of directors and other managing officers are 
                citizens of the United States, which is under 
                the actual control of citizens of the United 
                States, and in which at least 75 percent of the 
                voting interest is owned or controlled by 
                persons that are citizens of the United States.
          (16) ``civil aircraft'' means an aircraft except a 
        public aircraft.
          (17) ``civil aircraft of the United States'' means an 
        aircraft registered under chapter 441 of this title.
          (18) ``conditional sales contract'' means a 
        contract--
                  (A) for the sale of an aircraft, aircraft 
                engine, propeller, appliance, or spare part, 
                under which the buyer takes possession of the 
                property but title to the property vests in the 
                buyer at a later time on--
                          (i) paying any part of the purchase 
                        price;
                          (ii) performing another condition; or
                          (iii) the happening of a contingency; 
                        or
                  (B) to bail or lease an aircraft, aircraft 
                engine, propeller, appliance, or spare part, 
                under which the bailee or lessee--
                          (i) agrees to pay an amount 
                        substantially equal to the value of the 
                        property; and
                          (ii) is to become, or has the option 
                        of becoming, the owner of the property 
                        on complying with the contract.
          (19) ``conveyance'' means an instrument, including a 
        conditional sales contract, affecting title to, or an 
        interest in, property.
          (20) ``Federal airway'' means a part of the navigable 
        airspace that the Administrator designates as a Federal 
        airway.
          (21) ``foreign air carrier'' means a person, not a 
        citizen of the United States, undertaking by any means, 
        directly or indirectly, to provide foreign air 
        transportation.
          (22) ``foreign air commerce'' means the 
        transportation of passengers or property by aircraft 
        for compensation, the transportation of mail by 
        aircraft, or the operation of aircraft in furthering a 
        business or vocation, between a place in the United 
        States and a place outside the United States when any 
        part of the transportation or operation is by aircraft.
          (23) ``foreign air transportation'' means the 
        transportation of passengers or property by aircraft as 
        a common carrier for compensation, or the 
        transportation of mail by aircraft, between a place in 
        the United States and a place outside the United States 
        when any part of the transportation is by aircraft.
          (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.
          [(24)](25) ``interstate air commerce'' means the 
        transportation of passengers or property by aircraft 
        for compensation, the transportation of mail by 
        aircraft, or the operation of aircraft in furthering a 
        business or vocation--
                  (A) between a place in--
                          (i) a State, territory, or possession 
                        of the United States and a place in the 
                        District of Columbia or another State, 
                        territory, or possession of the United 
                        States;
                          (ii) a State and another place in the 
                        same State through the airspace over a 
                        place outside the State;
                          (iii) the District of Columbia and 
                        another place in the District of 
                        Columbia; or
                          (iv) a territory or possession of the 
                        United States and another place in the 
                        same territory or possession; and
                  (B) when any part of the transportation or 
                operation is by aircraft.
          [(25)](26) ``interstate air transportation'' means 
        the transportation of passengers or property by 
        aircraft as a common carrier for compensation, or the 
        transportation of mail by aircraft--
                  (A) between a place in--
                          (i) a State, territory, or possession 
                        of the United States and a place in the 
                        District of Columbia or another State, 
                        territory, or possession of the United 
                        States;
                          (ii) Hawaii and another place in 
                        Hawaii through the airspace over a 
                        place outside Hawaii;
                          (iii) the District of Columbia and 
                        another place in the District of 
                        Columbia; or
                          (iv) a territory or possession of the 
                        United States and another place in the 
                        same territory or possession; and
                  (B) when any part of the transportation is by 
                aircraft.
          [(26)](27) ``intrastate air carrier'' means a citizen 
        of the United States undertaking by any means to 
        provide only intrastate air transportation.
          [(27)](28) ``intrastate air transportation'' means 
        the transportation by a common carrier of passengers or 
        property for compensation, entirely in the same State, 
        by turbojet-powered aircraft capable of carrying at 
        least 30 passengers.
          [(28)](29) ``landing area'' means a place on land or 
        water, including an airport or intermediate landing 
        field, used, or intended to be used, for the takeoff 
        and landing of aircraft, even when facilities are not 
        provided for sheltering, servicing, or repairing 
        aircraft, or for receiving or discharging passengers or 
        cargo.
          [(29)](30) ``large hub airport'' means a commercial 
        service airport (as defined in section 47102) that has 
        at least 1.0 percent of the passenger boardings.
          [(30)](31) ``mail'' means United States mail and 
        foreign transit mail.
          [(31)](32) ``medium hub airport'' means a commercial 
        service airport (as defined in section 47102) that has 
        at least 0.25 percent but less than 1.0 percent of the 
        passenger boardings.
          [(32)](33) ``navigable airspace'' means airspace 
        above the minimum altitudes of flight prescribed by 
        regulations under this subpart and subpart III of this 
        part, including airspace needed to ensure safety in the 
        takeoff and landing of aircraft.
          [(33)](34) ``navigate aircraft'' and ``navigation of 
        aircraft'' include piloting aircraft.
          [(34)](35) ``nonhub airport'' means a commercial 
        service airport (as defined in section 47102) that has 
        less than 0.05 percent of the passenger boardings.
          [(35)](36) ``operate aircraft'' and ``operation of 
        aircraft'' mean using aircraft for the purposes of air 
        navigation, including--
                  (A) the navigation of aircraft; and
                  (B) causing or authorizing the operation of 
                aircraft with or without the right of legal 
                control of the aircraft.
          [(36)](37) ``passenger boardings''--
                  (A) means, unless the context indicates 
                otherwise, revenue passenger boardings in the 
                United States in the prior calendar year on an 
                aircraft in service in air commerce, as the 
                Secretary determines under regulations the 
                Secretary prescribes; and
                  (B) includes passengers who continue on an 
                aircraft in international flight that stops at 
                an airport in the 48 contiguous States, Alaska, 
                or Hawaii for a nontraffic purpose.
          [(37)](38) ``person'', in addition to its meaning 
        under section 1 of title 1, includes a governmental 
        authority and a trustee, receiver, assignee, and other 
        similar representative.
          [(38)](39) ``predatory'' means a practice that 
        violates the antitrust laws as defined in the first 
        section of the Clayton Act (15 U.S.C. 12).
          [(39)](40) ``price'' means a rate, fare, or charge.
          [(40)](41) ``propeller'' includes a part, 
        appurtenance, and accessory of a propeller.
          [(41)](42) ``public aircraft'' means any of the 
        following:
                  (A) Except with respect to an aircraft 
                described in subparagraph (E), an aircraft used 
                only for the United States Government, except 
                as provided in section 40125(b).
                  (B) An aircraft owned by the Government and 
                operated by any person for purposes related to 
                crew training, equipment development, or 
                demonstration, except as provided in section 
                40125(b).
                  (C) An aircraft owned and operated by the 
                government of a State, the District of 
                Columbia, or a territory or possession of the 
                United States or a political subdivision of one 
                of these governments, except as provided in 
                section 40125(b).
                  (D) An aircraft exclusively leased for at 
                least 90 continuous days by the government of a 
                State, the District of Columbia, or a territory 
                or possession of the United States or a 
                political subdivision of one of these 
                governments, except as provided in section 
                40125(b).
                  (E) An aircraft owned or operated by the 
                armed forces or chartered to provide 
                transportation or other commercial air service 
                to the armed forces under the conditions 
                specified by section 40125(c). In the preceding 
                sentence, the term ``other commercial air 
                service'' means an aircraft operation that (i) 
                is within the United States territorial 
                airspace; (ii) the Administrator of the Federal 
                Aviation Administration determines is available 
                for compensation or hire to the public, and 
                (iii) must comply with all applicable civil 
                aircraft rules under title 14, Code of Federal 
                Regulations.
                  (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).
          [(42)](43) ``small hub airport'' means a commercial 
        service airport (as defined in section 47102) that has 
        at least 0.05 percent but less than 0.25 percent of the 
        passenger boardings.
          [(43)](44) ``spare part'' means an accessory, 
        appurtenance, or part of an aircraft (except an 
        aircraft engine or propeller), aircraft engine (except 
        a propeller), propeller, or appliance, that is to be 
        installed at a later time in an aircraft, aircraft 
        engine, propeller, or appliance.
          [(44)](45) ``State authority'' means an authority of 
        a State designated under State law--
                  (A) to receive notice required to be given a 
                State authority under subpart II of this part; 
                or
                  (B) as the representative of the State before 
                the Secretary of Transportation in any matter 
                about which the Secretary is required to 
                consult with or consider the views of a State 
                authority under subpart II of this part.
          [(45)](46) ``ticket agent'' means a person (except an 
        air carrier, a foreign air carrier, or an employee of 
        an air carrier or foreign air carrier) that as a 
        principal or agent sells, offers for sale, negotiates 
        for, or holds itself out as selling, providing, or 
        arranging for, air transportation.
          [(46)](47) ``United States'' means the States of the 
        United States, the District of Columbia, and the 
        territories and possessions of the United States, 
        including the territorial sea and the overlying 
        airspace.
          [(47)](48) ``air traffic control system'' means the 
        combination of elements used to safely and efficiently 
        monitor, direct, control, and guide aircraft in the 
        United States and United States-assigned airspace, 
        including--
                  (A) allocated electromagnetic spectrum and 
                physical, real, personal, and intellectual 
                property assets making up facilities, 
                equipment, and systems employed to detect, 
                track, and guide aircraft movement;
                  (B) laws, regulations, orders, directives, 
                agreements, and licenses;
                  (C) published procedures that explain 
                required actions, activities, and techniques 
                used to ensure adequate aircraft separation; 
                and
                  (D) trained personnel with specific technical 
                capabilities to satisfy the operational, 
                engineering, management, and planning 
                requirements for air traffic control.
  (b) Limited Definition.--In subpart II of this part, 
``control'' means control by any means.

Sec. 40104. Promotion of civil aeronautics and safety of air commerce

  (a) Developing Civil Aeronautics and Safety of Air 
Commerce.--The Administrator of the Federal Aviation 
Administration shall encourage the development of civil 
aeronautics and safety of air commerce in and outside the 
United States. In carrying out this subsection, the 
Administrator shall take action that the Administrator 
considers necessary to establish, within available resources, a 
program to distribute civil aviation information in each region 
served by the Administration. The program shall provide, on 
request, informational material and expertise on civil aviation 
to State and local school administrators, college and 
university officials, and officers of other interested 
organizations.
  (b) International Role of the FAA.--The Administrator shall 
promote and achieve global improvements in the safety, 
efficiency, and environmental effect of air travel by 
exercising leadership with the Administrator's foreign 
counterparts, in the International Civil Aviation Organization 
and its subsidiary organizations, and other international 
organizations and fora, and with the private sector.
  (c) Airport Capacity Enhancement Projects at Congested 
Airports.--In carrying out subsection (a), the Administrator 
shall take action to encourage the construction of airport 
capacity enhancement projects at congested airports as those 
terms are defined in section [47176] 47175.
  (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. 40117. Passenger facility charges

           *       *       *       *       *       *       *


  (b) General Authority.--
          (1) The Secretary of Transportation may authorize 
        under this section an eligible agency to impose a 
        passenger facility charge of $1, $2, or $3 on each 
        paying passenger of an air carrier or foreign air 
        carrier boarding an aircraft at an airport the agency 
        controls to finance an eligible airport-related 
        project, including making payments for debt service on 
        indebtedness incurred to carry out the project, to be 
        carried out in connection with the airport or any other 
        airport the agency controls.
          (2) A State, political subdivision of a State, or 
        authority of a State or political subdivision that is 
        not the eligible agency may not regulate or prohibit 
        the imposition or collection of a passenger facility 
        charge or the use of the passenger facility revenue.
          (3) A passenger facility charge may be imposed on a 
        passenger of an air carrier or foreign air carrier 
        originating or connecting at the commercial service 
        airport that the agency controls.
          (4) In lieu of authorizing a charge under paragraph 
        (1), the Secretary may authorize under this section an 
        eligible agency to impose a passenger facility charge 
        of $4.00 or $4.50 on each paying passenger of an air 
        carrier or foreign air carrier boarding an aircraft at 
        an airport the agency controls to finance an eligible 
        airport-related project, including making payments for 
        debt service on indebtedness incurred to carry out the 
        project[, if the Secretary finds--].
                  [(A) in the case of an airport that has more 
                than .25 percent of the total number of annual 
                boardings in the United States, that the 
                project will make a significant contribution to 
                improving air safety and security, increasing 
                competition among air carriers, reducing 
                current or anticipated congestion, or reducing 
                the impact of aviation noise on people living 
                near the airport; and
                  [(B) that the project cannot be paid for from 
                funds reasonably expected to be available for 
                the programs referred to in section 48103.]
          (5) Maximum cost for certain low-emission technology 
        projects.--The maximum cost that may be financed by 
        imposition of a passenger facility charge under this 
        section for a project described in subsection (a)(3)(G) 
        with respect to a vehicle or ground support equipment 
        may not exceed the incremental amount of the project 
        cost that is greater than the cost of acquiring a 
        vehicle or equipment that is not low-emission and would 
        be used for the same purpose, or the cost of low-
        emission retrofitting, as determined by the Secretary.
          (6) Debt service for certain projects.--In addition 
        to the uses specified in paragraphs (1) and (4), the 
        Secretary may authorize a passenger facility charge 
        imposed under paragraph (1) or (4) to be used for 
        making payments for debt service on indebtedness 
        incurred to carry out at the airport a project that is 
        not an eligible airport-related project if the 
        Secretary determines that such use is necessary due to 
        the financial need of the airport.
          (7) Noise mitigation for certain schools.--
                  (A) In general.--In addition to the uses 
                specified in paragraphs (1), (4), and (6), the 
                Secretary may authorize a passenger facility 
                charge imposed under paragraph (1) or (4) at a 
                large hub airport that is the subject of an 
                amended judgment and final order in 
                condemnation filed on January 7, 1980, by the 
                Superior Court of the State of California for 
                the county of Los Angeles, to be used for a 
                project to carry out noise mitigation for a 
                building, or for the replacement of a 
                relocatable building with a permanent building, 
                in the noise impacted area surrounding the 
                airport at which such building is used 
                primarily for educational purposes, 
                notwithstanding the air easement granted or any 
                terms to the contrary in such judgment and 
                final order, if--
                          (i) the Secretary determines that the 
                        building is adversely affected by 
                        airport noise;
                          (ii) the building is owned or 
                        chartered by the school district that 
                        was the plaintiff in case number 
                        986,442 or 986,446, which was resolved 
                        by such judgment and final order;
                          (iii) the project is for a school 
                        identified in 1 of the settlement 
                        agreements effective February 16, 2005, 
                        between the airport and each of the 
                        school districts;
                          (iv) in the case of a project to 
                        replace a relocatable building with a 
                        permanent building, the eligible 
                        project costs are limited to the actual 
                        structural construction costs necessary 
                        to mitigate aircraft noise in 
                        instructional classrooms to an interior 
                        noise level meeting current standards 
                        of the Federal Aviation Administration; 
                        and
                          (v) the project otherwise meets the 
                        requirements of this section for 
                        authorization of a passenger facility 
                        charge.
                  (B) Eligible project costs.--In subparagraph 
                (A)(iv), the term ``eligible project costs'' 
                means the difference between the cost of 
                standard school construction and the cost of 
                construction necessary to mitigate classroom 
                noise to the standards of the Federal Aviation 
                Administration.

           *       *       *       *       *       *       *

  (l) Pilot Program for Passenger Facility Charge 
Authorizations at [Nonhub] Certain Airports.--
          (1) In general.--The Secretary shall establish a 
        pilot program to test alternative procedures for 
        authorizing eligible agencies for [nonhub] nonhub, 
        small hub, medium hum, and large hub airports to impose 
        passenger facility charges. An eligible agency may 
        impose in accordance with the provisions of this 
        subsection a passenger facility charge under this 
        section. For purposes of the pilot program, the 
        procedures in this subsection shall apply instead of 
        the procedures otherwise provided in this section.
          (2) Notice and opportunity for consultation.--The 
        eligible agency must provide reasonable notice and an 
        opportunity for consultation to air carriers and 
        foreign air carriers in accordance with subsection 
        (c)(2) and must provide reasonable notice and 
        opportunity for public comment in accordance with 
        subsection (c)(3).
          (3) Notice of intention.--The eligible agency must 
        submit to the Secretary a notice of intention to impose 
        a passenger facility charge under this subsection. The 
        notice shall include--
                  (A) information that the Secretary may 
                require by regulation on each project for which 
                authority to impose a passenger facility charge 
                is sought;
                  (B) the amount of revenue from passenger 
                facility charges that is proposed to be 
                collected for each project; and
                  (C) the level of the passenger facility 
                charge that is proposed.
          (4) Acknowledgement of receipt and indication of 
        objection.--The Secretary shall acknowledge receipt of 
        the notice and indicate any objection to the imposition 
        of a passenger facility charge under this subsection 
        for any project identified in the notice within 30 days 
        after receipt of the eligible agency's notice.
          (5) Authority to impose charge.--Unless the Secretary 
        objects within 30 days after receipt of the eligible 
        agency's notice, the eligible agency is authorized to 
        impose a passenger facility charge in accordance with 
        the terms of its notice under this subsection.
          (6) Regulations.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary 
        shall propose such regulations as may be necessary to 
        carry out this subsection.
          (7) Acknowledgement not an order.--An acknowledgement 
        issued under paragraph (4) shall not be considered an 
        order issued by the Secretary for purposes of section 
        46110.
  (m) Financial Management of Charges.--
          (1) Handling of charges.--A covered air carrier shall 
        segregate in a separate account passenger facility 
        revenue equal to the average monthly liability for 
        charges collected under this section by such carrier or 
        any of its agents for the benefit of the eligible 
        agencies entitled to such revenue.
          (2) Trust fund status.--If a covered air carrier or 
        its agent fails to segregate passenger facility revenue 
        in violation of the subsection, the trust fund status 
        of such revenue shall not be defeated by an inability 
        of any party to identify and trace the precise funds in 
        the accounts of the air carrier.
          (3) Prohibition.--A covered air carrier and its 
        agents may not grant to any third party any security or 
        other interest in passenger facility revenue.
          (4) Compensation to eligible entities.--A covered air 
        carrier that fails to comply with any requirement of 
        this subsection, or otherwise unnecessarily causes an 
        eligible entity to expend funds, through litigation or 
        otherwise, to recover or retain payment of passenger 
        facility revenue to which the eligible entity is 
        otherwise entitled shall be required to compensate the 
        eligible agency for the costs so incurred.
          (5) Interest on amounts.--A covered air carrier that 
        collects passenger facility charges is entitled to 
        receive the interest on passenger facility charge 
        accounts if the accounts are established and maintained 
        in compliance with this subsection.
          (6) Existing regulations.--The provisions of section 
        158.49 of title 14, Code of Federal Regulations, that 
        permit the commingling of passenger facility charges 
        with other air carrier revenue shall not apply to a 
        covered air carrier.
          (7) Covered air carrier defined.--. In this section, 
        the term ``covered air carrier'' means an air carrier 
        that files for chapter 7 or chapter 11 of title 11 
        bankruptcy protection, or has an involuntary chapter 7 
        of title 11 bankruptcy proceeding commenced against it, 
        after the date of enactment of this subsection.
  (n) PFC Eligibility for Intermodal Ground Access Projects.--
          (1) In general.--The Secretary may authorize a 
        passenger facility charge imposed under subsection 
        (b)(1) to be used to finance the eligible capital costs 
        of an intermodal ground access project.
          (2) Definition of intermodal ground access project.--
        In this subsection, the term ``intermodal ground access 
        project'' means a project for constructing a local 
        facility owned or operated by an eligible agency that--
                  (A) is located on airport property; and
                  (B) is directly and substantially related to 
                the movement of passengers or property 
                traveling in air transportation.
          (3) Eligible capital costs.--The eligible capital 
        costs of an intermodal ground access project shall be 
        the lesser of--
                  (A) the total capital cost of the project 
                multiplied by the ratio that the number of 
                individuals projected to use the project to 
                gain access to or depart from the airport bears 
                to the total number of individuals projected to 
                use the local facility; or
                  (B) the total cost of the capital 
                improvements that are located on airport 
                property.
          (4) Determinations.--The Secretary shall determine 
        the projected use and cost of a project for purposes of 
        paragraph (3) at the time the project is approved under 
        this subsection, except that, in the case of a project 
        to be financed in part using funds administered by the 
        Federal Transit Administration, the Secretary shall use 
        the travel forecasting model for the project at the 
        time the project is approved by the Federal Transit 
        Administration to enter preliminary engineering to 
        determine the projected use and cost of the project for 
        purposes of paragraph (3).
          (5) Nonattainment areas.--For airport property, any 
        area of which is located in a nonattainment area (as 
        defined under section 171 of the Clean Air Act (42 
        U.S.C. 7501)) for 1 or more criteria pollutant, the 
        airport emissions reductions from less airport surface 
        transportation and parking as a direct result of the 
        development of an intermodal project on the airport 
        property would be eligible for air quality emissions 
        credits.
  (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. 40122. Federal Aviation Administration personnel management system

           *       *       *       *       *       *       *


  (g) Personnel Management System.--
          (1) In general.--In consultation with the employees 
        of the Administration and such non-governmental experts 
        in personnel management systems as he may employ, and 
        notwithstanding the provisions of title 5 and other 
        Federal personnel laws, the Administrator shall develop 
        and implement, not later than January 1, 1996, a 
        personnel management system for the Administration that 
        addresses the unique demands on the agency's workforce. 
        Such a new system shall, at a minimum, provide for 
        greater flexibility in the hiring, training, 
        compensation, and location of personnel.
          (2) Applicability of title 5.--The provisions of 
        title 5 shall not apply to the new personnel management 
        system developed and implemented pursuant to paragraph 
        (1), with the exception of--
                  (A) section 2302(b), relating to 
                whistleblower protection, including the 
                provisions for investigation and enforcement as 
                provided in chapter 12 of title 5;
                  (B) sections 3308-3320, relating to veterans' 
                preference;
                  (C) chapter 71, relating to labor-management 
                relations;
                  (D) section 7204, relating to 
                antidiscrimination;
                  (E) chapter 73, relating to suitability, 
                security, and conduct;
                  (F) chapter 81, relating to compensation for 
                work injury;
                  (G) chapters 83-85, 87, and 89, relating to 
                retirement, unemployment compensation, and 
                insurance coverage;
                  (H) sections 1204, 1211-1218, 1221, and 7701-
                7703, relating to the Merit Systems Protection 
                Board[; and];
                  (I) subsections (b), (c), and (d) of section 
                4507 (relating to Meritorious Executive or 
                Distinguished Executive rank awards) and 
                subsections (b) and (c) of section 4507a 
                (relating to Meritorious Senior Professional or 
                Distinguished Senior Professional rank awards), 
                except that--
                          (i) for purposes of applying such 
                        provisions to the personnel management 
                        system--
                                  (I) the term ``agency'' means 
                                the Department of 
                                Transportation;
                                  (II) the term ``senior 
                                executive'' means a Federal 
                                Aviation Administration 
                                executive;
                                  (III) the term ``career 
                                appointee'' means a Federal 
                                Aviation Administration career 
                                executive; and
                                  (IV) the term ``senior career 
                                employee'' means a Federal 
                                Aviation Administration career 
                                senior professional;
                          (ii) receipt by a career appointee or 
                        a senior career employee of the rank of 
                        Meritorious Executive or Meritorious 
                        Senior Professional entitles the 
                        individual to a lump-sum payment of an 
                        amount equal to 20 percent of annual 
                        basic pay, which shall be in addition 
                        to the basic pay paid under the Federal 
                        Aviation Administration Executive 
                        Compensation Plan; and
                          (iii) receipt by a career appointee 
                        or a senior career employee of the rank 
                        of Distinguished Executive or 
                        Distinguished Senior Professional 
                        entitles the individual to a lump-sum 
                        payment of an amount equal to 35 
                        percent of annual basic pay, which 
                        shall be in addition to the basic pay 
                        paid under the Federal Aviation 
                        Administration Executive Compensation 
                        Plan[.]; and
                  (J) subject to paragraph (4), section 6329, 
                relating to disabled veteran leave.
          (3) Appeals to merit systems protection board.--Under 
        the new personnel management system developed and 
        implemented under paragraph (1), an employee of the 
        Administration may submit an appeal to the Merit 
        Systems Protection Board and may seek judicial review 
        of any resulting final orders or decisions of the Board 
        from any action that was appealable to the Board under 
        any law, rule, or regulation as of March 31, 1996. 
        Notwithstanding any other provision of law, retroactive 
        to April 1, 1996, the Board shall have the same 
        remedial authority over such employee appeals that it 
        had as of March 31, 1996.
          (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.
          [(4)](5) Effective date.--This subsection shall take 
        effect on April 1, 1996.\2\
---------------------------------------------------------------------------
    \2\ The amendments to section 40122(g) of title 49, United States 
Code, 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.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

Sec. 40125. Qualifications for public aircraft status

  (b) Aircraft Owned by Governments.--An aircraft described in 
subparagraph (A), (B), (C), [or (D)] (D), or (F) of section 
40102(a)(41) does not qualify as a public aircraft under such 
section when the aircraft is used for commercial purposes or to 
carry an individual other than a crewmember or a qualified non-
crewmember.

           *       *       *       *       *       *       *


Sec. 40128. Overflights of national parks

  (a) In General.--
          (1) General requirements.--A commercial air tour 
        operator may not conduct commercial air tour operations 
        over a national park or tribal lands, as defined by 
        this section, except--
                  (A) in accordance with this section;
                  (B) in accordance with conditions and 
                limitations prescribed for that operator by the 
                Administrator; and
                  (C) in accordance with any applicable air 
                tour management plan or voluntary agreement 
                under subsection (b)(7) for the park or tribal 
                lands.
          (2) Application for operating authority.--
                  (A) Application required.--Before commencing 
                commercial air tour operations over a national 
                park or tribal lands, a commercial air tour 
                operator shall apply to the Administrator for 
                authority to conduct the operations over the 
                park or tribal lands.
                  (B) Competitive bidding for limited capacity 
                parks.--Whenever an air tour management plan 
                limits the number of commercial air tour 
                operations over a national park during a 
                specified time frame, the Administrator, in 
                cooperation with the Director, shall issue 
                operation specifications to commercial air tour 
                operators that conduct such operations. The 
                operation specifications shall include such 
                terms and conditions as the Administrator and 
                the Director find necessary for management of 
                commercial air tour operations over the park. 
                The Administrator, in cooperation with the 
                Director, shall develop an open competitive 
                process for evaluating proposals from persons 
                interested in providing commercial air tour 
                operations over the park. In making a selection 
                from among various proposals submitted, the 
                Administrator, in cooperation with the 
                Director, shall consider relevant factors, 
                including--
                          (i) the safety record of the person 
                        submitting the proposal or pilots 
                        employed by the person;
                          (ii) any quiet aircraft technology 
                        proposed to be used by the person 
                        submitting the proposal;
                          (iii) the experience of the person 
                        submitting the proposal with commercial 
                        air tour operations over other national 
                        parks or scenic areas;
                          (iv) the financial capability of the 
                        person submitting the proposal;
                          (v) any training programs for pilots 
                        provided by the person submitting the 
                        proposal; and
                          (vi) responsiveness of the person 
                        submitting the proposal to any relevant 
                        criteria developed by the National Park 
                        Service for the affected park.
                  (C) Number of operations authorized.--In 
                determining the number of authorizations to 
                issue to provide commercial air tour operations 
                over a national park, the Administrator, in 
                cooperation with the Director, shall take into 
                consideration the provisions of the air tour 
                management plan, the number of existing 
                commercial air tour operators and current level 
                of service and equipment provided by any such 
                operators, and the financial viability of each 
                commercial air tour operation.
                  (D) Cooperation with nps.--Before granting an 
                application under this paragraph, the 
                Administrator, in cooperation with the 
                Director, shall develop an air tour management 
                plan in accordance with subsection (b) and 
                implement such plan.
                  (E) Time limit on response to atmp 
                applications.--The Administrator shall make 
                every effort to act on any application under 
                this paragraph and issue a decision on the 
                application not later than 24 months after it 
                is received or amended.
                  (F) Priority.--In acting on applications 
                under this paragraph to provide commercial air 
                tour operations over a national park, the 
                Administrator shall give priority to an 
                application under this paragraph in any case in 
                which a new entrant commercial air tour 
                operator is seeking operating authority with 
                respect to that national park.
          (3) Exception.--Notwithstanding paragraph (1), 
        commercial air tour operators may conduct commercial 
        air tour operations over a national park under part 91 
        of [the] title 14, Code of Federal Regulations if--
                  (A) such activity is permitted under part 119 
                of such title;
                  (B) the operator secures a letter of 
                agreement from the Administrator and the 
                national park superintendent for that national 
                park describing the conditions under which the 
                operations will be conducted; and
                  (C) the total number of operations under this 
                exception is limited to not more than five 
                flights in any 30-day period over a particular 
                park.
          (4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial 
        air tour operator shall apply, not later than 90 days 
        after the date of the enactment of this section, for 
        operating authority under part 119, 121, or 135 of 
        title 14, Code of Federal Regulations. A new entrant 
        commercial air tour operator shall apply for such 
        authority before conducting commercial air tour 
        operations over a national park or tribal lands. The 
        Administrator shall make every effort to act on any 
        such application for a new entrant and issue a decision 
        on the application not later than 24 months after it is 
        received or amended.
          (5) Exemption for national parks with 50 or fewer 
        flights each year.--
                  (A) In general.--Notwithstanding paragraph 
                (1), a national park that has 50 or fewer 
                commercial air tour operations over the park 
                each year shall be exempt from the requirements 
                of this section, except as provided in 
                subparagraph (B).
                  (B) Withdrawal of exemption.--If the Director 
                determines that an air tour management plan or 
                voluntary agreement is necessary to protect 
                park resources and values or park visitor use 
                and enjoyment, the Director shall withdraw the 
                exemption of a park under subparagraph (A).
                  (C) List of parks.--
                          (i) In general.--The Director and 
                        Administrator shall jointly publish a 
                        list each year of national parks that 
                        are covered by the exemption provided 
                        under this paragraph.
                          (ii) Notification of withdrawal of 
                        exemption.--The Director shall inform 
                        the Administrator, in writing, of each 
                        determination to withdraw an exemption 
                        under subparagraph (B).
                  (D) Annual report.--A commercial air tour 
                operator conducting commercial air tour 
                operations over a national park that is exempt 
                from the requirements of this section shall 
                submit to the Administrator and the Director a 
                report each year that includes the number of 
                commercial air tour operations the operator 
                conducted during the preceding 1-year period 
                over such park.

           *       *       *       *       *       *       *

  (f) Lake Mead.--This section shall not apply to any air tour 
operator while flying over or near the Lake Mead National 
Recreation Area, solely as a transportation route, to conduct 
an air tour over the Grand Canyon National Park. 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.
  (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.

           *       *       *       *       *       *       *


                    SUBPART II. ECONOMIC REGULATION

                 CHAPTER 411. AIR CARRIER CERTIFICATES

Sec. 41113. Plans to address needs of families of passengers involved 
                    in aircraft accidents

  (a) Submission of Plans.--Each air carrier holding a 
certificate of public convenience and necessity under section 
41102 of this title shall submit to the Secretary and the 
Chairman of the National Transportation Safety Board a plan for 
addressing the needs of the families of passengers involved in 
any aircraft accident involving an aircraft of the air carrier 
and resulting in [a major] any loss of life.
  (b) Contents of Plans.--A plan to be submitted by an air 
carrier under subsection (a) shall include, at a minimum, the 
following:
          (1) A plan for publicizing a reliable, toll-free 
        telephone number, and for providing staff, to handle 
        calls from the families of the passengers.
          (2) A process for notifying the families of the 
        passengers, before providing any public notice of the 
        names of the passengers, either by utilizing the 
        services of the organization designated for the 
        accident under section 1136(a)(2) of this title or the 
        services of other suitably trained individuals.
          (3) An assurance that the notice described in 
        paragraph (2) will be provided to the family of a 
        passenger as soon as the air carrier has verified that 
        the passenger was aboard the aircraft (whether or not 
        the names of all of the passengers have been verified) 
        and, to the extent practicable, in person.
          (4) An assurance that the air carrier will provide to 
        the director of family support services designated for 
        the accident under section 1136(a)(1) of this title, 
        and to the organization designated for the accident 
        under section 1136(a)(2) of this title, immediately 
        upon request, a list (which is based on the best 
        available information at the time of the request) of 
        the names of the passengers aboard the aircraft 
        (whether or not such names have been verified), and 
        will periodically update the list.
          (5) An assurance that the family of each passenger 
        will be consulted about the disposition of all remains 
        and personal effects of the passenger within the 
        control of the air carrier.
          (6) An assurance that if requested by the family of a 
        passenger, any possession of the passenger within the 
        control of the air carrier (regardless of its 
        condition) will be returned to the family unless the 
        possession is needed for the accident investigation or 
        any criminal investigation.
          (7) An assurance that any unclaimed possession of a 
        passenger within the control of the air carrier will be 
        retained by the air carrier for at least 18 months.
          (8) An assurance that the family of each passenger 
        will be consulted about construction by the air carrier 
        of any monument to the passengers, including any 
        inscription on the monument.
          (9) An assurance that the treatment of the families 
        of nonrevenue passengers [(and any other victim of the 
        accident)] (and any other victim of the accident, 
        including any victim on the ground) will be the same as 
        the treatment of the families of revenue passengers.
          (10) An assurance that the air carrier will work with 
        any organization designated under section 1136(a)(2) of 
        this title on an ongoing basis to ensure that families 
        of passengers receive an appropriate level of services 
        and assistance following each accident.
          (11) An assurance that the air carrier will provide 
        reasonable compensation to any organization designated 
        under section 1136(a)(2) of this title for services 
        provided by the organization.
          (12) An assurance that the air carrier will assist 
        the family of a passenger in traveling to the location 
        of the accident and provide for the physical care of 
        the family while the family is staying at such 
        location.
          (13) An assurance that the air carrier will commit 
        sufficient resources to carry out the plan.
          (14) An assurance that, upon request of the family of 
        a passenger, the air carrier will inform the family of 
        whether the passenger's name appeared on a preliminary 
        passenger manifest for the flight involved in the 
        accident.
          (15) An assurance that the air carrier will provide 
        adequate training to the employees and agents of the 
        carrier to meet the needs of survivors and family 
        members following an accident.
          (16) An assurance that the air carrier, in the event 
        that the air carrier volunteers assistance to United 
        States citizens within the United States with respect 
        to an aircraft accident outside the United States 
        involving [major] any loss of life, will consult with 
        the Board and the Department of State on the provision 
        of the assistance.
          (17)(A) An assurance that, in the case of an accident 
        that results in [significant] any damage to a manmade 
        structure or other property on the ground that is not 
        government-owned, the air carrier will promptly provide 
        notice, in writing, to the extent practicable, directly 
        to the owner of the structure or other property about 
        liability for any property damage and means for 
        obtaining compensation.
                  (B) At a minimum, the written notice shall 
                advise an owner (i) to contact the insurer of 
                the property as the authoritative source for 
                information about coverage and compensation; 
                (ii) to not rely on unofficial information 
                offered by air carrier representatives about 
                compensation by the air carrier for accident-
                site property damage; and (iii) to obtain 
                photographic or other detailed evidence of 
                property damage as soon as possible after the 
                accident, consistent with restrictions on 
                access to the accident site.
          (18) An assurance that, in the case of an accident in 
        which the National Transportation Safety Board conducts 
        a public hearing or comparable proceeding at a location 
        greater than 80 miles from the accident site, the air 
        carrier will ensure that the proceeding is made 
        available simultaneously by electronic means at a 
        location open to the public at both the origin city and 
        destination city of the air carrier's flight if that 
        city is located in the United States.
  (c) Certificate Requirement.--The Secretary may not approve 
an application for a certificate of public convenience and 
necessity under section 41102 of this title unless the 
applicant has included as part of such application a plan that 
meets the requirements of subsection (b).
  (d) Limitation on Liability.--An air carrier shall not be 
liable for damages in any action brought in a Federal or State 
court arising out of the performance of the air carrier in 
preparing or providing a passenger list, or in providing 
information concerning a preliminary passenger manifest, 
pursuant to a plan submitted by the air carrier under 
subsection (b), unless such liability was caused by conduct of 
the air carrier which was grossly negligent or which 
constituted intentional misconduct.
  [(e) Aircraft Accident and Passenger Defined.--In this 
section, the terms ``aircraft accident'' and ``passenger'' have 
the meanings such terms have in section 1136 of this title.]
  (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.
  (f) Statutory Construction.--Nothing in this section may be 
construed as limiting the actions that an air carrier may take, 
or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an 
aircraft accident.

Sec. 41114. Plans to address needs of families of passengers involved 
                    in foreign air carrier accidents

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Aircraft accident.--The term ``aircraft 
        accident'' means any aviation disaster, regardless of 
        its cause or suspected cause, that occurs within the 
        United States; and
          (2) Passenger.--The term ``passenger'' has the 
        meaning given such term by section 1136.
  (b) Submission of Plans.--A foreign air carrier providing 
foreign air transportation under this chapter shall transmit to 
the Secretary of Transportation and the Chairman of the 
National Transportation Safety Board a plan for addressing the 
needs of the families of passengers involved in an aircraft 
accident that involves an aircraft under the control of the 
foreign air carrier and results in [a major] any loss of life.
  (c) Contents of Plans.--To the extent permitted by foreign 
law which was in effect on the date of the enactment of this 
section, a plan submitted by a foreign air carrier under 
subsection (b) shall include the following:
          (1) Telephone number.--A plan for publicizing a 
        reliable, toll-free telephone number and staff to take 
        calls to such number from families of passengers 
        involved in an aircraft accident that involves an 
        aircraft under the control of the foreign air carrier 
        and results in [a significant] any loss of life.
          (2) Notification of families.--A process for 
        notifying, in person to the extent practicable, the 
        families of passengers involved in an aircraft accident 
        that involves an aircraft under the control of the 
        foreign air carrier and results in [a significant] any 
        loss of life before providing any public notice of the 
        names of such passengers. Such notice shall be provided 
        by using the services of--
                  (A) the organization designated for the 
                accident under section 1136(a)(2); or
                  (B) other suitably trained individuals.
          (3) Notice provided as soon as possible.--An 
        assurance that the notice required by paragraph (2) 
        shall be provided as soon as practicable after the 
        foreign air carrier has verified the identity of a 
        passenger on the foreign aircraft, whether or not the 
        names of all of the passengers have been verified.
          (4) List of passengers.--An assurance that the 
        foreign air carrier shall provide, immediately upon 
        request, and update a list (based on the best available 
        information at the time of the request) of the names of 
        the passengers aboard the aircraft (whether or not such 
        names have been verified), to--
                  (A) the director of family support services 
                designated for the accident under section 
                1136(a)(1); and
                  (B) the organization designated for the 
                accident under section 1136(a)(2).
          (5) Consultation regarding disposition of remains and 
        effects.--An assurance that the family of each 
        passenger will be consulted about the disposition of 
        any remains and personal effects of the passenger that 
        are within the control of the foreign air carrier.
          (6) Return of possessions.--An assurance that, if 
        requested by the family of a passenger, any possession 
        (regardless of its condition) of that passenger that is 
        within the control of the foreign air carrier will be 
        returned to the family unless the possession is needed 
        for the accident investigation or a criminal 
        investigation.
          (7) Unclaimed possessions retained.--An assurance 
        that any unclaimed possession of a passenger within the 
        control of the foreign air carrier will be retained by 
        the foreign air carrier for not less than 18 months 
        after the date of the accident.
          (8) Monuments.--An assurance that the family of each 
        passenger will be consulted about construction by the 
        foreign air carrier of any monument to the passengers 
        built in the United States, including any inscription 
        on the monument.
          (9) Equal treatment of passengers.--An assurance that 
        the treatment of the families of nonrevenue passengers 
        will be the same as the treatment of the families of 
        revenue passengers.
          (10) Service and assistance to families of 
        passengers.--An assurance that the foreign air carrier 
        will work with any organization designated under 
        section 1136(a)(2) on an ongoing basis to ensure that 
        families of passengers receive an appropriate level of 
        services and assistance following an accident.
          (11) Compensation to service organizations.--An 
        assurance that the foreign air carrier will provide 
        reasonable compensation to any organization designated 
        under section 1136(a)(2) for services and assistance 
        provided by the organization.
          (12) Travel and care expenses.--An assurance that the 
        foreign air carrier will assist the family of any 
        passenger in traveling to the location of the accident 
        and provide for the physical care of the family while 
        the family is staying at such location.
          (13) Resources for plan.--An assurance that the 
        foreign air carrier will commit sufficient resources to 
        carry out the plan.
          (14) Substitute measures.--If a foreign air carrier 
        does not wish to comply with paragraph (10), (11), or 
        (12), a description of proposed adequate substitute 
        measures for the requirements of each paragraph with 
        which the foreign air carrier does not wish to comply.
          (15) Training of employees and agents.--An assurance 
        that the foreign air carrier will provide adequate 
        training to the employees and agents of the carrier to 
        meet the needs of survivors and family members 
        following an accident.
          (16) Consultation on carrier response not covered by 
        plan.--An assurance that the foreign air carrier, in 
        the event that the foreign air carrier volunteers 
        assistance to United States citizens within the United 
        States with respect to an aircraft accident outside the 
        United States involving [major] any loss of life, the 
        foreign air carrier will consult with the Board and the 
        Department of State on the provision of the assistance.
          (17) Notice concerning liability for manmade 
        structures.--
                  (A) In general.--An assurance that, in the 
                case of an accident that results in 
                [significant] any damage to a manmade structure 
                or other property on the ground that is not 
                government-owned, the foreign air carrier will 
                promptly provide notice, in writing, to the 
                extent practicable, directly to the owner of 
                the structure or other property about liability 
                for any property damage and means for obtaining 
                compensation.
                  (B) Minimum contents.--At a minimum, the 
                written notice shall advise an owner (i) to 
                contact the insurer of the property as the 
                authoritative source for information about 
                coverage and compensation; (ii) to not rely on 
                unofficial information offered by foreign air 
                carrier representatives about compensation by 
                the foreign air carrier for accident-site 
                property damage; and (iii) to obtain 
                photographic or other detailed evidence of 
                property damage as soon as possible after the 
                accident, consistent with restrictions on 
                access to the accident site.
          (18) Simultaneous electronic transmission of ntsb 
        hearing.--An assurance that, in the case of an accident 
        in which the National Transportation Safety Board 
        conducts a public hearing or comparable proceeding at a 
        location greater than 80 miles from the accident site, 
        the foreign air carrier will ensure that the proceeding 
        is made available simultaneously by electronic means at 
        a location open to the public at both the origin city 
        and destination city of the foreign air carrier's 
        flight if that city is located in the United States.
  (d) Permit and Exemption Requirement.--The Secretary shall 
not approve an application for a permit under section 41302 
unless the applicant has included as part of the application or 
request for exemption a plan that meets the requirements of 
subsection (c).
  (e) Limitation on Liability.--A foreign air carrier shall not 
be liable for damages in any action brought in a Federal or 
State court arising out of the performance of the foreign air 
carrier in preparing or providing a passenger list pursuant to 
a plan submitted by the foreign air carrier under subsection 
(c), unless the liability was caused by conduct of the foreign 
air carrier which was grossly negligent or which constituted 
intentional misconduct.

                CHAPTER 413. FOREIGN AIR TRANSPORTATION

Sec. 41313. Plans to address needs of families of passengers involved 
                    in foreign air carrier accidents

  (c)(16) Consultation on Carrier Response Not Covered by 
Plan.--An assurance that the foreign air carrier, in the event 
that the foreign air carrier volunteers assistance to United 
States citizens within the United States with respect to an 
aircraft accident outside the United States involving major 
loss of life, [the foreign air carrier will consult] will 
consult with the Board and the Department of State on the 
provision of the assistance.

                  CHAPTER 417. OPERATIONS OF CARRIERS

                       SUBCHAPTER I. REQUIREMENTS

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)).

Sec. 41726. Prohibition on certain cell phone voice communications

  (a) Prohibition.--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.

               SUBCHAPTER II. SMALL COMMUNITY AIR SERVICE

Sec. 41731. Definitions

  (a) General.--In this subchapter--
          (1) ``eligible place'' means a place in the United 
        States that--
                  (A)(i)(I) was an eligible point under section 
                419 of the Federal Aviation Act of 1958 before 
                October 1, 1988;
                          
                                  (II) received scheduled air 
                                transportation at any time 
                                after January 1, 1990; and
                                  (III) is not listed in 
                                Department of Transportation 
                                Orders 89-9-37 and 89-12-52 as 
                                a place ineligible for 
                                compensation under this 
                                subchapter; or
                          [(ii) was determined, on or after 
                        October 1, 1988, and before the date of 
                        the enactment of the Wendell H. Ford 
                        Aviation Investment and Reform Act for 
                        the 21st Century, under this subchapter 
                        by the Secretary of Transportation to 
                        be eligible to receive subsidized small 
                        community air service under section 
                        41736(a);]
                          (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);
                  (B) had an average of 10 enplanements per 
                service day or more, as determined by the 
                Secretary, during the most recent fiscal year 
                beginning after September 30, 2012;
                  (C) had an average subsidy per passenger of 
                less than $1,000 during the most recent fiscal 
                year, as determined by the Secretary; and
                  (D) is a community that, at any time during 
                the period between September 30, 2010, and 
                September 30, 2011, inclusive--
                          (i) received essential air service 
                        for which compensation was provided to 
                        an air carrier under this subchapter; 
                        or
                          (ii) received a 90-day notice of 
                        intent to terminate essential air 
                        service and the Secretary required the 
                        air carrier to continue to provide such 
                        service to the community.
          (2) ``enhanced essential air service'' means 
        scheduled air transportation to an eligible place of a 
        higher level or quality than basic essential air 
        service described in section 41732 of this title.
  (b) Limitation on Authority to Decide a Place Not an Eligible 
Place.--The Secretary may not decide that a place described in 
subsection (a)(1) of this section is not an eligible place on 
any basis that is not specifically stated in this subchapter.
  (c) Exception for Locations in Alaska and Hawaii.--
Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not 
apply with respect to locations in the State of Alaska or the 
State of Hawaii.
  (d) Exceptions for Locations More Than 175 Driving Miles From 
the Nearest Large or Medium Hub Airport.--Subsection (a)(1)(B) 
shall not apply with respect to locations that are more than 
175 driving miles from the nearest large or medium hub airport.
  (e) Waivers.--For fiscal year 2013 and each fiscal year 
thereafter, the Secretary may waive, on an annual basis, 
subsection (a)(1)(B) with respect to a location if the location 
demonstrates to the Secretary's satisfaction that the reason 
the location averages fewer than 10 enplanements per day is due 
to a temporary decline in enplanements.
  (f) Definition.--For purposes of subsection (a)(1)(B), the 
term ``enplanements'' means the number of passengers enplaning, 
at an eligible place, on flights operated by the subsidized 
essential air service carrier.

Sec. 41732. Basic essential air service

  (a) General.--Basic essential air service provided under 
section 41733 of this title is scheduled air transportation of 
passengers and cargo--
          (1) to a hub airport that has convenient connecting 
        or single-plane air service to a substantial number of 
        destinations beyond that airport; or
          (2) to a small hub or nonhub airport, when in Alaska 
        or when the nearest hub airport is more than 400 miles 
        from an eligible place.
  (b) Minimum Requirements.--Basic essential air service shall 
include at least the following:
          (1)(A) for a place not in Alaska, 2 daily round trips 
        6 days a week, with not more than one intermediate stop 
        on each flight; or
                  (B) for a place in Alaska, a level of service 
                at least equal to that provided in 1976 or 2 
                round trips a week, whichever is greater, 
                except that the Secretary of Transportation and 
                the appropriate State authority of Alaska may 
                agree to a different level of service after 
                consulting with the affected community.
          (2) flights at reasonable times considering the needs 
        of passengers with connecting flights at the airport 
        and at prices that are not excessive compared to the 
        generally prevailing prices of other air carriers for 
        like service between similar places.
          (3) for a place not in Alaska, service provided in an 
        aircraft with an effective capacity of at least 15 
        passengers if the average daily boardings at the place 
        in any calendar year from 1976-1986 were more than 11 
        passengers unless--
                  (A) that level-of-service requirement would 
                require paying compensation in a fiscal year 
                under section 41733(d) or 41734(d) or (e) of 
                this title for the place when compensation 
                otherwise would not have been paid for that 
                place in that year; or
                  (B) the affected community agrees with the 
                Secretary in writing to the use of smaller 
                aircraft to provide service to the place.
          (4) service accommodating the estimated passenger and 
        property traffic at an average load factor, for each 
        class of traffic considering seasonal demands for the 
        service, of not more than--
                  (A) 50 percent; or
                  (B) 60 percent when service is provided by 
                aircraft with more than 14 passenger seats.
          (5) service provided in aircraft with at least 2 
        engines and using 2 pilots, unless scheduled air 
        transportation has not been provided to the place in 
        aircraft with at least 2 engines and using 2 pilots for 
        at least 60 consecutive operating days at any time 
        since October 31, 1978.
          (6) service provided by pressurized aircraft when the 
        service is provided by aircraft that regularly fly 
        above 8,000 feet in altitude.
  (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. 41742. Essential air service authorization

  (a) In General.--
          (1) Authorization.--Out of the amounts received by 
        the Federal Aviation Administration credited to the 
        account established under section 45303 of this title 
        or otherwise provided to the Administration, the sum of 
        $50,000,000 for each fiscal year is authorized and 
        shall be made available immediately for obligation and 
        expenditure to carry out the essential air service 
        program under this subchapter.
          (2) Additional funds.--In addition to amounts 
        authorized under paragraph (1), there is authorized to 
        be appropriated out of the Airport and Airway Trust 
        Fund (established under section 9502 of the Internal 
        Revenue Code of 1986) [$150,000,000 for fiscal year 
        2011, $143,000,000 for fiscal year 2012, $118,000,000 
        for fiscal year 2013, $107,000,000 for fiscal year 
        2014, $93,000,000 for fiscal year 2015, and $77,500,000 
        for the period beginning on October 1, 2015, and ending 
        on July 15, 2016] $155,000,000 for each of fiscal years 
        2016 through 2017, to carry out the essential air 
        service program under this subchapter of which not more 
        than $12,000,000 per fiscal year may be used for the 
        marketing incentive program for communities and for 
        State marketing assistance.
          [(3) Authorization for additional employees.--In 
        addition to amounts authorized under paragraphs (1) and 
        (2), there are authorized to be appropriated such sums 
        as may be necessary for the Secretary of Transportation 
        to hire and employ 4 additional employees for the 
        office responsible for carrying out the essential air 
        service program.]
  (b) Distribution of Additional Funds.--Notwithstanding any 
other provision of law, in any fiscal year in which funds 
credited to the account established under section 45303, 
including the funds derived from fees imposed under the 
authority contained in section 45301(a), exceed the $50,000,000 
made available under subsection (a)(1), such funds shall be 
made available immediately for obligation and expenditure to 
carry out the essential air service program under this 
subchapter.
  (c) Availability of Funds.--The funds made available under 
this section shall remain available until expended.

Sec. 41743. Airports not receiving sufficient service

  (a) Small Community Air Service Development Program.--The 
Secretary of Transportation shall establish a program that 
meets the requirements of this section for improving air 
carrier service to airports not receiving sufficient air 
carrier service.
  (b) Application Required.--In order to participate in the 
program established under subsection (a), a community or 
consortium of communities shall submit an application to the 
Secretary in such form, at such time, and containing such 
information as the Secretary may require, including--
          (1) an assessment of the need of the community or 
        consortium for access, or improved access, to the 
        national air transportation system; and
          (2) an analysis of the application of the criteria in 
        subsection (c) to that community or consortium.
  (c) Criteria for Participation.--In selecting communities, or 
consortia of communities, for participation in the program 
established under subsection (a), the Secretary shall apply the 
following criteria:
          [(1) Size.--For calendar year 1997, the airport 
        serving the community or consortium was not larger than 
        a small hub airport, and--
                  [(A) had insufficient air carrier service; or
                  [(B) had unreasonably high air fares.]
          (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.
          (2) Characteristics.--The airport presents 
        characteristics, such as geographic diversity or unique 
        circumstances, that will demonstrate the need for, and 
        feasibility of, the program established under 
        subsection (a).
          (3) State limit.--Not more than 4 communities or 
        consortia of communities, or a combination thereof, 
        from the same State may be selected to participate in 
        the program in any fiscal year.
          (4) Overall limit.--
                  (A) In general.--No more than 40 communities 
                or consortia of communities, or a combination 
                thereof, may be selected to participate in the 
                program in each year for which funds are 
                appropriated for the program.
                  (B) Same projects.--[No community] Except as 
                provided in subparagraph (C), consortia of 
                communities, nor combination thereof may 
                participate in the program in support of the 
                same project more than once, but any community, 
                consortia of communities, or combination 
                thereof may apply, subsequent to such 
                participation, to participate in the program in 
                support of a different project.
                  (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.
          (5) Priorities.--The Secretary shall give priority to 
        communities or consortia of communities where--
                  (A) air fares are higher than the average air 
                fares for all communities;
                  (B) the community or consortium will provide 
                a portion of the cost of the activity to be 
                assisted under the program from local sources 
                other than airport revenues;
                  (C) the community or consortium has 
                established, or will establish, a public-
                private partnership to facilitate air carrier 
                service to the public;
                  (D) the assistance will provide material 
                benefits to a broad segment of the travelling 
                public, including business, educational 
                institutions, and other enterprises, whose 
                access to the national air transportation 
                system is limited;
                  (E) the assistance will be used in a timely 
                fashion; and
                  (F) multiple communities cooperate to submit 
                a regional or multistate application to 
                consolidate air service into one regional 
                airport.
  (d) Types of Assistance.--The Secretary may use amounts made 
available under this section--
          (1) to provide assistance to an air carrier to 
        subsidize service to and from an underserved airport 
        for a period not to exceed 3 years;
          (2) to provide assistance to an underserved airport 
        to obtain service to and from the underserved airport; 
        and
          (3) to provide assistance to an underserved airport 
        to implement such other measures as the Secretary, in 
        consultation with such airport, considers appropriate 
        to improve air service both in terms of the cost of 
        such service to consumers and the availability of such 
        service, including improving air service through 
        marketing and promotion of air service and enhanced 
        utilization of airport facilities.
  (e) Authority to Make Agreements.--
          (1) In general.--The Secretary may make agreements to 
        provide assistance under this section. 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.
          [(2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $6,000,000 for each of fiscal years 2012 through 2015 
        to carry out this section. Such sums shall remain 
        available until expended.]
          (3) 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.
  (f) Additional Action.--Under the program established under 
subsection (a), the Secretary shall work with air carriers 
providing service to participating communities and major air 
carriers (as defined in section 41716(a)(2)) serving large hub 
airports to facilitate joint-fare arrangements consistent with 
normal industry practice.
  (g) Designation of Responsible Official.--The Secretary shall 
designate an employee of the Department of Transportation--
          (1) to function as a facilitator between small 
        communities and air carriers;
          (2) to carry out this section;
          (3) to ensure that the Bureau of Transportation 
        Statistics collects data on passenger information to 
        assess the service needs of small communities;
          (4) to work with and coordinate efforts with other 
        Federal, State, and local agencies to increase the 
        viability of service to small communities and the 
        creation of aviation development zones; and
          (5) to provide policy recommendations to the 
        Secretary and Congress that will ensure that small 
        communities have access to quality, affordable air 
        transportation services.
  (h) Air Service Development Zone.--The Secretary shall 
designate an airport in the program as an Air Service 
Development Zone and work with the community or consortium on 
means to attract business to the area surrounding the airport, 
to develop land use options for the area, and provide data, 
working with the Department of Commerce and other agencies.

                  CHAPTER 419. TRANSPORTATION OF MAIL

Sec. 41907. Weighing mail

  The United States Postal Service may weigh mail transported 
by aircraft between places in Alaska and make statistical [and-
administrative]  and administrative computations necessary in 
the interest of mail service. When the Secretary of 
Transportation decides that additional or more frequent 
weighings of mail are advisable or necessary to carry out this 
part, the Postal Service shall provide the weighings, but it is 
not required to provide them for continuous periods of more 
than 30 days.

            CHAPTER 423. PASSENGER AIR SERVICE IMPROVEMENTS

Sec. 42302. Consumer complaints

  (a) In General.--The Secretary of Transportation shall 
establish a consumer complaints toll-free hotline telephone 
number for the use of passengers in air transportation and 
shall take actions to notify the public of--
          (1) that telephone number; and
          (2) the Internet Web site of the Aviation Consumer 
        Protection Division of the Department of 
        Transportation.
  (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.
  [[(b)][(c) Notice to Passengers on the Internet].--An air 
carrier or foreign air carrier providing scheduled air 
transportation using any aircraft that as originally designed 
has a passenger capacity of 30 or more passenger seats shall 
include on the Internet Web site of the carrier--
          [(1) the hotline telephone number established under 
        subsection (a);
          [(2) the e-mail address, telephone number, and 
        mailing address of the air carrier for the submission 
        of complaints by passengers about air travel service 
        problems; and
          [(3) the Internet Web site and mailing address of the 
        Aviation Consumer Protection Division of the Department 
        of Transportation for the submission of complaints by 
        passengers about air travel service problems.]
  (c) Internet Web Site or Other Online Service Notice.--Each 
air carrier and foreign air carrier shall include on its 
Internet Web site, any related mobile device application, and 
online service--
          (1) the hotline telephone number established under 
        subsection (a) or for the Aviation Consumer Protection 
        Division of the Department of Transportation;
          (2) an active link and the email address, telephone 
        number, and mailing address of the air carrier or 
        foreign air carrier, as applicable, for a consumer to 
        submit a complaint to the carrier about the quality of 
        service;
          (3) notice that the consumer can file a complaint 
        with the Aviation Consumer Protection Division of the 
        Department of Transportation;
          (4) an active link to the Internet Web site of the 
        Aviation Consumer Protection Division of the Department 
        of Transportation for a consumer to file a complaint; 
        and
          (5) the active link described in paragraph (2) on the 
        same Internet Web site page as the active link 
        described in paragraph (4).
  [(c)](d) Notice to Passengers on Boarding Documentation.--[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]  Each 
air carrier and foreign air carrier shall include the hotline 
telephone number established under subsection (a) on--
          (1) prominently displayed signs of the carrier at the 
        airport ticket counters in the United States where the 
        [air carrier] carrier operates; and
          (2) any electronic confirmation of the purchase of a 
        passenger ticket for air transportation issued by the 
        [air carrier] carrier.

                          SUBPART III. SAFETY

         CHAPTER 441. REGISTRATION AND RECORDATION OF AIRCRAFT

Sec. 44112. Limitation of liability

  (a) Definitions.--In this section--
          (1) ``lessor'' means a person leasing for at least 30 
        days a civil aircraft, aircraft engine, or propeller.
          (2) ``owner'' means a person that owns a civil 
        aircraft, aircraft engine, or propeller.
          (3) ``secured party'' means a person having a 
        security interest in, or security title to, a civil 
        aircraft, aircraft engine, or propeller under a 
        conditional sales contract, equipment trust contract, 
        chattel or corporate mortgage, or similar instrument.
  (b) Liability.--A lessor, owner, or secured party is liable 
for personal injury, death, or property loss or damage [on land 
or water] only when a civil aircraft, aircraft engine, or 
propeller is in the actual possession or operational control of 
the lessor, owner, or secured party, and the personal injury, 
death, or property loss or damage occurs because of--
          (1) the aircraft, engine, or propeller; or
          (2) the flight of, or an object falling from, the 
        aircraft, engine, or propeller.

            CHAPTER 445. FACILITIES, PERSONNEL, AND RESEARCH

Sec. 44502. General facilities and personnel authority

           *       *       *       *       *       *       *


  (e) Transfers of Instrument Landing Systems.--[An airport may 
transfer, without consideration, to the Administrator of the 
Federal Aviation Administration an instrument landing system 
(and associated approach lighting equipment and runway visual 
range equipment) that conforms to performance specifications of 
the Administrator if a Government airport aid program, airport 
development aid program, or airport improvement project grant 
was used to assist in purchasing the system.] 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. The Administrator shall accept the system 
and operate and maintain it under criteria of the 
Administrator.
  (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. 44506. Air traffic controllers

           *       *       *       *       *       *       *


  (e) Staffing Report.--The Administrator of the Federal 
Aviation Administration shall submit annually to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing--
          (1) the staffing standards used to determine the 
        number of air traffic controllers needed to operate the 
        air traffic control system of the United States;
          (2) a 3-year projection of the number of controllers 
        needed to be employed to operate the system to meet the 
        standards; and
          (3) a detailed plan for employing the controllers, 
        including projected budget requests.
  (f) Hiring of Certain Air Traffic Control Specialists.--
          (1) Consideration of applicants.--
                  (A) Ensuring selection of most qualified 
                applicants.--In appointing individuals to the 
                position of air traffic controllers, the 
                Administrator shall give preferential 
                consideration to qualified individuals 
                maintaining 52 consecutive weeks of air traffic 
                control experience involving the full-time 
                active separation of air traffic after receipt 
                of an air traffic certification or air traffic 
                control facility rating within 5 years of 
                application while serving at--
                          (i) a Federal Aviation Administration 
                        air traffic control facility;
                          (ii) a civilian or military air 
                        traffic control facility of the 
                        Department of Defense; or
                          (iii) a tower operating under 
                        contract with the Federal Aviation 
                        Administration under section 47124 of 
                        this title.
                  (B) Consideration of additional applicants.--
                The Administrator shall consider additional 
                applicants for the position of air traffic 
                controller by referring an approximately equal 
                number of employees for appointment among the 2 
                applicant pools. The number of employees 
                referred for consideration from each group 
                shall not differ by more than 10 percent.
                          (i) Pool one.--Applicants who:
                                  (I) have successfully 
                                completed air traffic 
                                controller training and 
                                graduated from an institution 
                                participating in the Collegiate 
                                Training Initiative program 
                                maintained under subsection 
                                (c)(1) who have received from 
                                the institution--
                                          (aa) an appropriate 
                                        recommendation; or
                                          (bb) an endorsement 
                                        certifying that the 
                                        individual would have 
                                        met the requirements in 
                                        effect as of December 
                                        31, 2013, for an 
                                        appropriate 
                                        recommendation;
                                  (II) are eligible for a 
                                veterans recruitment 
                                appointment pursuant to section 
                                4214 of title 38, United States 
                                Code, and provide a Certificate 
                                of Release or Discharge from 
                                Active Duty within 120 days of 
                                the announcement closing;
                                  (III) are eligible veterans 
                                (as defined in section 4211 of 
                                title 38, United States Code) 
                                maintaining aviation experience 
                                obtained in the course of the 
                                individual's military 
                                experience; or
                                  (IV) are preference eligible 
                                veterans (as defined in section 
                                2108 of title 5, United States 
                                Code).
                          (ii) Pool two.--Applicants who apply 
                        under a vacancy announcement recruiting 
                        from all United States citizens.
          (2) Use of biographical assessments.--
                  (A) Biographical assessments.--The 
                Administration shall not use any biographical 
                assessment when hiring under subparagraph (A) 
                or subparagraph (B)(i) of paragraph (1).
                  (B) Reconsideration of applicants 
                disqualified on the basis of biographical 
                assessments.--
                          (i) In general.--If an individual 
                        described in subparagraph (A) or 
                        subparagraph (B)(i) of paragraph (1) 
                        who applied for the position of air 
                        traffic controller with the 
                        Administration in response to Vacancy 
                        Announcement FAA-AMC-14-ALLSRCE-33537 
                        (issued on February 10, 2014) and was 
                        disqualified from the position as the 
                        result of a biographical assessment, 
                        the Administrator shall provide the 
                        applicant an opportunity to reapply as 
                        soon as practicable for the position 
                        under the revised hiring practices.
                          (ii) Waiver of age restriction.--The 
                        Administrator shall waive any maximum 
                        age restriction for the position of air 
                        traffic controller with the 
                        Administration that would otherwise 
                        disqualify an individual from the 
                        position if the individual--
                                  (I) is reapplying for the 
                                position pursuant to clause (i) 
                                on or before December 31, 2017; 
                                and
                                  (II) met the maximum age 
                                requirement on the date of the 
                                individual's previous 
                                application for the position 
                                during the interim hiring 
                                process.
          (3) Maximum entry age for experienced controllers.--
        Notwithstanding section 3307 of title 5, United States 
        Code, the maximum limit of age for an original 
        appointment to a position as an air traffic controller 
        shall be 35 years of age for those maintaining 52 weeks 
        of air traffic control experience involving the full-
        time active separation of air traffic after receipt of 
        an air traffic certification or air traffic control 
        facility rating in a civilian or military air traffic 
        control facility.

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.

                     CHAPTER 447. SAFETY REGULATION

Sec. 44701. General requirements

           *       *       *       *       *       *       *


  (e) Bilateral Exchanges of Safety Oversight 
Responsibilities.--
          (1) In general.--Notwithstanding the provisions of 
        this chapter, the Administrator, pursuant to Article 83 
        bis of the Convention on International Civil Aviation 
        and by a bilateral agreement with the aeronautical 
        authorities of another country, may exchange with that 
        country all or part of their respective functions and 
        duties with respect to registered aircraft under the 
        following articles of the Convention: Article 12 (Rules 
        of the Air); Article 31 (Certificates of 
        Airworthiness); or Article 32a (Licenses of Personnel).
          (2) Relinquishment and acceptance of 
        responsibility.--The Administrator relinquishes 
        responsibility with respect to the functions and duties 
        transferred by the Administrator as specified in the 
        bilateral agreement, under the Articles listed in 
        paragraph (1) for United States-registered aircraft 
        described in paragraph (4)(A) transferred abroad and 
        accepts responsibility with respect to the functions 
        and duties under those Articles for aircraft registered 
        abroad and described in paragraph (4)(B) that are 
        transferred to the United States.
          (3) Conditions.--The Administrator may predicate, in 
        the agreement, the transfer of functions and duties 
        under this subsection on any conditions the 
        Administrator deems necessary and prudent, except that 
        the Administrator may not transfer responsibilities for 
        United States registered aircraft described in 
        paragraph (4)(A) to a country that the Administrator 
        determines is not in compliance with its obligations 
        under international law for the safety oversight of 
        civil aviation.
          (4) Registered aircraft defined.--In this subsection, 
        the term ``registered aircraft'' means--
                  (A) aircraft registered in the United States 
                and operated pursuant to an agreement for the 
                lease, charter, or interchange of the aircraft 
                or any similar arrangement by an operator that 
                has its principal place of business or, if it 
                has no such place of business, its permanent 
                residence in another country; and
                  (B) aircraft registered in a foreign country 
                and operated under an agreement for the lease, 
                charter, or interchange of the aircraft or any 
                similar arrangement by an operator that has its 
                principal place of business or, if it has no 
                such place of business, its permanent residence 
                in the United States.
          (5) Foreign airworthiness directives.--
                  (A) Acceptance.--The Administrator shall 
                accept an airworthiness directive (as defined 
                in section 39.3 of title 14, Code of Federal 
                Regulations) issued by an aeronautical safety 
                authority of a foreign country, and leverage 
                that aeronautical safety authority's regulatory 
                process, if--
                          (i) the country is the state of 
                        design for the product that is the 
                        subject of the airworthiness directive;
                          (ii) the United States has a 
                        bilateral safety agreement relating to 
                        aircraft certification with the 
                        country;
                          (iii) as part of the bilateral safety 
                        agreement with the country, the 
                        Administrator has determined that the 
                        aeronautical safety authority has an 
                        aircraft certification system relating 
                        to safety that produces a level of 
                        safety equivalent to the level produced 
                        by the system of the Federal Aviation 
                        Administration; and
                          (iv) the aeronautical safety 
                        authority utilizes an open and 
                        transparent public notice and comment 
                        process in the issuance of 
                        airworthiness directives.
                  (B) Alternative approval process.--
                Notwithstanding subparagraph (A), the 
                Administrator may issue a Federal Aviation 
                Administration airworthiness directive instead 
                of accepting the airworthiness directive issued 
                by the aeronautical safety authority of a 
                foreign country if the Administrator determines 
                that such issuance is necessary for safety or 
                operational reasons due to the complexity or 
                unique features of the Federal Aviation 
                Administration airworthiness directive or the 
                United States aviation system.
                  (C) Alternative means of compliance.--The 
                Administrator may--
                          (i) accept an alternative means of 
                        compliance, with respect to an 
                        airworthiness directive under 
                        subparagraph (A), that was approved by 
                        the aeronautical safety authority of 
                        the foreign country that issued the 
                        airworthiness directive; or
                          (ii) notwithstanding subparagraph 
                        (A), and at the request of any person 
                        affected by an airworthiness directive 
                        under that subparagraph, the 
                        Administrator may approve an 
                        alternative means of compliance with 
                        respect to the airworthiness directive.
  (f) Exemptions.--The Administrator may grant an exemption 
from a requirement of a regulation prescribed under subsection 
(a) or (b) of this section or any of sections 44702-44716 of 
this title if the Administrator finds the exemption is in the 
public interest.

Sec. 44703. Airman certificates

           *       *       *       *       *       *       *


  (i) FAA Pilot Records Database.--
          (1) In general.--Before allowing an individual to 
        begin service as a pilot, an air carrier shall access 
        and evaluate, in accordance with the requirements of 
        this subsection, information pertaining to the 
        individual from the pilot records database established 
        under paragraph (2).
          (2) Pilot records database.--[The Administrator shall 
        establish] Not later than April 30, 2017, the 
        Administrator shall establish and make available for 
        use an electronic database (in this subsection referred 
        to as the ``database'') containing the following 
        records:
                  (A) FAA records.--From the Administrator--
                          (i) records that are maintained by 
                        the Administrator concerning current 
                        airman certificates, including airman 
                        medical certificates and associated 
                        type ratings and information on any 
                        limitations to those certificates and 
                        ratings;
                          (ii) records that are maintained by 
                        the Administrator concerning any failed 
                        attempt of an individual to pass a 
                        practical test required to obtain a 
                        certificate or type rating under part 
                        61 of title 14, Code of Federal 
                        Regulations; and
                          (iii) summaries of legal enforcement 
                        actions resulting in a finding by the 
                        Administrator of a violation of this 
                        title or a regulation prescribed or 
                        order issued under this title that was 
                        not subsequently overturned.
                  (B) Air carrier and other records.--From any 
                air carrier or other person (except a branch of 
                the Armed Forces, the National Guard, or a 
                reserve component of the Armed Forces) that has 
                employed an individual as a pilot of a civil or 
                public aircraft, or from the trustee in 
                bankruptcy for the air carrier or person--
                          (i) records pertaining to the 
                        individual that are maintained by the 
                        air carrier (other than records 
                        relating to flight time, duty time, or 
                        rest time) or person, including records 
                        under regulations set forth in--
                                  (I) section 121.683 of title 
                                14, Code of Federal 
                                Regulations;
                                  (II) section 121.111(a) of 
                                such title;
                                  (III) section 121.219(a) of 
                                such title;
                                  (IV) section 125.401 of such 
                                title; and
                                  (V) section 135.63(a)(4) of 
                                such title; and
                          (ii) other records pertaining to the 
                        individual's performance as a pilot 
                        that are maintained by the air carrier 
                        or person concerning--
                                  (I) the training, 
                                qualifications, proficiency, or 
                                professional competence of the 
                                individual, including comments 
                                and evaluations made by a check 
                                airman designated in accordance 
                                with section 121.411, 125.295, 
                                or 135.337 of such title;
                                  (II) any disciplinary action 
                                taken with respect to the 
                                individual that was not 
                                subsequently overturned; and
                                  (III) any release from 
                                employment or resignation, 
                                termination, or 
                                disqualification with respect 
                                to employment.
                  (C) National driver register records.--In 
                accordance with section 30305(b)(8) of this 
                title, from the chief driver licensing official 
                of a State, information concerning the motor 
                vehicle driving record of the individual.

           *       *       *       *       *       *       *


Sec. 44704. Type certificates, production certificates, [airworthiness 
                    certificates,,] airworthiness certificates, and 
                    design and production organization certificates

  (a) Type Certificates.--
          (1) Issuance, investigations, and tests.--The 
        Administrator of the Federal Aviation Administration 
        shall issue a type certificate for an aircraft, 
        aircraft engine, or propeller, or for an appliance 
        specified under paragraph (2)(A) of this subsection 
        when the Administrator finds that the aircraft, 
        aircraft engine, propeller, or appliance is properly 
        designed and manufactured, performs properly, and meets 
        the regulations and minimum standards prescribed under 
        section 44701(a) of this title. On receiving an 
        application for a type certificate, the Administrator 
        shall investigate the application and may conduct a 
        hearing. The Administrator shall make, or require the 
        applicant to make, tests the Administrator considers 
        necessary in the interest of safety.
          (2) Specifications.--The Administrator may--
                  (A) specify in regulations those appliances 
                that reasonably require a type certificate in 
                the interest of safety;
                  (B) include in a type certificate terms 
                required in the interest of safety; and
                  (C) record on the certificate a numerical 
                specification of the essential factors related 
                to the performance of the aircraft, aircraft 
                engine, or propeller for which the certificate 
                is issued.
          (3) Special rules for new aircraft and appliances.--
        Except as provided in paragraph (4), if the holder of a 
        type certificate agrees to permit another person to use 
        the certificate to manufacture a new aircraft, aircraft 
        engine, propeller, or appliance, the holder shall 
        provide the other person with written evidence, in a 
        form acceptable to the Administrator, of that 
        agreement. Such other person may manufacture a new 
        aircraft, aircraft engine, propeller, or appliance 
        based on a type certificate only if such other person 
        is the holder of the type certificate or has permission 
        from the holder.
          (4) Limitation for aircraft manufactured before 
        august 5, 2004.--Paragraph (3) shall not apply to a 
        person who began the manufacture of an aircraft before 
        August 5, 2004, and who demonstrates to the 
        satisfaction of the Administrator that such manufacture 
        began before August 5, 2004, if the name of the holder 
        of the type certificate for the aircraft does not 
        appear on the airworthiness certificate or 
        identification plate of the aircraft. The holder of the 
        type certificate for the aircraft shall not be 
        responsible for the continued airworthiness of the 
        aircraft. A person may invoke the exception provided by 
        this paragraph with regard to the manufacture of only 
        one aircraft.
          (5) Release of data.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Administrator may make 
                available upon request, to a person seeking to 
                maintain the airworthiness or develop product 
                improvements of an aircraft, engine, propeller, 
                or appliance, engineering data in the 
                possession of the Administration relating to a 
                type certificate or a supplemental type 
                certificate for such aircraft, engine, 
                propeller, or appliance, without the consent of 
                the owner of record, if the Administrator 
                determines that--
                          (i) the certificate containing the 
                        requested data has been inactive for 3 
                        or more years, except that the 
                        Administrator may reduce this time if 
                        required to address an unsafe condition 
                        associated with the product;
                          (ii) after using due diligence, the 
                        Administrator is unable to find the 
                        owner of record, or the owner of 
                        record's heir, of the type certificate 
                        or supplemental type certificate; and
                          (iii) making such data available will 
                        enhance aviation safety.
                  (B) Engineering data defined.--In this 
                section, the term ``engineering data'' as used 
                with respect to an aircraft, engine, propeller, 
                or appliance means type design drawing and 
                specifications for the entire aircraft, engine, 
                propeller, or appliance or change to the 
                aircraft, engine, propeller, or appliance, 
                including the original design data, and any 
                associated supplier data for individual parts 
                or components approved as part of the 
                particular certificate for the aircraft, 
                engine, propeller, or appliance.
                  (C) Requirement to maintain data.--The 
                Administrator shall maintain engineering data 
                in the possession of the Administration 
                relating to a type certificate or a 
                supplemental type certificate that has been 
                inactive for 3 or more years.
          (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 pre-established 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.

           *       *       *       *       *       *       *


Sec. 44709. Amendments, modifications, suspensions, and revocations of 
                    certificates

  (a) Reinspection and Reexamination.--[The Administrator]
          (1) In general.--The Administrator of the Federal 
        Aviation Administration may reinspect at any time a 
        civil aircraft, aircraft engine, propeller, appliance, 
        design organization, production certificate holder, air 
        navigation facility, or air agency, or [reexamine], 
        except as provided in paragraph (2), reexamine an 
        airman holding a certificate issued under section 44703 
        of this title.
          (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) Actions of the Administrator.--[The Administrator]
          (1) In general.--Except as provided in paragraph (2), 
        the Administrator may issue an order amending, 
        modifying, suspending, or revoking--
                  [(1)](A) any part of a certificate issued 
                under this chapter if--
                          [(A)](i) the Administrator decides 
                        after conducting a reinspection, 
                        reexamination, or other investigation 
                        that safety in air commerce or air 
                        transportation and the public interest 
                        require that action; or
                          [(B)](ii) the holder of the 
                        certificate has violated an aircraft 
                        noise or sonic boom standard or 
                        regulation prescribed under section 
                        44715(a) of this title; and
                  [(2)](B) an airman certificate when the 
                holder of the certificate is convicted of 
                violating section 13(a) of the Fish and 
                Wildlife Act of 1956 (16 U.S.C. 742j-1(a)).
          (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) Advice to Certificate Holders and Opportunity to 
Answer.--Before acting under subsection (b) of this section, 
the Administrator shall advise the holder of the certificate of 
the charges or other reasons on which the Administrator relies 
for the proposed action. Except in an emergency, the 
Administrator shall provide the holder an opportunity to answer 
the charges and be heard why the certificate should not be 
amended, modified, suspended, or revoked.
  (d) Appeals.--
          (1) A person adversely affected by an order of the 
        Administrator under this section may appeal the order 
        to the National Transportation Safety Board. After 
        notice and an opportunity for a hearing, the Board may 
        amend, modify, or reverse the order when the Board 
        finds--
                  (A) if the order was issued under [subsection 
                (b)(1)(A)] subsection (b)(1)(A)(i) of this 
                section, that safety in air commerce or air 
                transportation and the public interest do not 
                require affirmation of the order; or
                  (B) if the order was issued under [subsection 
                (b)(1)(B)] subsection (b)(1)(A)(ii) of this 
                section--
                          (i) that control or abatement of 
                        aircraft noise or sonic boom and the 
                        public health and welfare do not 
                        require affirmation of the order; or
                          (ii) the order, as it is related to a 
                        violation of aircraft noise or sonic 
                        boom standards and regulations, is not 
                        consistent with safety in air commerce 
                        or air transportation.
          (2) The Board may modify a suspension or revocation 
        of a certificate to imposition of a civil penalty.
          (3) When conducting a hearing under this subsection, 
        the Board is not bound by findings of fact of the 
        Administrator. * * *

Sec. 44718. Structures interfering with air commerce

  (a) Notice.--By regulation or by order when necessary, the 
Secretary of Transportation shall require a person to give 
adequate public notice, in the form and way the Secretary 
prescribes, of the construction, alteration, establishment, or 
expansion, or the proposed construction, alteration, 
establishment, or expansion, of a structure or sanitary 
landfill when the notice will promote--
          (1) safety in air commerce; and
          (2) the efficient use and preservation of the 
        navigable airspace and of airport traffic capacity at 
        public-use airports.
  (b) Studies.--
          (1) Under regulations prescribed by the Secretary, if 
        the Secretary decides that constructing or altering a 
        structure may result in an obstruction of the navigable 
        airspace or an interference with [air navigation 
        facilities and equipment] air or space navigation 
        facilities and equipment or the navigable airspace, the 
        Secretary shall conduct an aeronautical study to decide 
        the extent of any adverse impact on the safe and 
        efficient use of the airspace, facilities, or 
        equipment. In conducting the study, the Secretary shall 
        consider factors relevant to the efficient and 
        effective use of the navigable airspace, including--
                  (A) the impact on arrival, departure, and en 
                route procedures for aircraft operating under 
                visual flight rules;
                  (B) the impact on arrival, departure, and en 
                route procedures for aircraft operating under 
                instrument flight rules;
                  (C) the impact on existing public-use 
                airports and aeronautical facilities;
                  (D) the impact on planned public-use airports 
                and aeronautical facilities; [and]
                  (E) the cumulative impact resulting from the 
                proposed construction or alteration of a 
                structure when combined with the impact of 
                other existing or proposed structures[.]; and
                  (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.
          (2) On completing the study, the Secretary shall 
        issue a report disclosing completely the extent of the 
        adverse impact on the safe and efficient use of the 
        navigable airspace that the Secretary finds will result 
        from constructing or altering the structure. * * *

Sec. 44728. Flight attendant certification

  (c) Designation of Person to Determine Successful Completion 
of Training.--In accordance with part 183 of [chapter] title 
14, Code of Federal Regulation, the director of operations of 
an air carrier is designated to determine that an individual 
has successfully completed the training requirements approved 
by the Administrator for such individual to serve as a flight 
attendant.
  (d) Specifications Relating to Certificates.--Each 
certificate issued under this section shall--
          (1) be numbered and recorded by the Administrator;
          (2) contain the name, address, and description of the 
        individual to whom the certificate is issued;
          (3) [is] be similar in size and appearance to 
        certificates issued to airmen;
          (4) contain the airplane group for which the 
        certificate is issued; and
          (5) be issued not later than 120 days after the 
        Administrator receives notification from the air 
        carrier of demonstrated proficiency and, in the case of 
        an individual serving as flight attendant on the 
        effective date of this section, not later than 1 year 
        after such effective date. * * *

Sec. 44731. Collection of data on helicopter air ambulance operations

  (a) In General.--The Administrator of the Federal Aviation 
Administration shall require a part 135 certificate holder 
providing helicopter air ambulance services to submit to the 
Administrator, [not later than 1 year after the date of 
enactment of this section, and annually thereafter] annually, a 
report containing, at a minimum, the following data:
          (1) The number of helicopters that the certificate 
        holder uses to provide helicopter air ambulance 
        services and the base locations of the helicopters.
          (2) The number of [flights and hours flown, by 
        registration number, during which helicopters operated 
        by the certificate holder were providing helicopter air 
        ambulance services] hours flown by the helicopters 
        operated by the certificate holder.
          (3) The number [of flight] of patients transported 
        and the number of patient transport requests for a 
        helicopter providing air ambulance services that were 
        accepted or declined by the certificate holder and the 
        type of each such flight request (such as scene 
        response, interfacility transport, or organ transport[, 
        or ferry or repositioning flight]).
          (4) The number of accidents, if any, involving 
        helicopters operated by the certificate holder while 
        providing air ambulance services and a description of 
        the accidents.
          (5) The number of [flights and] hours flown under 
        instrument flight rules by helicopters operated by the 
        certificate holder [while providing air ambulance 
        services].
          [(6) The time of day of each flight flown by 
        helicopters operated by the certificate holder while 
        providing air ambulance services.]
          (6) The number of hours flown at night by helicopters 
        operated by the certificate holder.
          (7) The number of incidents, if any, in which a 
        helicopter was not directly dispatched and arrived to 
        transport patients but was not utilized for patient 
        transport.
  (b) Reporting Period.--Data contained in a report submitted 
by a part 135 certificate holder under subsection (a) shall 
relate to such reporting period as the Administrator determines 
appropriate.
  (c) Database.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall develop a 
method to collect and store the data collected under subsection 
(a), including a method to protect the confidentiality of any 
trade secret or proprietary information provided in response to 
this section.
  (d) Report to Congress.--[Not later than 2 years after the 
date of enactment of this section, and annually thereafter, the 
Administrator shall submit] The Administrator shall submit 
annually to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report containing a 
summary of the data collected under subsection (a). 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.
  (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.
  [(e)](f) Definitions.--In this section, the terms ``part 
135'' and ``part 135 certificate holder'' have the meanings 
given such terms in section 44730.

Sec. 44733. Inspection of repair stations located outside the United 
                    States

           *       *       *       *       *       *       *


  (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).
  [(f)](g) Definitions.--In this section, the following 
definitions apply:
          (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.
          [(1)](2) Part 121 air carrier.--The term ``part 121 
        air carrier'' means an air carrier that holds a 
        certificate issued under part 121 of title 14, Code of 
        Federal Regulations.
          [(2)](3) Part 145 repair station.--The term ``part 
        145 repair station'' means a repair station that holds 
        a certificate issued under part 145 of title 14, Code 
        of Federal Regulations.

Sec. 44736. Organization designation authorizations

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

                 CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS

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.

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

Sec. 44803. Aircraft safety standards

  (a) Consensus Aircraft Safety Standards.--Not later than 60 
days after the date of enactment of the Federal Aviation 
Administration Reauthorization Act of 2016, the Director of the 
National Institute of Standards and Technology and the 
Administrator of the Federal Aviation Administration, in 
consultation with government and industry stakeholders and 
appropriate standards-setting organizations, shall initiate a 
collaborative process to develop risk-based, consensus industry 
airworthiness standards related to the safe integration of 
small unmanned aircraft systems into the national airspace 
system.
  (b) Considerations.--In developing the consensus aircraft 
safety standards, the Director and Administrator shall consider 
the following:
          (1) Technologies or standards related to geographic 
        limitations, altitude limitations, and sense and avoid 
        capabilities.
          (2) Using performance-based standards.
          (3) Predetermined action to maintain safety in the 
        event that a communications link between a small 
        unmanned aircraft and its operator is lost or 
        compromised.
          (4) Detectability and identifiability to pilots, the 
        Federal Aviation Administration, and air traffic 
        controllers, as appropriate.
          (5) Means to prevent tampering with or modification 
        of any system, limitation, or other safety mechanism or 
        standard under this section or any other provision of 
        law, including a means to identify any tampering or 
        modification that has been made.
          (6) Consensus identification standards under section 
        2105.
          (7) How to update or modify a small unmanned aircraft 
        system that was commercially distributed prior to the 
        development of the consensus aircraft safety standards 
        so that, to the greatest extent practicable, such 
        systems meet the consensus aircraft safety standards.
          (8) Any technology or standard related to small 
        unmanned aircraft systems that promotes aviation 
        safety.
  (c) Consultation.--In developing the consensus aircraft 
safety standards under subsection (a), the Director and 
Administrator shall consult with--
          (1) the Administrator of the National Aeronautics and 
        Space Administration;
          (2) the President of RTCA, Inc.;
          (3) the Secretary of Defense;
          (4) each operator of a test site under section 44802;
          (5) the Center of Excellence for Unmanned Aircraft 
        Systems;
          (6) unmanned aircraft systems stakeholders; and
          (7) community-based aviation organizations.
  (d) FAA Approval.--Not later than 1 year after the date of 
enactment of the Federal Aviation Administration 
Reauthorization Act of 2016, the Administrator of the Federal 
Aviation Administration shall establish a process for the 
approval of small unmanned aircraft systems make and models 
based upon the consensus aircraft safety standards developed 
under subsection (a). The consensus aircraft safety standards 
developed under subsection (a) shall allow the Administrator to 
approve small unmanned aircraft systems for operation within 
the national airspace system without requiring the type 
certification process in parts 21 and 23 of the Code of Federal 
Regulations.
  (e) Eligibility.--The consensus aircraft safety standards for 
approval of small unmanned aircraft systems developed under 
this section shall set eligibility requirements for an 
airworthiness approval of a small unmanned aircraft system 
which shall include the following:
          (1) An applicant must provide the Federal Aviation 
        Administration with--
                  (A) the aircraft's operating instructions; 
                and
                  (B) the manufacturer's statement of 
                compliance as described in subsection (f) of 
                this section.
          (2) A sample aircraft must be inspected by the 
        Federal Aviation Administration and found to be in a 
        condition for safe operation and in compliance with the 
        consensus aircraft safety standards required by the 
        Administrator in subsection (d).
  (f) Manufacturer's Statement of Compliance for Small UAS.--
The manufacturer's statement of compliance shall--
          (1) identify the aircraft make and model, and 
        consensus aircraft safety standard used;
          (2) state that the aircraft make and model meets the 
        provisions of the standard identified in paragraph (1);
          (3) state that the aircraft make and model conforms 
        to the manufacturer's design data, using the 
        manufacturer's quality assurance system that meets the 
        identified consensus standard adopted by the 
        Administrator in subsection (d), and is manufactured in 
        way that ensures consistency in the production process 
        so that every unit produced meets the applicable 
        consensus aircraft safety standards;
          (4) state that the manufacturer will make available 
        to any interested person--
                  (A) the aircraft's operating instructions, 
                that meet the standard identified in paragraph 
                (1); and
                  (B) the aircraft's maintenance and inspection 
                procedures, that meet the standard identified 
                in paragraph (1);
          (5) state that the manufacturer will monitor and 
        correct safety-of-flight issues through a continued 
        airworthiness system that meets the standard identified 
        in paragraph (1);
          (6) state that at the request of the Administration, 
        the manufacturer will provide access by the 
        Administration to its facilities; and
          (7) state that the manufacturer, in accordance with a 
        production acceptance test procedure that meets an 
        applicable consensus aircraft safety standard has--
                  (A) ground and flight tested random samples 
                of the aircraft;
                  (B) found the sample aircraft performance 
                acceptable; and
                  (C) determined that the make and model of 
                aircraft is suitable for safe operation.
  (g) Prohibition.--It shall be unlawful for any person to 
introduce or deliver for introduction into interstate commerce 
any unmanned aircraft manufactured after the date 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.

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.

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.

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.

Sec. 44807. Public unmanned aircraft systems

  (a) Guidance.--The Secretary of Transportation shall issue 
guidance regarding the operation of a public unmanned aircraft 
system--
          (1) to streamline the process for the issuance of a 
        certificate of authorization or a certificate of 
        waiver;
          (2) to provide for a collaborative process with 
        public agencies to allow for an incremental expansion 
        of access to the national airspace system as technology 
        matures and the necessary safety analyses and data 
        become available, and until standards are completed and 
        technology issues are resolved;
          (3) to facilitate the capability of public agencies 
        to develop and use test ranges, subject to operating 
        restrictions required by the Federal Aviation 
        Administration, to test and operate public unmanned 
        aircraft systems; and
          (4) to provide guidance on a public agency's 
        responsibilities when operating an unmanned aircraft 
        without a civil airworthiness certificate issued by the 
        Administration.
  (b) Standards for Operation and Certification.--The 
Administrator of the Federal Aviation Administration shall 
develop and implement operational and certification 
requirements for the operation of a public unmanned aircraft 
system in the national airspace system.
  (c) Agreements With Government Agencies.--
          (1) In general.--The Secretary shall enter into an 
        agreement with each appropriate public agency to 
        simplify the process for issuing a certificate of 
        waiver or a certificate of authorization with respect 
        to an application for authorization to operate a public 
        unmanned aircraft system in the national airspace 
        system.
          (2) Contents.--An agreement under paragraph (1) 
        shall--
                  (A) with respect to an application described 
                in paragraph (1)--
                          (i) provide for an expedited review 
                        of the application;
                          (ii) require a decision by the 
                        Administrator on approval or 
                        disapproval not later than 60 business 
                        days after the date of submission of 
                        the application;
                          (iii) allow for an expedited appeal 
                        if the application is disapproved; and
                          (iv) if applicable, include 
                        verification of the data minimization 
                        policy required under subsection (d);
                  (B) allow for a one-time approval of similar 
                operations carried out during a fixed period of 
                time; and
                  (C) allow a government public safety agency 
                to operate an unmanned aircraft weighing 25 
                pounds or less if that unmanned aircraft is 
                operated--
                          (i) within or beyond the line of 
                        sight of the operator;
                          (ii) less than 400 feet above the 
                        ground;
                          (iii) during daylight conditions;
                          (iv) within Class G airspace; and
                          (v) outside of 5 statute miles from 
                        any airport, heliport, seaplane base, 
                        spaceport, or other location with 
                        aviation activities.
  (d) Data Minimization for Certain Public Unmanned Aircraft 
System Operators.--Not later than 180 days after the date of 
enactment of the Federal Aviation Administration 
Reauthorization Act of 2016 each Federal agency authorized by 
the Secretary to operate an unmanned aircraft system shall 
develop and update a data minimization policy that requires, at 
a minimum, that--
          (1) prior to the deployment of any new unmanned 
        aircraft system technology, and at least every 3 years, 
        existing policies and procedures relating to the 
        collection, use, retention, and dissemination of 
        information obtained by an unmanned aircraft system 
        must be examined to ensure that privacy, civil rights, 
        and civil liberties are protected;
          (2) if the unmanned aircraft system is the platform 
        for information collection, information must be 
        collected, used, retained, and disseminated consistent 
        with the Constitution, Federal law, and other 
        applicable regulations and policies, such as the 
        Privacy Act of 1974 (5 U.S.C. 552a);
          (3) the Federal agency or person operating on its 
        behalf, only collect information using the unmanned 
        aircraft system, or use unmanned aircraft system-
        collected information, to the extent that the 
        collection or use is consistent with and relevant to an 
        authorized purpose as determined by the head of a 
        Federal agency and consistent with the law;
          (4) any information collected, using an unmanned 
        aircraft or an unmanned aircraft system, that may 
        contain personal information will not be retained by 
        any Federal agency for more than 180 days after the 
        date of collection unless--
                  (A) the head of the Federal agency determines 
                that retention of the information is directly 
                relevant and necessary to accomplish the 
                specific purpose for which the Federal agency 
                used the unmanned aircraft system;
                  (B) that Federal agency maintains the 
                information in a system of records under 
                section 552a of title 5; or
                  (C) the information is required to be 
                retained for a longer period under other 
                applicable law, including regulations;
          (5) any information collected, using an unmanned 
        aircraft or unmanned aircraft system, that is not 
        maintained in a system of records under section 552a of 
        title 5, will not be disseminated outside of that 
        Federal agency unless--
                  (A) dissemination is required by law; or
                  (B) dissemination satisfies an authorized 
                purpose and complies with that Federal agency's 
                disclosure requirements;
          (6) to the extent it does not compromise law 
        enforcement or national security a Federal agency 
        shall--
                  (A) provide notice to the public regarding 
                where in the national airspace system the 
                Federal agency is authorized to operate the 
                unmanned aircraft system;
                  (B) keep the public informed about the 
                Federal agency's unmanned aircraft system 
                program, including any changes to that program 
                that would significantly affect privacy, civil 
                rights, or civil liberties;
                  (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.

Sec. 44808. Special rules for model aircraft

  (a) In General.--Notwithstanding any other provision of law 
relating to the incorporation of unmanned aircraft systems into 
Federal Aviation Administration plans and policies, including 
this chapter, the Administrator of the Federal Aviation 
Administration may not promulgate any new rule or regulation 
specific only to an unmanned aircraft operating as a model 
aircraft if--
          (1) the aircraft is flown strictly for hobby or 
        recreational use;
          (2) the aircraft is operated in accordance with a 
        community-based set of safety guidelines and within the 
        programming of a nationwide community-based 
        organization;
          (3) not flown beyond visual line of sight of persons 
        co-located with the operator or in direct communication 
        with the operator;
          (4) the aircraft is operated in a manner that does 
        not interfere with and gives way to any manned 
        aircraft;
          (5) when flown within 5 miles of an airport, the 
        operator of the aircraft provides the airport operator, 
        where applicable, and the airport air traffic control 
        tower (when an air traffic facility is located at the 
        airport) with prior notice and receives approval from 
        the tower, to the extent practicable, for the operation 
        from each (model aircraft operators flying from a 
        permanent location within 5 miles of an airport should 
        establish a mutually-agreed upon operating procedure 
        with the airport operator and the airport air traffic 
        control tower (when an air traffic facility is located 
        at the airport));
          (6) the aircraft is flown from the surface to not 
        more than 400 feet in altitude, except under special 
        conditions and programs established by a community-
        based organization; and
          (7) the operator has passed an aeronautical knowledge 
        and safety test administered by the Federal Aviation 
        Administration online for the operation of unmanned 
        aircraft systems subject to the requirements of section 
        44809 and maintains proof of test passage to be made 
        available to the Administrator or law enforcement upon 
        request.
  (b) Updates.--
          (1) In general.--The Administrator, in collaboration 
        with government and industry stakeholders, including 
        nationwide community-based organizations, shall 
        initiate a process to update the operational parameters 
        under subsection (a), as appropriate.
          (2) Considerations.--In updating an operational 
        parameter under paragraph (1), the Administrator shall 
        consider--
                  (A) appropriate operational limitations to 
                mitigate aviation safety risk and risk to the 
                uninvolved public;
                  (B) operations outside the membership, 
                guidelines, and programming of a nationwide 
                community-based organization;
                  (C) physical characteristics, technical 
                standards, and classes of aircraft operating 
                under this section;
                  (D) trends in use, enforcement, or incidents 
                involving unmanned aircraft systems; and
                  (E) ensuring, to the greatest extent 
                practicable, that updates to the operational 
                parameters correspond to, and leverage, 
                advances in technology.
          (3) Savings clause.--Nothing in this subsection shall 
        be construed as expanding the authority of the 
        Administrator to require operators of model aircraft 
        under the exemption of this subsection to be required 
        to seek permissive authority of the Administrator prior 
        to operation in the national airspace system.
  (c) Statutory Construction.--Nothing in this section shall be 
construed to limit the authority of the Administrator to pursue 
enforcement action against persons operating model aircraft.
  (d) Model Aircraft Defined.--In this section, the term 
``model aircraft'' means an unmanned aircraft that--
          (1) is capable of sustained flight in the atmosphere; 
        and
          (2) is limited to weighing not more than 55 pounds, 
        including the weight of anything attached to or carried 
        by the aircraft, unless otherwise approved through a 
        design, construction, inspection, flight test, and 
        operational safety program administered by a community-
        based organization.

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.

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).

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.

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.

                         CHAPTER 449. SECURITY

              SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

Sec. 44941. Immunity for reporting suspicious activities

  (a) In General.--Any air carrier or foreign air carrier or 
any employee of an air carrier or foreign air carrier who makes 
a voluntary disclosure of any suspicious transaction relevant 
to a possible violation of law or regulation, relating to air 
piracy, a threat to aircraft or passenger safety, [or 
terrorism, as defined by section 3077 of title 18, United 
States Code,] human trafficking (as defined by section 41725), 
or terrorism (as defined by section 3077 of title 18) to any 
employee or agent of the Department of Transportation, the 
Department of Justice, any Federal, State, or local law 
enforcement officer, or any airport or airline security officer 
shall not be civilly liable to any person under any law or 
regulation of the United States, any constitution, law, or 
regulation of any State or political subdivision of any State, 
for such disclosure.
  (b) Application.--Subsection (a) shall not apply to--
          (1) any disclosure made with actual knowledge that 
        the disclosure was false, inaccurate, or misleading; or
          (2) any disclosure made with reckless disregard as to 
        the truth or falsity of that disclosure.

                           CHAPTER 453. FEES

Sec. 45301. General provisions

  (a) Schedule of Fees.--The Administrator shall establish a 
schedule of new fees, and a collection process for such fees, 
for the following services provided by the Administration:
          (1) Air traffic control and related services provided 
        to aircraft other than military and civilian aircraft 
        of the [United States government] United States 
        Government or of a foreign government that neither take 
        off from, nor land in, the United States.
          (2) Services (other than air traffic control 
        services) provided to a foreign government or services 
        provided to any entity obtaining services outside the 
        United States, except that the Administrator shall not 
        impose fees in any manner for production-certification 
        related service performed outside the United States 
        pertaining to aeronautical products manufactured 
        outside the United States.

           *       *       *       *       *       *       *


Sec. 45305. Registration, certification, and related fees

  (a) General Authority and Fees.--[Subject to subsection (b)] 
Subject to subsection (c), the Administrator of the Federal 
Aviation Administration shall establish and collect a fee for 
each of the following services and activities of the 
Administration that does not exceed the estimated costs of the 
service or activity:
          (1) Registering an aircraft.
          (2) Reregistering, replacing, or renewing an aircraft 
        registration certificate.
          (3) Issuing an original dealer's aircraft 
        registration certificate.
          (4) Issuing an additional dealer's aircraft 
        registration certificate (other than the original).
          (5) Issuing a special registration number.
          (6) Issuing a renewal of a special registration 
        number reservation.
          (7) Recording a security interest in an aircraft or 
        aircraft part.
          (8) Issuing an airman certificate.
          (9) Issuing a replacement airman certificate.
          (10) Issuing an airman medical certificate.
          (11) Providing a legal opinion pertaining to aircraft 
        registration or recordation.
  (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.
  [(b)](c) Limitation on Collection.--No fee may be collected 
under this section unless the expenditure of the fee to pay the 
costs of activities and services for which the fee is imposed 
is provided for in advance in an appropriations Act.
  [(c)](d) Fees Credited as Offsetting Collections.--
          (1) In general.--Notwithstanding section 3302 of 
        title 31, any fee authorized to be collected under this 
        section shall--
                  (A) be credited as offsetting collections to 
                the account that finances the activities and 
                services for which the fee is imposed;
                  (B) be available for expenditure only to pay 
                the costs of activities and services for which 
                the fee is imposed, including all costs 
                associated with collecting the fee; and
                  (C) remain available until expended.
          (2) Continuing appropriations.--The Administrator may 
        continue to assess, collect, and spend fees established 
        under this section during any period in which the 
        funding for the Federal Aviation Administration is 
        provided under an Act providing continuing 
        appropriations in lieu of the Administration's regular 
        appropriations.
          (3) Adjustments.--The Administrator shall adjust a 
        fee established under subsection (a) for a service or 
        activity if the Administrator determines that the 
        actual cost of the service or activity is higher or 
        lower than was indicated by the cost data used to 
        establish such fee.

                 SUBPART IV. ENFORCEMENT AND PENALTIES

              CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS

Sec. 46111. Certificate actions in response to a security threat

           *       *       *       *       *       *       *


  (g) Classified Evidence.--
          (1) In general.--The Under Secretary, in consultation 
        with the Administrator and the Director of Central 
        Intelligence, shall issue regulations to establish 
        procedures by which the Under Secretary, as part of a 
        hearing conducted under this section, may provide an 
        unclassified summary of classified evidence upon which 
        the order of the Administrator was based to the 
        individual adversely affected by the order.
          (2) Review of classified evidence by administrative 
        law judge.--
                  (A) Review.--As part of a hearing conducted 
                under this section, if the order of the 
                Administrator issued under subsection (a) is 
                based on classified information (as defined in 
                section 1(a) of the Classified Information 
                Procedures Act [(18 U.S.C. App.)] (18 U.S.C. 
                App.)), such information may be submitted by 
                the Under Secretary to the reviewing 
                administrative law judge, pursuant to 
                appropriate security procedures, and shall be 
                reviewed by the administrative law judge ex 
                parte and in camera.
                  (B) Security clearances.--Pursuant to 
                existing procedures and requirements, the Under 
                Secretary shall, in coordination, as necessary, 
                with the heads of other affected departments or 
                agencies, ensure that administrative law judges 
                reviewing orders of the Administrator under 
                this section possess security clearances 
                appropriate for their work under this section.
          (3) Unclassified summaries of classified evidence.--
        As part of a hearing conducted under this section and 
        upon the request of the individual adversely affected 
        by an order of the Administrator under subsection (a), 
        the Under Secretary shall provide to the individual and 
        reviewing administrative law judge, consistent with the 
        procedures established under paragraph (1), an 
        unclassified summary of any classified information upon 
        which the order of the Administrator is based.

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

                         CHAPTER 463. PENALTIES

Sec. 46301. Civil penalties

  (a) General Penalty.--
          (1) A person is liable to the United States 
        Government for a civil penalty of not more than $25,000 
        (or $1,100 if the person is an individual or small 
        business concern) for violating--
                  (A) chapter 401 (except sections 40103(a) and 
                (d), 40105, 40116, and 40117), chapter 411, 
                chapter 413 (except sections 41307 and 
                41310(b)-(f)), chapter 415 (except sections 
                41502, 41505, and 41507-41509), chapter 417 
                (except sections 41703, 41704, 41710, 41713, 
                and 41714), chapter 419, subchapter II or III 
                of chapter 421, chapter 423, chapter 441 
                (except section 44109), 44502(b) or (c), 
                chapter 447 (except sections 44717 and 44719-
                44723), chapter 448, chapter 449 (except 
                sections 44902, 44903(d), 44904, 44907(a)-
                (d)(1)(A) and (d)(1)(C)-(f), and 44908), 
                chapter 451, section 47107(b) (including any 
                assurance made under such section), or section 
                47133 of this title;
                  (B) a regulation prescribed or order issued 
                under any provision to which clause (A) of this 
                paragraph applies;
                  (C) any term of a certificate or permit 
                issued under section 41102, 41103, or 41302 of 
                this title; or
                  (D) a regulation of the United States Postal 
                Service under this part.
          (2) A separate violation occurs under this subsection 
        for each day the violation (other than a violation of 
        section 41719) continues or, if applicable, for each 
        flight involving the violation (other than a violation 
        of section 41719).
          (3) Penalty for diversion of aviation revenues.--The 
        amount of a civil penalty assessed under this section 
        for a violation of section 47107(b) of this title (or 
        any assurance made under such section) or section 47133 
        of this title may be increased above the otherwise 
        applicable maximum amount under this section to an 
        amount not to exceed 3 times the amount of revenues 
        that are used in violation of such section.
          (4) Aviation security violations.--Notwithstanding 
        paragraph (1) of this subsection, the maximum civil 
        penalty for violating chapter 449 shall be $10,000; 
        except that the maximum civil penalty shall be $25,000 
        in the case of a person operating an aircraft for the 
        transportation of passengers or property for 
        compensation (except an individual serving as an 
        airman).
          (5) Penalties applicable to individuals and small 
        business concerns.--
                  (A) An individual (except an airman serving 
                as an airman) or small business concern is 
                liable to the Government for a civil penalty of 
                not more than $10,000 for violating--
                          (i) chapter 401 (except sections 
                        40103(a) and (d), 40105, 40106(b), 
                        40116, and 40117), section 44502 (b) or 
                        (c), chapter 447 (except sections 
                        44717-44723), chapter 448, chapter 449 
                        (except sections 44902, 44903(d), 
                        44904, and 44907-44909), or chapter 
                        451, or section 46314(a) of this title; 
                        or
                          (ii) a regulation prescribed or order 
                        issued under any provision to which 
                        clause (i) applies.
                  (B) A civil penalty of not more than $10,000 
                may be imposed for each violation under 
                paragraph (1) committed by an individual or 
                small business concern related to--
                          (i) the transportation of hazardous 
                        material;
                          (ii) the registration or recordation 
                        under chapter 441 of an aircraft not 
                        used to provide air transportation;
                          (iii) a violation of section 
                        44718(d), relating to the limitation on 
                        construction or establishment of 
                        landfills;
                          (iv) a violation of section 44725, 
                        relating to the safe disposal of life-
                        limited aircraft parts; or
                          (v) a violation of section 40127 or 
                        section 41705, relating to 
                        discrimination.
                  (C) Notwithstanding paragraph (1), the 
                maximum civil penalty for a violation of 
                section 41719 committed by an individual or 
                small business concern shall be $5,000 instead 
                of $1,000.
                  (D) Notwithstanding paragraph (1), the 
                maximum civil penalty for a violation of 
                section 41712 (including a regulation 
                prescribed or order issued under such section) 
                or any other regulation prescribed by the 
                Secretary by an individual or small business 
                concern that is intended to afford consumer 
                protection to commercial air transportation 
                passengers shall be $2,500 for each violation.
          (6) Failure to collect airport security badges.--
        Notwithstanding paragraph (1), any employer (other than 
        a governmental entity or airport operator) who employs 
        an employee to whom an airport security badge or other 
        identifier used to obtain access to a secure area of an 
        airport is issued before, on, or after the date of 
        enactment of this paragraph and who does not collect or 
        make reasonable efforts to collect such badge from the 
        employee on the date that the employment of the 
        employee is terminated and does not notify the operator 
        of the airport of such termination within 24 hours of 
        the date of such termination shall be liable to the 
        Government for a civil penalty not to exceed $10,000.
  (b) Smoke Alarm Device Penalty.--
          (1) A passenger may not tamper with, disable, or 
        destroy a smoke alarm device located in a lavatory on 
        an aircraft providing air transportation or intrastate 
        air transportation.
          (2) An individual violating this subsection is liable 
        to the Government for a civil penalty of not more than 
        $2,000.
  (c) Procedural Requirements.--
          (1) The Secretary of Transportation may impose a 
        civil penalty for the following violations only after 
        notice and an opportunity for a hearing:
                  (A) a violation of subsection (b) of this 
                section or chapter 411, chapter 413 (except 
                sections 41307 and 41310(b)-(f)), chapter 415 
                (except sections 41502, 41505, and 41507-
                41509), chapter 417 (except sections 41703, 
                41704, 41710, 41713, and 41714), chapter 419, 
                subchapter II of chapter 421, chapter 423, or 
                section 44909 of this title.
                  (B) a violation of a regulation prescribed or 
                order issued under any provision to which 
                clause (A) of this paragraph applies.
                  (C) a violation of any term of a certificate 
                or permit issued under section 41102, 41103, or 
                41302 of this title.
                  (D) a violation under subsection (a)(1) of 
                this section related to the transportation of 
                hazardous material.
          (2) The Secretary shall give written notice of the 
        finding of a violation and the civil penalty under 
        paragraph (1) of this subsection.
  (d) Administrative Imposition of Penalties.--
          (1) In this subsection--
                  (A) ``flight engineer'' means an individual 
                who holds a flight engineer certificate issued 
                under part 63 of title 14, Code of Federal 
                Regulations.
                  (B) ``mechanic'' means an individual who 
                holds a mechanic certificate issued under part 
                65 of title 14, Code of Federal Regulations.
                  (C) ``pilot'' means an individual who holds a 
                pilot certificate issued under part 61 of title 
                14, Code of Federal Regulations.
                  (D) ``repairman'' means an individual who 
                holds a repairman certificate issued under part 
                65 of title 14, Code of Federal Regulations.
          (2) The Administrator of the Federal Aviation 
        Administration may impose a civil penalty for a 
        violation of chapter 401 (except sections 40103(a) and 
        (d), 40105, 40106(b), 40116, and 40117), chapter 441 
        (except section 44109), section 44502(b) or (c), 
        chapter 447 (except sections 44717 and 44719-44723), 
        chapter 448, chapter 451, section 46301(b), section 
        46302 (for a violation relating to section 46504), 
        section 46318, section 46319, section 46320, or section 
        47107(b) (as further defined by the Secretary under 
        section 47107(k) and including any assurance made under 
        section 47107(b)) of this title or a regulation 
        prescribed or order issued under any of those 
        provisions. The Secretary of Homeland Security may 
        impose a civil penalty for a violation of chapter 449 
        (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 
        44907(d)(1)(C)-(f), 44908, and 44909), section 46302 
        (except for a violation relating to section 46504), or 
        section 46303 of this title or a regulation prescribed 
        or order issued under any of those provisions. The 
        Secretary of Homeland Security or Administrator shall 
        give written notice of the finding of a violation and 
        the penalty.
          (3) In a civil action to collect a civil penalty 
        imposed by the Secretary of Homeland Security or 
        Administrator under this subsection, the issues of 
        liability and the amount of the penalty may not be 
        reexamined.
          (4) Notwithstanding paragraph (2) of this subsection, 
        the district courts of the United States have exclusive 
        jurisdiction of a civil action involving a penalty the 
        Secretary of Homeland Security or Administrator 
        initiates if--
                  (A) the amount in controversy is more than--
                          (i) $50,000 if the violation was 
                        committed by any person before the date 
                        of enactment of the Vision 100-Century 
                        of Aviation Reauthorization Act
                          (ii) $400,000 if the violation was 
                        committed by a person other than an 
                        individual or small business concern on 
                        or after that date; or
                          (iii) $50,000 if the violation was 
                        committed by an individual or small 
                        business concern on or after that date;
                  (B) the action is in rem or another action in 
                rem based on the same violation has been 
                brought;
                  (C) the action involves an aircraft subject 
                to a lien that has been seized by the 
                Government; or
                  (D) another action has been brought for an 
                injunction based on the same violation.
          (5)(A) The Administrator may issue an order imposing 
        a penalty under this subsection against an individual 
        acting as a pilot, flight engineer, mechanic, or 
        repairman only after advising the individual of the 
        charges or any reason the Administrator relied on for 
        the proposed penalty and providing the individual an 
        opportunity to answer the charges and be heard about 
        why the order shall not be issued.
                  (B) An individual acting as a pilot, flight 
                engineer, mechanic, or repairman may appeal an 
                order imposing a penalty under this subsection 
                to the National Transportation Safety Board. 
                After notice and an opportunity for a hearing 
                on the record, the Board shall affirm, modify, 
                or reverse the order. The Board may modify a 
                civil penalty imposed to a suspension or 
                revocation of a certificate.
                  (C) When conducting a hearing under this 
                paragraph, the Board is not bound by findings 
                of fact of the Administrator but is bound by 
                all validly adopted interpretations of laws and 
                regulations the Administrator carries out and 
                of written agency policy guidance available to 
                the public related to sanctions to be imposed 
                under this section unless the Board finds an 
                interpretation is arbitrary, capricious, or 
                otherwise not according to law.
                  (D) When an individual files an appeal with 
                the Board under this paragraph, the order of 
                the Administrator is stayed.
          (6) An individual substantially affected by an order 
        of the Board under paragraph (5) of this subsection, or 
        the Administrator when the Administrator decides that 
        an order of the Board under paragraph (5) will have a 
        significant adverse impact on carrying out this part, 
        may obtain judicial review of the order under section 
        46110 of this title. The Administrator shall be made a 
        party to the judicial review proceedings. Findings of 
        fact of the Board are conclusive if supported by 
        substantial evidence.
          (7)(A) The Administrator may impose a penalty on a 
        person (except an individual acting as a pilot, flight 
        engineer, mechanic, or repairman) only after notice and 
        an opportunity for a hearing on the record.
                  (B) In an appeal from a decision of an 
                administrative law judge as the result of a 
                hearing under subparagraph (A) of this 
                paragraph, the Administrator shall consider 
                only whether--
                          (i) each finding of fact is supported 
                        by a preponderance of reliable, 
                        probative, and substantial evidence;
                          (ii) each conclusion of law is made 
                        according to applicable law, precedent, 
                        and public policy; and
                          (iii) the judge committed a 
                        prejudicial error that supports the 
                        appeal.
                  (C) Except for good cause, a civil action 
                involving a penalty under this paragraph may 
                not be initiated later than 2 years after the 
                violation occurs.
                  (D) In the case of a violation of section 
                47107(b) of this title or any assurance made 
                under such section--
                          (i) a civil penalty shall not be 
                        assessed against an individual;
                          (ii) a civil penalty may be 
                        compromised as provided under 
                        subsection (f); and
                          (iii) judicial review of any order 
                        assessing a civil penalty may be 
                        obtained only pursuant to section 46110 
                        of this title.
          (8) The maximum civil penalty the Under Secretary, 
        Administrator, or Board may impose under this 
        subsection is--
                  (A) $50,000 if the violation was committed by 
                any person before the date of enactment of the 
                Vision 100--Century of Aviation Reauthorization 
                Act;
                  (B) $400,000 if the violation was committed 
                by a person other than an individual or small 
                business concern on or after that date; or
                  (C) $50,000 if the violation was committed by 
                an individual or small business concern on or 
                after that date.
          (9) This subsection applies only to a violation 
        occurring after August 25, 1992.
  (e) Penalty Considerations.--In determining the amount of a 
civil penalty under subsection (a)(3) of this section related 
to transportation of hazardous material, the Secretary shall 
consider--
          (1) the nature, circumstances, extent, and gravity of 
        the violation;
          (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue doing business; and
          (3) other matters that justice requires.
  (f) Compromise and Setoff.--
          (1)(A) The Secretary may compromise the amount of a 
        civil penalty imposed for violating--
                          (i) chapter 401 (except sections 
                        40103(a) and (d), 40105, 40116, and 
                        40117), chapter 441 (except section 
                        44109), section 44502(b) or (c), 
                        chapter 447 (except 44717 and 44719-
                        44723), chapter 448, chapter 449 
                        (except sections 44902, 44903(d), 
                        44904, 44907(a)-(d)(1)(A) and 
                        (d)(1)(C)-(f), 44908, and 44909), or 
                        chapter 451 of this title; or
                          (ii) a regulation prescribed or order 
                        issued under any provision to which 
                        clause (i) of this subparagraph 
                        applies.
                  (B) The Postal Service may compromise the 
                amount of a civil penalty imposed under 
                subsection (a)(1)(D) of this section.
          (2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this subsection 
        from amounts it owes the person liable for the penalty.
  (g) Judicial Review.--An order of the Secretary or the 
Administrator imposing a civil penalty may be reviewed 
judicially only under section 46110 of this title.
  (h) Nonapplication.--
          (1) This section does not apply to the following when 
        performing official duties:
                  (A) a member of the armed forces of the 
                United States.
                  (B) a civilian employee of the Department of 
                Defense subject to the Uniform Code of Military 
                Justice.
          (2) The appropriate military authority is responsible 
        for taking necessary disciplinary action and submitting 
        to the Secretary (or the Under Secretary of 
        Transportation for Security with respect to security 
        duties and powers designated to be carried out by the 
        Under Secretary or the Administrator with respect to 
        aviation safety duties and powers designated to be 
        carried out by the Administrator) a timely report on 
        action taken.
  (i) Small Business Concern Defined.--In this section, the 
term ``small business concern'' has the meaning given that term 
in section 3 of the Small Business Act (15 U.S.C. 632).

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.

                 PART B. AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471. AIRPORT DEVELOPMENT

                   SUBCHAPTER I. AIRPORT IMPROVEMENT

Sec. 47102. Definitions

  In this subchapter--
          (1) ``air carrier airport'' means a public airport 
        regularly served by--
                  (A) an air carrier certificated by the 
                Secretary of Transportation under section 41102 
                of this title (except a charter air carrier); 
                or
                  (B) at least one air carrier--
                          (i) operating under an exemption from 
                        section 41101(a)(1) of this title that 
                        the Secretary grants; and
                          (ii) having at least 2,500 passenger 
                        boardings at the airport during the 
                        prior calendar year.
          (2) ``airport''--
                  (A) means--
                          (i) an area of land or water used or 
                        intended to be used for the landing and 
                        taking off of aircraft;
                          (ii) an appurtenant area used or 
                        intended to be used for airport 
                        buildings or other airport facilities 
                        or rights of way; and
                          (iii) airport buildings and 
                        facilities located in any of those 
                        areas; and
                  (B) includes a heliport.
          (3) ``airport development'' means the following 
        activities, if undertaken by the sponsor, owner, or 
        operator of a public-use airport:
                  (A) constructing, repairing, or improving a 
                public-use airport, including--
                          (i) removing, lowering, relocating, 
                        marking, and lighting an airport 
                        hazard; and
                          (ii) preparing a plan or 
                        specification, including carrying out a 
                        field investigation.
                  (B) acquiring for, or installing at, a 
                public-use airport--
                          (i) a navigation aid or another aid 
                        (including a precision approach system) 
                        used by aircraft for landing at or 
                        taking off from the airport, including 
                        preparing the site as required by the 
                        acquisition or installation;
                          [(ii) safety or security equipment, 
                        including explosive detection devices, 
                        universal access systems, and emergency 
                        call boxes, the Secretary requires by 
                        regulation for, or approves as 
                        contributing significantly to, the 
                        safety or security 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;]
                          (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;
                          [(iii)](iv) equipment to remove snow, 
                        to measure runway surface friction, or 
                        for aviation-related weather reporting, 
                        including closed circuit weather 
                        surveillance equipment if the airport 
                        is located in Alaska;
                          [(iv)](v) firefighting and rescue 
                        equipment at an airport that serves 
                        scheduled passenger operations of air 
                        carrier aircraft designed for more than 
                        9 passenger seats;
                          [(v)](vi) aircraft deicing equipment 
                        and structures (except aircraft deicing 
                        fluids and storage facilities for the 
                        equipment and fluids);
                          [(vi)](vii) interactive training 
                        systems;
                          [(vii)](viii) windshear detection 
                        equipment that is certified by the 
                        Administrator of the Federal Aviation 
                        Administration;
                          [(viii)](ix) stainless steel 
                        adjustable lighting extensions approved 
                        by the Administrator;
                          [(ix)](x) engineered materials 
                        arresting systems as described in the 
                        Advisory Circular No. 150/5220-22 
                        published by the Federal Aviation 
                        Administration on August 21, 1998, 
                        including any revision to the circular; 
                        and
                          [(x)](xi) replacement of baggage 
                        conveyor systems, and reconfiguration 
                        of terminal baggage areas, that the 
                        Secretary determines are necessary to 
                        install bulk explosive detection 
                        devices; except that such activities 
                        shall be eligible for funding under 
                        this subchapter only using amounts 
                        apportioned under section 47114.
                  (C) acquiring an interest in land or 
                airspace, including land for future airport 
                development, that is needed--
                          (i) to carry out airport development 
                        described in subclause (A) or (B) of 
                        this clause; or
                          (ii) to remove or mitigate an 
                        existing airport hazard or prevent or 
                        limit the creation of a new airport 
                        hazard.
                  (D) acquiring land for, or constructing, a 
                burn area training structure on or off the 
                airport to provide live fire drill training for 
                aircraft rescue and firefighting personnel 
                required to receive the training under 
                regulations the Secretary prescribes, including 
                basic equipment and minimum structures to 
                support the training under standards the 
                Administrator of the Federal Aviation 
                Administration prescribes.
                  (E) relocating after December 31, 1991, an 
                air traffic control tower and any navigational 
                aid (including radar) if the relocation is 
                necessary to carry out a project approved by 
                the Secretary under this subchapter or under 
                section 40117.
                  (F) constructing, reconstructing, repairing, 
                or improving an airport, or purchasing capital 
                equipment for an airport, if necessary for 
                compliance with the responsibilities of the 
                operator or owner of the airport under the 
                Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.), the Clean Air Act (42 
                U.S.C. 7401 et seq.), and the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), 
                except constructing or purchasing capital 
                equipment that would benefit primarily a 
                revenue-producing area of the airport used by a 
                nonaeronautical business.
                  (G) acquiring land for, or work necessary to 
                construct, a pad suitable for deicing aircraft 
                before takeoff at a commercial service airport, 
                including constructing or reconstructing paved 
                areas, drainage collection structures, 
                treatment and discharge systems, appropriate 
                lighting, paved access for deicing vehicles and 
                aircraft, and including acquiring glycol 
                recovery vehicles, but not including acquiring 
                aircraft deicing fluids or constructing or 
                reconstructing storage facilities for aircraft 
                deicing equipment or fluids.
                  (H) routine work to preserve and extend the 
                useful life of runways, taxiways, and aprons at 
                nonhub airports and airports that are not 
                primary airports, under guidelines issued by 
                the Administrator of the Federal Aviation 
                Administration.
                  (I) constructing, reconstructing, or 
                improving an airport, or purchasing nonrevenue 
                generating capital equipment to be owned by an 
                airport, for the purpose of transferring 
                passengers, cargo, or baggage between the 
                aeronautical and ground transportation modes on 
                airport property.
                  (J) constructing an air traffic control tower 
                or acquiring and installing air traffic 
                control, communications, and related equipment 
                at an air traffic control tower under the terms 
                specified in section 47124(b)(4).
                  (K) work necessary to construct or modify 
                airport facilities to provide low-emission fuel 
                systems, gate electrification, and other 
                related air quality improvements at a 
                commercial service airport if the airport is 
                located in an air quality nonattainment or 
                maintenance area (as defined in sections 171(2) 
                and 175A of the Clean Air Act (42 U.S.C. 
                7501(2); 7505a) and if [such project will 
                result in an airport receiving appropriate] the 
                airport would be able to receive emission 
                credits, as described in section 47139.
                  (L) a project for the acquisition [or 
                conversion of vehicles and] of vehicles used 
                exclusively for transporting passengers on-
                airport, employee shuttle buses within the 
                airport, or ground support equipment, owned by 
                a commercial service [airport, to] airport and 
                equipped with low-emission technology, if the 
                airport is located in an air quality 
                nonattainment or maintenance area (as defined 
                in sections 171(2) and 175A of the Clean Air 
                Act (42 U.S.C. 7501(2); [7505a) and if such 
                project will result in an airport receiving 
                appropriate] 7505a)) and if the airport would 
                be able to receive emission credits as 
                described in section 47139.
                  (M) construction of mobile refueler parking 
                within a fuel farm at a nonprimary airport 
                meeting the requirements of section 112.8 of 
                title 40, Code of Federal Regulations.
                  (N) terminal development under section 
                47119(a).
                  (O) acquiring and installing facilities and 
                equipment to provide air conditioning, heating, 
                or electric power from terminal-based, 
                nonexclusive use facilities to aircraft parked 
                at a public use airport for the purpose of 
                reducing energy use or harmful emissions as 
                compared to the provision of such air 
                conditioning, heating, or electric power from 
                aircraft-based systems.
          (4) ``airport hazard'' means a structure or object of 
        natural growth located on or near a public-use airport, 
        or a use of land near the airport, that obstructs or 
        otherwise is hazardous to the landing or taking off of 
        aircraft at or from the airport.
          (5) ``airport planning'' means planning as defined by 
        [regulations] requirements the Secretary prescribes and 
        includes--
                  (A) integrated airport system planning;
                  (B) developing an environmental management 
                system; and
                  (C) developing a plan for recycling and 
                minimizing the generation of airport solid 
                waste, consistent with applicable State and 
                local recycling laws, including the cost of a 
                waste audit.
          (6) ``amount made available under section 48103'' or 
        ``amount newly made available'' means the amount 
        authorized for grants under section 48103 as that 
        amount may be limited in that year by a subsequent law, 
        but as determined without regard to grant obligation 
        recoveries made in that year or amounts covered by 
        section 47107(f).
          (7) ``categorized airport'' means a nonprimary 
        airport that has an identified role in the National 
        Plan of Integrated Airport Systems.
          [(7)](8) ``commercial service airport'' means a 
        public airport in a State that the Secretary determines 
        has at least 2,500 passenger boardings each year and is 
        receiving scheduled passenger aircraft service.
          [(8)](9) ``general aviation airport'' means a 
        [public] public-use airport that is located in a State 
        and that, as determined by the Secretary--
                  (A) does not have scheduled service; or
                  (B) has scheduled service with less than 
                2,500 passenger boardings each year.
          [(9)](10) ``integrated airport system planning'' 
        means developing for planning purposes information and 
        guidance to decide the extent, kind, location, and 
        timing of airport development needed in a specific area 
        to establish a viable, balanced, and integrated system 
        of public-use airports, including--
                  (A) identifying system needs;
                  (B) developing an estimate of systemwide 
                development costs;
                  (C) conducting studies, surveys, and other 
                planning actions, including those related to 
                airport access, needed to decide which 
                aeronautical needs should be met by a system of 
                airports; and
                  (D) standards prescribed by a State, except 
                standards for safety of approaches, for airport 
                development at nonprimary public-use airports.
          (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.
          (12) ``lactation area'' means a room or other 
        location in a commercial service airport that--
                  (A) provides a location for members of the 
                public to express breast milk that is shielded 
                from view and free from intrusion from the 
                public;
                  (B) has a door that can be locked;
                  (C) includes a place to sit, a table or other 
                flat surface, and an electrical outlet;
                  (D) is readily accessible to and usable by 
                individuals with disabilities, including 
                individuals who use wheelchairs; and
                  (E) is not located in a restroom.
          [(10)](13) ``landed weight'' means the weight of 
        aircraft transporting only cargo in intrastate, 
        interstate, and foreign air transportation, as the 
        Secretary determines under regulations the Secretary 
        prescribes.
          [(11)](14) ``large hub airport'' means a commercial 
        service airport that has at least 1.0 percent of the 
        passenger boardings.
          [(12)](15) ``low-emission technology'' means 
        technology for vehicles and equipment whose emission 
        performance is the best achievable under emission 
        standards established by the Environmental Protection 
        Agency and that relies exclusively on alternative fuels 
        that are substantially nonpetroleum based, as defined 
        by the Department of Energy, but not excluding hybrid 
        systems or natural gas powered vehicles.
          [(13)](16) ``medium hub airport'' means a commercial 
        service airport that has at least 0.25 percent but less 
        than 1.0 percent of the passenger boardings.
          [(14)](17) ``nonhub airport'' means a commercial 
        service airport that has less than 0.05 percent of the 
        passenger boardings.
          [(15)](18) ``passenger boardings''--
                  (A) means, unless the context indicates 
                otherwise, revenue passenger boardings in the 
                United States in the prior calendar year on an 
                aircraft in service in air commerce, as the 
                Secretary determines under regulations the 
                Secretary prescribes; and
                  (B) includes passengers who continue on an 
                aircraft in international flight that stops at 
                an airport in the 48 contiguous States, Alaska, 
                or Hawaii for a nontraffic purpose.
          [(16)](19) ``primary airport'' means a commercial 
        service airport the Secretary determines to have more 
        than 10,000 passenger boardings each year.
          [(17)](20) ``project'' means a project, separate 
        projects included in one project grant application, or 
        all projects to be undertaken at an airport in a fiscal 
        year, to achieve airport development or airport 
        planning.
          [(18)](21) ``project cost'' means a cost involved in 
        carrying out a project.
          [(19)](22) ``project grant'' means a grant of money 
        the Secretary makes to a sponsor to carry out at least 
        one project.
          [(20)](23) ``public agency'' means--
                  (A) a State or political subdivision of a 
                State;
                  (B) a tax-supported organization; or
                  (C) an Indian tribe or pueblo.
          [(21)](24) ``public airport'' means an airport used 
        or intended to be used for public purposes--
                  (A) that is under the control of a public 
                agency; and
                  (B) of which the area used or intended to be 
                used for the landing, taking off, or surface 
                maneuvering of aircraft is publicly owned.
          [(22)](25) ``public-use airport'' means--
                  (A) a public airport; or
                  (B) a privately-owned airport used or 
                intended to be used for public purposes that 
                is--
                          [(i) a reliever airport; or]
                          (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
                          (ii) determined by the Secretary to 
                        have at least 2,500 passenger boardings 
                        each year and to receive scheduled 
                        passenger aircraft service.
          [(23)](26) ``reliever airport'' means an airport the 
        Secretary designates to relieve congestion at a 
        commercial service airport and to provide more general 
        aviation access to the overall community.
          [(24)](27) ``revenue producing aeronautical support 
        facilities'' means fuel farms, hangar buildings, self-
        service credit card aeronautical fueling systems, 
        airplane wash racks, major rehabilitation of a hangar 
        owned by a sponsor, or other aeronautical support 
        facilities that the Secretary determines will increase 
        the revenue producing ability of the airport.
          [(25)](28) ``small hub airport'' means a commercial 
        service airport that has at least 0.05 percent but less 
        than 0.25 percent of the passenger boardings.
          [(26)](29) ``sponsor'' means--
                  (A) a public agency that submits to the 
                Secretary under this subchapter an application 
                for financial assistance; and
                  (B) a private owner of a public-use airport 
                that submits to the Secretary under this 
                subchapter an application for financial 
                assistance for the airport.
          [(27)](30) ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the 
        Virgin Islands, American Samoa, the Northern Mariana 
        Islands, the Trust Territory of the Pacific Islands, 
        and Guam.
          [(28)](31) ``terminal development'' means--
                  (A) development of--
                          (i) an airport passenger terminal 
                        building, including terminal gates;
                          (ii) access roads servicing 
                        exclusively airport traffic that leads 
                        directly to or from an airport 
                        passenger terminal building; and
                          (iii) walkways that lead directly to 
                        or from an airport passenger terminal 
                        building; and
                  (B) the cost of a vehicle described in 
                section 47119(a)(1)(B).
          (32) ``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. 47104. Project grant authority

  (a) General Authority.--To maintain a safe and efficient 
nationwide system of public-use airports that meets the present 
and future needs of civil aeronautics, the Secretary of 
Transportation may make project grants under this subchapter 
from the Airport and Airway Trust Fund.
  (b) Incurring Obligations.--The Secretary may incur 
obligations to make grants from amounts made available under 
section 48103 of this title as soon as the amounts are 
apportioned under section 47114(c) and (d)(2) of this title.
  (c) Expiration of Authority.--After [July 15, 2016]  
September 30, 2017, the Secretary may not incur obligations 
under subsection (b) of this section, except for obligations of 
amounts--
          (1) remaining available after that date under section 
        47117(b) of this title; or
          (2) recovered by the United States Government from 
        grants made under this chapter if the amounts are 
        obligated only for increases under section 47108(b)(2) 
        and (3) of this title in the maximum amount of 
        obligations of the Government for any other grant made 
        under this title.

Sec. 47106. Project grant application approval conditioned on 
                    satisfaction of project requirements

  (a) Project Grant Application Approval.--The Secretary of 
Transportation may approve an application under this subchapter 
for a project grant only if the Secretary is satisfied that--
          (1) the project is consistent with plans (existing at 
        the time the project is approved) of public agencies 
        authorized by the State in which the airport is located 
        to plan for the development of the area surrounding the 
        airport;
          (2) the project will contribute to carrying out this 
        subchapter;
          (3) enough money is available to pay the project 
        costs that will not be paid by the United States 
        Government under this subchapter;
          (4) the project will be completed without 
        unreasonable delay;
          (5) the sponsor has authority to carry out the 
        project as proposed[; and];
          (6) if the project is [for an airport that has an 
        airport master plan, the master plan addresses] a 
        master plan project, it will address issues relating to 
        solid waste recycling at the airport, including--
                  (A) the feasibility of solid waste recycling 
                at the airport;
                  (B) minimizing the generation of solid waste 
                at the airport;
                  (C) operation and maintenance requirements;
                  (D) the review of waste management contracts; 
                and
                  (E) the potential for cost savings or the 
                generation of revenue[.]; and
          (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. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

  (a) General Written Assurances.--The Secretary of 
Transportation may approve a project grant application under 
this subchapter for an airport development project only if the 
Secretary receives written assurances, satisfactory to the 
Secretary, that--
          (1) the airport will be available for public use on 
        reasonable conditions and without unjust 
        discrimination;
          (2) air carriers making similar use of the airport 
        will be subject to substantially comparable charges--
                  (A) for facilities directly and substantially 
                related to providing air transportation; and
                  (B) regulations and conditions, except for 
                differences based on reasonable 
                classifications, such as between--
                          (i) tenants and nontenants; and
                          (ii) signatory and nonsignatory 
                        carriers;
          (3) the airport operator will not withhold 
        unreasonably the classification or status of tenant or 
        signatory from an air carrier that assumes obligations 
        substantially similar to those already imposed on air 
        carriers of that classification or status;
          (4) a person providing, or intending to provide, 
        aeronautical services to the public will not be given 
        an exclusive right to use the airport, with a right 
        given to only one fixed-base operator to provide 
        services at an airport deemed not to be an exclusive 
        right if--
                  (A) the right would be unreasonably costly, 
                burdensome, or impractical for more than one 
                fixed-base operator to provide the services; 
                and
                  (B) allowing more than one fixed-base 
                operator to provide the services would require 
                reducing the space leased under an existing 
                agreement between the one fixed-base operator 
                and the airport owner or operator;
          (5) fixed-base operators similarly using the airport 
        will be subject to the same charges;
          (6) an air carrier using the airport may service 
        itself or use any fixed-base operator allowed by the 
        airport operator to service any carrier at the airport;
          (7) the airport and facilities on or connected with 
        the airport will be operated and maintained suitably, 
        with consideration given to climatic and flood 
        conditions;
          (8) a proposal to close the airport temporarily for a 
        nonaeronautical purpose must first be approved by the 
        Secretary;
          (9) appropriate action will be taken to ensure that 
        terminal airspace required to protect instrument and 
        visual operations to the airport (including operations 
        at established minimum flight altitudes) will be 
        cleared and protected by mitigating existing, and 
        preventing future, airport hazards;
          (10) appropriate action, including the adoption of 
        zoning laws, has been or will be taken to the extent 
        reasonable to restrict the use of land next to or near 
        the airport to uses that are compatible with normal 
        airport operations;
          (11) each of the airport's facilities developed with 
        financial assistance from the United States Government 
        and each of the airport's facilities usable for the 
        landing and taking off of aircraft always will be 
        available without charge for use by Government aircraft 
        in common with other aircraft, except that if the use 
        is substantial, the Government may be charged a 
        reasonable share, proportionate to the use, of the cost 
        of operating and maintaining the facility used;
          (12) the airport owner or operator will provide, 
        without charge to the Government, property interests of 
        the sponsor in land or water areas or buildings that 
        the Secretary decides are desirable for, and that will 
        be used for, constructing at Government expense, 
        facilities for carrying out activities related to air 
        traffic control or navigation;
          (13) the airport owner or operator will maintain a 
        schedule of charges for use of facilities and services 
        at the airport--
                  (A) that will make the airport as self-
                sustaining as possible under the circumstances 
                existing at the airport, including volume of 
                traffic and economy of collection; and
                  (B) without including in the rate base used 
                for the charges the Government's share of costs 
                for any project for which a grant is made under 
                this subchapter or was made under the Federal 
                Airport Act or the Airport and Airway 
                Development Act of 1970;
          (14) the project accounts and records will be kept 
        using a standard system of accounting that the 
        Secretary, after consulting with appropriate public 
        agencies, prescribes;
          (15) the airport owner or operator will submit any 
        annual or special airport financial and operations 
        reports to the Secretary that the Secretary reasonably 
        requests and make such reports available to the public;
          (16) the airport owner or operator will maintain a 
        current layout plan of the airport that meets the 
        following requirements:
                  (A) the plan will be in a form the Secretary 
                prescribes;
                  (B) the Secretary will approve the plan and 
                any revision or modification before the plan, 
                revision, or modification takes effect;
                  (C) the owner or operator will not make or 
                allow any alteration in the airport or any of 
                its facilities if the alteration does not 
                comply with the plan the Secretary approves, 
                and the Secretary is of the opinion that the 
                alteration may affect adversely the safety, 
                utility, or efficiency of the airport; and
                  (D) when an alteration in the airport or its 
                facility is made that does not conform to the 
                approved plan and that the Secretary decides 
                adversely affects the safety, utility, or 
                efficiency of any property on or off the 
                airport that is owned, leased, or financed by 
                the Government, the owner or operator, if 
                requested by the Secretary, will--
                          (i) eliminate the adverse effect in a 
                        way the Secretary approves; or
                          (ii) bear all cost of relocating the 
                        property or its replacement to a site 
                        acceptable to the Secretary and of 
                        restoring the property or its 
                        replacement to the level of safety, 
                        utility, efficiency, and cost of 
                        operation that existed before the 
                        alteration was made, except in the case 
                        of a relocation or replacement of an 
                        existing airport facility that meets 
                        the conditions of section 47110(d);
          (17) each contract and subcontract for program 
        management, construction management, planning studies, 
        feasibility studies, architectural services, 
        preliminary engineering, design, engineering, 
        surveying, mapping, and related services will be 
        awarded in the same way that a contract for 
        architectural and engineering services is negotiated 
        under chapter 11 of title 40 or an equivalent 
        qualifications-based requirement prescribed for or by 
        the sponsor;
          (18) the airport and each airport record will be 
        available for inspection by the Secretary on reasonable 
        request, and a report of the airport budget will be 
        available to the public at reasonable times and places;
          (19) the airport owner or operator will submit to the 
        Secretary and make available to the public an annual 
        report listing in detail--
                  (A) all amounts paid by the airport to any 
                other unit of government and the purposes for 
                which each such payment was made; and
                  (B) all services and property provided to 
                other units of government and the amount of 
                compensation received for provision of each 
                such service and property;
          (20) the airport owner or operator will permit, to 
        the maximum extent practicable, intercity buses or 
        other modes of transportation to have access to the 
        airport, but the sponsor does not have any obligation 
        under this paragraph, or because of it, to fund special 
        facilities for intercity bus service or for other modes 
        of transportation; [and]
          (21) if the airport owner or operator and a person 
        who owns an aircraft agree that a hangar is to be 
        constructed at the airport for the aircraft at the 
        aircraft owner's expense, the airport owner or operator 
        will grant to the aircraft owner for the hangar a long-
        term lease that is subject to such terms and conditions 
        on the hangar as the airport owner or operator may 
        impose[.]; and
          (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.\3\
---------------------------------------------------------------------------
    \3\ The amendment made to section 47107(a) of title 49, United 
States Code, 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 the enactment of this Act.
---------------------------------------------------------------------------
  (b) Written Assurances on Use of Revenue.--
          (1) The Secretary of Transportation may approve a 
        project grant application under this subchapter for an 
        airport development project only if the Secretary 
        receives written assurances, satisfactory to the 
        Secretary, that local taxes on aviation fuel (except 
        taxes in effect on December 30, 1987) and the revenues 
        generated by a public airport will be expended for the 
        capital or operating costs of--
                  (A) the airport;
                  (B) the local airport system; or
                  (C) other local facilities owned or operated 
                by the airport owner or operator and directly 
                and substantially related to the air 
                transportation of passengers or property.
          (2) Paragraph (1) of this subsection does not apply 
        if a provision enacted not later than September 2, 
        1982, in a law controlling financing by the airport 
        owner or operator, or a covenant or assurance in a debt 
        obligation issued not later than September 2, 1982, by 
        the owner or operator, provides that the revenues, 
        including local taxes on aviation fuel at public 
        airports, from any of the facilities of the owner or 
        operator, including the airport, be used to support not 
        only the airport but also the general debt obligations 
        or other facilities of the owner or operator.
          (3) This subsection does not prevent the use of a 
        State tax on aviation fuel to support a State aviation 
        program or the use of airport revenue on or off the 
        airport for a noise mitigation purpose.
          (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.

           *       *       *       *       *       *       *

  (r) Competition Disclosure Requirement.--
          (1) In general.--The Secretary of Transportation may 
        approve an application under this subchapter for an 
        airport development project grant for a large hub 
        airport or a medium hub airport only if the Secretary 
        receives assurances that the airport sponsor will 
        provide the information required by paragraph (2) at 
        such time and in such form as the Secretary may 
        require.
          (2) Competitive access.--On February 1 and August 1 
        of each year, an airport that during the previous 6-
        month period has been unable to accommodate one or more 
        requests by an air carrier for access to gates or other 
        facilities at that airport in order to provide service 
        to the airport or to expand service at the airport 
        shall transmit a report to the Secretary that--
                  (A) describes the requests;
                  (B) provides an explanation as to why the 
                requests could not be accommodated; and
                  (C) provides a time frame within which, if 
                any, the airport will be able to accommodate 
                the requests.
          (3) Sunset provision.--This subsection shall cease to 
        be effective beginning [July 16, 2016] October 1, 2017.
  (s) Agreements Granting Through-the-fence Access to General 
Aviation Airports.--
          (1) In general.--Subject to paragraph (2), a sponsor 
        of a general aviation airport shall not be considered 
        to be in violation of this subtitle, or to be in 
        violation of a grant assurance made under this section 
        or under any other provision of law as a condition for 
        the receipt of Federal financial assistance for airport 
        development, solely because the sponsor enters into an 
        agreement that grants to a person that owns residential 
        real property adjacent to or near the airport access to 
        the airfield of the airport for the following:
                  (A) Aircraft of the person.
                  (B) Aircraft authorized by the person.
          (2) Through-the-fence agreements.--
                  (A) In general.--An agreement described in 
                paragraph (1) between an airport sponsor and a 
                property owner (or an association representing 
                such property owner) shall be a written 
                agreement that prescribes the rights, 
                responsibilities, charges, duration, and other 
                terms the airport sponsor determines are 
                necessary to establish and manage the airport 
                sponsor's relationship with the property owner.
                  (B) Terms and conditions.--An agreement 
                described in paragraph (1) between an airport 
                sponsor and a property owner (or an association 
                representing such property owner) shall require 
                the property owner, at minimum--
                          (i) to pay airport access charges 
                        that, as determined by the airport 
                        sponsor, are comparable to those 
                        charged to tenants and operators on-
                        airport making similar use of the 
                        airport;
                          (ii) to bear the cost of building and 
                        maintaining the infrastructure that, as 
                        determined by the airport sponsor, is 
                        necessary to provide aircraft located 
                        on the property adjacent to or near the 
                        airport access to the airfield of the 
                        airport;
                          (iii) to maintain the property for 
                        residential, noncommercial use for the 
                        duration of the agreement;
                          (iv) to prohibit access to the 
                        airport from other properties through 
                        the property of the property owner; and
                          (v) to prohibit any aircraft 
                        refueling from occurring on the 
                        property.
  (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.
  (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. 47109. United States Government's share of project costs

  (a) General.--Except as otherwise provided in this section, 
the United States Government's share of allowable project costs 
is--
          (1) 75 percent for a project at a primary airport 
        having at least .25 percent of the total number of 
        passenger boardings each year at all commercial service 
        airports;
          (2) not more than 90 percent for a project funded by 
        a grant issued to and administered by a State under 
        section 47128, relating to the State block grant 
        program;
          (3) 90 percent for a project at any other airport;
          (4) 70 percent for a project funded by the 
        Administrator from the discretionary fund under section 
        47115 at an airport receiving an exemption under 
        section 47134; and
          [(5) for fiscal year 2002, 100 percent for a project 
        described in section 47102(3)(J), 47102(3)(K), or 
        47102(3)(L).]
          (6) 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. 47110. Allowable project costs

  (a) General Authority.--Except as provided in section 47111 
of this title, the United States Government may pay or be 
obligated to pay, from amounts appropriated to carry out this 
subchapter, a cost incurred in carrying out a project under 
this subchapter only if the Secretary of Transportation decides 
the cost is allowable.
  (b) Allowable Cost Standards.--A project cost is allowable--
          (1) if the cost necessarily is incurred in carrying 
        out the project in compliance with the grant agreement 
        made for the project under this subchapter, including 
        any cost a sponsor incurs related to an audit the 
        Secretary requires under section 47121(b) or (d) of 
        this title and any cost of moving a Federal facility 
        impeding the project if the rebuilt facility is of an 
        equivalent size and type;
          (2
                  (A) if the cost is incurred after the grant 
                agreement is executed and is for airport 
                development or airport planning carried out 
                after the grant agreement is executed;
                  (B) if the cost is incurred after June 1, 
                1989, by the airport operator (regardless of 
                when the grant agreement is executed) as part 
                of a Government-approved noise [compatability] 
                compatibility program (including project 
                formulation costs) and is consistent with all 
                applicable statutory and administrative 
                requirements;
                  (C) if the Government's share is paid only 
                with amounts apportioned under paragraphs (1) 
                and (2) of section 47114(c) or section 
                47114(d)(3)(A) and if the cost is incurred--
                          (i) after September 30, 1996;
                          (ii) before a grant agreement is 
                        executed for the project; and
                          (iii) in accordance with an airport 
                        layout plan approved by the Secretary 
                        and with all statutory and 
                        administrative requirements that would 
                        have been applicable to the project if 
                        the project had been carried out after 
                        the grant agreement had been executed; 
                        or
                  (D) if the cost is for airport development 
                and is incurred before execution of the grant 
                agreement, but in the same fiscal year as 
                execution of the grant agreement, and if--
                          (i) the cost was incurred before 
                        execution of the grant agreement 
                        because the airport has a shortened 
                        construction season due to [climactic] 
                        climatic conditions in the vicinity of 
                        the airport;
                          (ii) the cost is in accordance with 
                        an airport layout plan approved by the 
                        Secretary and with all statutory and 
                        administrative requirements that would 
                        have been applicable to the project if 
                        the project had been carried out after 
                        execution of the grant agreement, 
                        including submission of a complete 
                        grant application to the appropriate 
                        regional or district office of the 
                        Federal Aviation Administration;
                          (iii) the sponsor notifies the 
                        Secretary before authorizing work to 
                        commence on the project;
                          (iv) the sponsor has an alternative 
                        funding source available to fund the 
                        project; and
                          (v) the sponsor's decision to proceed 
                        with the project in advance of 
                        execution of the grant agreement does 
                        not affect the priority assigned to the 
                        project by the Secretary for the 
                        allocation of discretionary funds;
          (3) to the extent the cost is reasonable in amount;
          (4) if the cost is not incurred in a project for 
        airport development or airport planning for which other 
        Government assistance has been granted;
          (5) if the total costs allowed for the project are 
        not more than the amount stated in the grant agreement 
        as the maximum the Government will pay (except as 
        provided in section 47108(b) of this title);
          (6) if the cost is for a project not described in 
        section 47102(3) for acquiring for use at a commercial 
        service airport vehicles and ground support equipment 
        owned by an airport that include low-emission 
        technology, but only to the extent of the incremental 
        cost of equipping such vehicles or equipment with low-
        emission technology, as determined by the Secretary; 
        and
          (7) if the cost is incurred on a measure to improve 
        the efficiency of an airport building (such as a 
        measure designed to meet one or more of the criteria 
        for being considered a high-performance green building 
        as set forth under section 401(13) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 
        17061(13))) and--
                  (A) the measure is for a project for airport 
                development;
                  (B) the measure is for an airport building 
                that is otherwise eligible for construction 
                assistance under this subchapter; and
                  (C) if the measure results in an increase in 
                initial project costs, the increase is 
                justified by expected savings over the life 
                cycle of the project.

           *       *       *       *       *       *       *


Sec. 47113. Minority and disadvantaged business participation

  (a) Definitions.--In this section--
          (1) ``small business concern''--
                  (A) has the same meaning given that term in 
                section 3 of the Small Business Act (15 U.S.C. 
                632); but
                  (B) does not include a concern, or group of 
                concerns controlled by the same socially and 
                economically disadvantaged individual, that has 
                average annual gross receipts over the prior 3 
                fiscal years of more than $16,015,000, as 
                adjusted by the Secretary of Transportation for 
                inflation;
          (2) ``socially and economically disadvantaged 
        individual'' has the same meaning given that term in 
        section 8(d) of the Act (15 U.S.C. 637(d)) and relevant 
        subcontracting regulations prescribed under section 
        8(d), except that women are presumed to be socially and 
        economically disadvantaged; and
          (3) the term ``qualified HUBZone small business 
        concern'' has the meaning given that term in section 
        3(p) of the Small Business Act [(15 U.S.C. 632(o))] (15 
        U.S.C. 632(p)).

           *       *       *       *       *       *       *


Sec. 47114. Apportionments

  (a) Definition.--In this section, ``amount subject to 
apportionment'' means the amount newly made available under 
section 48103 of this title for a fiscal year.
  (b) Apportionment Date.--On the first day of each fiscal 
year, the Secretary of Transportation shall apportion the 
amount subject to apportionment for that fiscal year as 
provided in this section.
  (c) Amounts Apportioned to Sponsors.--
          (1) Primary airports.--
                  (A) Apportionment.--The Secretary shall 
                apportion to the sponsor of each primary 
                airport for each fiscal year an amount equal 
                to--
                          (i) $7.80 for each of the first 
                        50,000 passenger boardings at the 
                        airport during the prior calendar year;
                          (ii) $5.20 for each of the next 
                        50,000 passenger boardings at the 
                        airport during the prior calendar year;
                          (iii) $2.60 for each of the next 
                        400,000 passenger boardings at the 
                        airport during the prior calendar year;
                          (iv) $.65 for each of the next 
                        500,000 passenger boardings at the 
                        airport during the prior calendar year.
                          (v) $.50 for each additional 
                        passenger boarding at the airport 
                        during the prior calendar year.
                  (B) Minimum and maximum apportionments.--Not 
                less than $650,000 nor more than $22,000,000 
                may be apportioned under subparagraph (A) of 
                this paragraph to an airport sponsor for a 
                primary airport for each fiscal year.
                  (C) Special rule.--In any fiscal year in 
                which the total amount made available under 
                section 48103 is $3,200,000,000 or more--
                          (i) the amount to be apportioned to a 
                        sponsor under subparagraph (A) shall be 
                        increased by doubling the amount that 
                        would otherwise be apportioned;
                          (ii) the minimum apportionment to a 
                        sponsor under subparagraph (B) shall be 
                        $1,000,000 rather than $650,000; and
                          (iii) the maximum apportionment to a 
                        sponsor under subparagraph (B) shall be 
                        $26,000,000 rather than $22,000,000.
                  (D) New airports.--Notwithstanding 
                subparagraph (A), the Secretary shall apportion 
                on the first day of the first fiscal year 
                following the official opening of a new airport 
                with scheduled passenger air transportation an 
                amount equal to the minimum amount set forth in 
                subparagraph (B) or (C), as appropriate, to the 
                sponsor of such airport.
                  (E) Use of previous fiscal year's 
                apportionment.--Notwithstanding subparagraph 
                (A), the Secretary may apportion to an airport 
                sponsor in a fiscal year an amount equal to the 
                amount apportioned to that sponsor in the 
                previous fiscal year if the Secretary finds 
                that--
                          (i) passenger boardings at the 
                        airport fell below 10,000 in the 
                        calendar year used to calculate the 
                        apportionment;
                          (ii) the airport had at least 10,000 
                        passenger boardings in the calendar 
                        year prior to the calendar year used to 
                        calculate apportionments to airport 
                        sponsors in a fiscal year; and
                          (iii) the cause of the shortfall in 
                        passenger boardings was a temporary but 
                        significant interruption in service by 
                        an air carrier to that airport due to 
                        an employment action, natural disaster, 
                        or other event unrelated to the demand 
                        for air transportation at the affected 
                        airport.
                  (F) Special rule for fiscal years 2012 and 
                2013.--Notwithstanding subparagraph (A), for an 
                airport that had more than 10,000 passenger 
                boardings and scheduled passenger aircraft 
                service in calendar year 2007, but in either 
                calendar year 2009 or 2010, or in both years, 
                the number of passenger boardings decreased to 
                a level below 10,000 boardings per year at such 
                airport, the Secretary may apportion in each of 
                fiscal years 2012 and 2013 to the sponsor of 
                such airport an amount equal to the amount 
                apportioned to that sponsor in fiscal year 
                2009.
                  (G) Special rule for fiscal years 2016 and 
                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.
          (2) Cargo airports.--
                  (A) Apportionment.--Subject to subparagraph 
                (D), the Secretary shall apportion an amount 
                equal to 3.5 percent of the amount subject to 
                apportionment each fiscal year to the sponsors 
                of airports served by aircraft providing air 
                transportation of only cargo with a total 
                annual landed weight of more than 100,000,000 
                pounds.
                  (B) Suballocation formula.--Any funds 
                apportioned under subparagraph (A) to sponsors 
                of airports described in subparagraph (A) shall 
                be allocated among those airports in the 
                proportion that the total annual landed weight 
                of aircraft described in subparagraph (A) 
                landing at each of those airports bears to the 
                total annual landed weight of those aircraft 
                landing at all those airports.
                  (C) Limitation.--In any fiscal year in which 
                the total amount made available under section 
                48103 is less than $3,200,000,000, not more 
                than 8 percent of the amount apportioned under 
                subparagraph (A) may be apportioned for any one 
                airport.
                  (D) Distribution to other airports.--Before 
                apportioning amounts to the sponsors of 
                airports under subparagraph (A) for a fiscal 
                year, the Secretary may set-aside a portion of 
                such amounts for distribution to the sponsors 
                of other airports, selected by the Secretary, 
                that the Secretary finds will be served 
                primarily by aircraft providing air 
                transportation of only cargo.
                  (E) Determination of landed weight.--Landed 
                weight under this paragraph is the landed 
                weight of aircraft landing at each airport 
                described in subparagraph (A) during the prior 
                calendar year.

           *       *       *       *       *       *       *


Sec. 47115. Discretionary fund

           *       *       *       *       *       *       *


  [(i) Considerations for Project Under Expanded Security 
Eligibility.--In order to assure that funding under this 
subchapter is provided to the greatest needs, the Secretary, in 
selecting a project described in section 47102(3)(J) for a 
grant, shall consider the non-Federal resources available to 
sponsor, the use of such non-Federal resources, and the degree 
to which the sponsor is providing increased funding for the 
project.]
  [(j)](i) Marshall Islands, Micronesia, and Palau.--For fiscal 
years 2012 through [2015 and for the period beginning on 
October 1, 2015, and ending on July 15, 2016] 2017, the 
sponsors of airports located in the Republic of the Marshall 
Islands, Federated States of Micronesia, and Republic of Palau 
shall be eligible for grants under this section and section 
47116.

Sec. 47117. Use of apportioned amounts

  (e) Special Apportionment Categories.--
          (1) The Secretary shall use amounts available to the 
        discretionary fund under section 47115 of this title 
        for each fiscal year as follows:
                  (A) At least 35 percent, but not more than 
                $300,000,000, for grants for airport noise 
                compatibility planning under section 
                47505(a)(2), for carrying out noise 
                compatibility programs under section 
                47504(c)(1), for noise mitigation projects 
                approved in an environmental record of decision 
                for an airport development project under this 
                title, for compatible land use planning and 
                projects carried out by State and local 
                governments under section 47141, for airport 
                development described in section 47102(3)(F), 
                47102(3)(K), or 47102(3)(L) to comply with the 
                Clean Air Act (42 U.S.C. 7401 et seq.), and for 
                water quality mitigation projects to comply 
                with the Act of June 30, 1948 (33 U.S.C. 1251 
                et seq.), approved in an environmental record 
                of decision for an airport development project 
                under this title. The Secretary may count the 
                amount of grants made for such planning and 
                programs with funds apportioned under section 
                47114 in that fiscal year in determining 
                whether or not the requirements of the 
                preceding sentence are being met in that fiscal 
                year.
                  (B) [at least] At least 4 percent to sponsors 
                of current or former military airports 
                designated by the Secretary under section 
                47118(a) of this title for grants for 
                developing current and former military airports 
                to improve the capacity of the national air 
                transportation system and to sponsors of 
                noncommercial service airports for grants for 
                operational and maintenance expenses at any 
                such airport if the amount of such grants to 
                the sponsor of the airport does not exceed 
                $30,000 in that fiscal year, if the Secretary 
                determines that the airport is adversely 
                affected by the closure or realignment of a 
                military base, and if the sponsor of the 
                airport certifies that the airport would 
                otherwise close if the airport does not receive 
                the grant.
                  (C) In any fiscal year in which the total 
                amount made available under section 48103 is 
                $3,200,000,000 or more, at least two-thirds of 
                1 percent for grants to sponsors of reliever 
                airports which have--
                          (i) more than 75,000 annual 
                        operations;
                          (ii) a runway with a minimum usable 
                        landing distance of 5,000 feet;
                          (iii) a precision instrument landing 
                        procedure;
                          (iv) a minimum number of aircraft, to 
                        be determined by the Secretary, based 
                        at the airport; and
                          (v) been designated by the Secretary 
                        as a reliever airport to an airport 
                        with 20,000 hours of annual delays in 
                        commercial passenger aircraft takeoffs 
                        and landings.
          (2) If the Secretary decides that an amount required 
        to be used for grants under paragraph (1) of this 
        subsection cannot be used for a fiscal year because 
        there are insufficient qualified grant applications, 
        the amount the Secretary determines cannot be used is 
        available during the fiscal year for grants for other 
        airports or for other purposes for which amounts are 
        authorized for grants under section 48103 of this 
        title.
          (3) Priority.--The Secretary shall give priority in 
        making grants under paragraph (1)(A) to applications 
        for airport noise compatibility planning and programs 
        at and around--
                  (A) Chicago O'Hare International Airport;
                  (B) LaGuardia Airport;
                  (C) John F. Kennedy International Airport; 
                and
                  (D) Ronald Reagan Washington National 
                Airport. * * *

Sec. 47119. Terminal development costs

  (a) Terminal Development Projects.--
          (1) In general.--The Secretary of Transportation may 
        approve a project for terminal development (including 
        multimodal terminal development) in a nonrevenue-
        producing public-use area of a commercial service 
        airport--
                  (A) if the sponsor certifies that the 
                airport, on the date the grant application is 
                submitted to the Secretary, has--
                          (i) all the safety equipment required 
                        for certification of the airport under 
                        section 44706;
                          (ii) all the security equipment 
                        required by regulation; and
                          (iii) provided for access by 
                        passengers to the area of the airport 
                        for boarding or exiting aircraft that 
                        are not air carrier aircraft;
                  (B) if the cost is directly related to moving 
                passengers and baggage in air commerce within 
                the airport, including vehicles for moving 
                passengers between terminal facilities and 
                between terminal facilities and aircraft; and
                  (C) under terms necessary to protect the 
                interests of the Government.
          (2) Project in revenue-producing areas and 
        nonrevenue-producing parking lots.--In making a 
        decision under paragraph (1), the Secretary may approve 
        as allowable costs the expenses of terminal development 
        in a revenue-producing area and construction, 
        reconstruction, repair, and improvement in a 
        nonrevenue-producing parking lot if--
                  (A) except as provided in section 
                47108(e)(3), the airport does not have more 
                than .05 percent of the total annual passenger 
                boardings in the United States; and
                  (B) the sponsor certifies that any needed 
                airport development project affecting safety, 
                security, or capacity will not be deferred 
                because of the Secretary's approval.
          (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.

Sec. 47124. Agreements for State and local operation of airport 
                    facilities

  (a) Government Relief From Liability.--The Secretary of 
Transportation shall ensure that an agreement under this 
subchapter with a qualified entity (as determined by the 
Secretary), State, or a political subdivision of a State to 
allow the entity, State, or subdivision to operate an airport 
facility relieves the United States Government from any 
liability arising out of, or related to, acts or omissions of 
employees of the entity, State, or subdivision in operating the 
airport facility.
  (b) Air Traffic Control Contract Program.--
          (1) Contract tower program.--
                  (A) Continuation.--The Secretary shall 
                continue the low activity (Visual Flight Rules) 
                level I air traffic control tower contract 
                program established under subsection (a) of 
                this section for towers existing on December 
                30, 1987, and extend the program to other 
                towers as practicable.
                  (B) Special rule.--If the Secretary 
                determines that a tower already operating under 
                the program continued under this paragraph has 
                a benefit-to-cost ratio of less than 1.0, the 
                airport sponsor or State or local government 
                having jurisdiction over the airport shall not 
                be required to pay the portion of the costs 
                that exceeds the benefit for a period of 18 
                months [after such determination is made] after 
                the end of the period described in subsection 
                (d)(6)(C).
                  (C) Use of excess funds.--If the Secretary 
                finds that all or part of an amount made 
                available to carry out the program continued 
                under this paragraph is not required during a 
                fiscal year, the Secretary may use, during such 
                fiscal year, the amount not so required to 
                carry out [the program established under 
                paragraph (3)] the Cost-share Program.
          (2) General authority.--The Secretary may make a 
        contract with a qualified entity (as determined by the 
        Secretary) or, on a sole source basis, with a State or 
        a political subdivision of a State to allow the entity, 
        State, or subdivision to operate an airport traffic 
        control tower classified as a level I (Visual Flight 
        Rules) tower if the Secretary decides that the entity, 
        State, or subdivision has the capability to comply with 
        the requirements of this paragraph. The contract shall 
        require that the entity, State, or subdivision comply 
        with applicable safety regulations in operating the 
        facility and with applicable competition requirements 
        in making a subcontract to perform work to carry out 
        the contract.
          (3) [Contract air traffic control tower program] 
        cost-share program.--
                  (A) In general.--The Secretary shall 
                establish a program to contract for air traffic 
                control services at nonapproach control towers, 
                as defined by the Secretary, that do not 
                qualify for the [contract tower program 
                established under subsection (a) and continued 
                under paragraph (1) (in this paragraph referred 
                to as the ``Contract Tower Program'')] Contract 
                Tower Program.
                  (B) Program components.--[In carrying out the 
                program] In carrying out the Cost-share 
                Program, the Secretary shall--
                          (i) utilize for purposes of cost-
                        benefit analyses, current, actual, 
                        site-specific data, forecast estimates, 
                        or airport master plan data provided by 
                        a facility owner or operator and 
                        verified by the Secretary; and
                          (ii) approve for participation only 
                        facilities willing to fund a pro rata 
                        share of the operating costs of the air 
                        traffic control tower to achieve a 1-
                        to-1 benefit-to-cost ratio using actual 
                        site-specific contract tower operating 
                        costs in any case in which there is an 
                        operating air traffic control tower, as 
                        required for eligibility under the 
                        Contract Tower Program.
                  (C) Priority.--In selecting facilities to 
                [participate in the program] participate in the 
                Cost-share Program, the Secretary shall give 
                priority to the following facilities:
                          (i) Air traffic control towers that 
                        are participating in the Contract Tower 
                        Program but have been notified that 
                        they will be terminated from such 
                        program because the Secretary has 
                        determined that the benefit-to-cost 
                        ratio for their continuation in such 
                        program is less than 1.0.
                          (ii) Air traffic control towers that 
                        the Secretary determines have a 
                        benefit-to-cost ratio of at least .50.
                          (iii) Air traffic control towers of 
                        the Federal Aviation Administration 
                        that are closed as a result of the air 
                        traffic controllers strike in 1981.
                          (iv) Air traffic control towers 
                        located at airports or points at which 
                        an air carrier is receiving 
                        compensation under the essential air 
                        service program under this chapter.
                          (v) Air traffic control towers 
                        located at airports that are prepared 
                        to assume partial responsibility for 
                        maintenance costs.
                          (vi) Air traffic control towers 
                        located at airports with safety or 
                        operational problems related to 
                        topography, weather, runway 
                        configuration, or mix of aircraft.
                          (vii) Air traffic control towers 
                        located at an airport at which the 
                        community has been operating the tower 
                        at its own expense.
                  (D) Costs exceeding benefits.--If the costs 
                of operating an air traffic tower [under the 
                program] under the Cost-share Program exceed 
                the benefits, the airport sponsor or State or 
                local government having jurisdiction over the 
                airport shall pay the portion of the costs that 
                exceed such benefit, with the maximum allowable 
                local cost share capped at 20 percent. 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.
                  [(E) Funding.--Of the amounts appropriated 
                pursuant to section 106(k)(1), not more than 
                $10,350,000 for each of fiscal years 2012 
                through 2015 and not more than $ 5,175,000 for 
                the period beginning on October 1, 2015, and 
                ending on March 31, 2016, may be used to carry 
                out this paragraph.]
                  (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.
                  (F) Use of excess funds.--If the Secretary 
                finds that all or part of an amount made 
                available under this paragraph is not required 
                during a fiscal year, the Secretary may use, 
                during such fiscal year, the amount not so 
                required to carry out [the program continued 
                under paragraph (1)] the Contract Tower 
                Program.
          (4) Construction of air traffic control towers.--
                  (A) Grants.--The Secretary may provide grants 
                to a sponsor of--
                          (i) a primary airport--
                                  (I) from amounts made 
                                available under sections 
                                47114(c)(1) and 47114(c)(2) for 
                                the construction or improvement 
                                of a nonapproach control tower, 
                                as defined by the Secretary, 
                                and for the acquisition and 
                                installation of air traffic 
                                control, communications, and 
                                related equipment to be used in 
                                that tower;
                                  (II) from amounts made 
                                available under sections 
                                47114(c)(1) and 47114(c)(2) for 
                                reimbursement for the cost of 
                                construction or improvement of 
                                a nonapproach control tower, as 
                                defined by the Secretary, 
                                incurred after October 1, 1996, 
                                if the sponsor complied with 
                                the requirements of sections 
                                47107(e), 47112(b), and 
                                47112(c) in constructing or 
                                improving that tower; and
                                  (III) from amounts made 
                                available under sections 
                                47114(c)(1) and 47114(c)(2) for 
                                reimbursement for the cost of 
                                acquiring and installing in 
                                that tower air traffic control, 
                                communications, and related 
                                equipment that was acquired or 
                                installed after October 1, 
                                1996; and
                          (ii) a public-use airport that is not 
                        a primary airport--
                                  (I) from amounts made 
                                available under sections 
                                47114(c)(2) and 47114(d) for 
                                the construction or improvement 
                                of a nonapproach control tower, 
                                as defined by the Secretary, 
                                and for the acquisition and 
                                installation of air traffic 
                                control, communications, and 
                                related equipment to be used in 
                                that tower;
                                  (II) from amounts made 
                                available under sections 
                                47114(c)(2) and 47114(d)(3)(A) 
                                for reimbursement for the cost 
                                of construction or improvement 
                                of a nonapproach control tower, 
                                as defined by the Secretary, 
                                incurred after October 1, 1996, 
                                if the sponsor complied with 
                                the requirements of sections 
                                47107(e), 47112(b), and 
                                47112(c) in constructing or 
                                improving that tower; and
                                  (III) from amounts made 
                                available under sections 
                                47114(c)(2) and 47114(d)(3)(A) 
                                for reimbursement for the cost 
                                of acquiring and installing in 
                                that tower air traffic control, 
                                communications, and related 
                                equipment that was acquired or 
                                installed after October 1, 
                                1996.
                  (B) Eligibility.--An airport sponsor shall be 
                eligible for a grant under this paragraph only 
                if--
                          (i)(I) the sponsor is a participant 
                        in the Federal Aviation Administration 
                        [contract tower program established 
                        under subsection (a) and continued 
                        under paragraph (1) or the pilot 
                        program established under paragraph 
                        (3)] Contract Tower Program or the 
                        Cost-share Program; or
                                  (II) construction of a 
                                nonapproach control tower would 
                                qualify the sponsor to be 
                                eligible to participate in such 
                                program;
                          (ii) the sponsor certifies that it 
                        will pay not less than 10 percent of 
                        the cost of the activities for which 
                        the sponsor is receiving assistance 
                        under this paragraph;
                          (iii) the Secretary affirmatively 
                        accepts the proposed contract tower 
                        into a contract tower program under 
                        this section and certifies that the 
                        Secretary will seek future 
                        appropriations to pay the Federal 
                        Aviation Administration's cost of the 
                        contract to operate the tower to be 
                        constructed under this paragraph;
                          (iv) the sponsor certifies that it 
                        will pay its share of the cost of the 
                        contract to operate the tower to be 
                        constructed under this paragraph; and
                          (v) in the case of a tower to be 
                        constructed under this paragraph from 
                        amounts made available under section 
                        47114(d)(2) or 47114(d)(3)(B), the 
                        Secretary certifies that--
                                  (I) the Federal Aviation 
                                Administration has consulted 
                                the State within the borders of 
                                which the tower is to be 
                                constructed and the State 
                                supports the construction of 
                                the tower as part of its State 
                                airport capital plan; and
                                  (II) the selection of the 
                                tower for funding is based on 
                                objective criteria.
                  (C) Limitation on federal share.--The Federal 
                share of the cost of construction of a 
                nonapproach control tower under this paragraph 
                may not exceed [$2,000,000]  $4,000,000.
  (c) Safety Audits.--The Secretary shall establish uniform 
standards and requirements for regular safety assessments of 
air traffic control towers that receive funding under this 
section.
  (d) Cost Benefit Ratios.--
          (1) Contract air traffic control tower program at 
        cost-share airports.--Beginning on the date of 
        enactment of the Federal Aviation Administration 
        Reauthorization Act of 2016, if an air traffic control 
        tower is operating under the Cost-share Program, the 
        Secretary shall annually calculate a new benefit-to-
        cost ratio for the tower.
          (2) Contract tower program at non-cost-share 
        airports.--Beginning on the date of enactment of the 
        Federal Aviation Administration Reauthorization Act of 
        2016, if a tower is operating under the Contract Tower 
        Program and continued under subsection (b)(1), the 
        Secretary shall not calculate a new benefit-to-cost 
        ratio for the tower unless the annual aircraft traffic 
        at the airport where the tower is located decreases by 
        more than 25 percent from the previous year or by more 
        than 60 percent over a 3-year period.
          (3) Considerations.--In establishing a benefit-to-
        cost ratio under paragraph (1) or paragraph (2), the 
        Secretary may consider only the following costs:
                  (A) The Federal Aviation Administration's 
                actual cost of wages and benefits of personnel 
                working at the tower.
                  (B) The Federal Aviation Administration's 
                actual telecommunications costs of the tower.
                  (C) Relocation and replacement costs of 
                equipment of the Federal Aviation 
                Administration associated with the tower, if 
                paid for by the Federal Aviation 
                Administration.
                  (D) Logistics, such as direct costs 
                associated with establishing or updating the 
                tower's interface with other systems and 
                equipment of the Federal Aviation 
                Administration, if paid for by the Federal 
                Aviation Administration.
          (4) Exclusions.--In establishing a benefit-to-cost 
        ratio under paragraph (1) or paragraph (2), the 
        Secretary may not consider the following costs:
                  (A) Airway facilities costs, including labor 
                and other costs associated with maintaining and 
                repairing the systems and equipment of the 
                Federal Aviation Administration.
                  (B) Costs for depreciating the building and 
                equipment owned by the Federal Aviation 
                Administration.
                  (C) Indirect overhead costs of the Federal 
                Aviation Administration.
                  (D) Costs for utilities, janitorial, and 
                other services paid for or provided by the 
                airport or the State or political subdivision 
                of a State having jurisdiction over the airport 
                where the tower is located.
                  (E) The cost of new or replacement equipment, 
                or construction of a new or replacement tower, 
                if the costs incurred were incurred by the 
                airport or the State or political subdivision 
                of a State having jurisdiction over the airport 
                where the tower is or will be located.
                  (F) Other expenses of the Federal Aviation 
                Administration not directly associated with the 
                actual operation of the tower.
          (5) Margin of error.--The Secretary shall add a 5 
        percent margin of error to a benefit-to-cost ratio 
        determination to acknowledge and account for any direct 
        or indirect factors that are not included in the 
        criteria the Secretary used in calculating the benefit-
        to-cost ratio.
          (6) Procedures.--The Secretary shall establish 
        procedures--
                  (A) to allow an airport or the State or 
                political subdivision of a State having 
                jurisdiction over the airport where the tower 
                is located not less than 90 days following the 
                receipt of an initial benefit-to-cost ratio 
                determination from the Secretary--
                          (i) to request the Secretary 
                        reconsider that determination; and
                          (ii) to submit updated or additional 
                        data to the Secretary in support of the 
                        reconsideration;
                  (B) to allow the Secretary not more than 90 
                days to review the data submitted under 
                subparagraph (A)(ii) and respond to the request 
                under subparagraph (A)(i);
                  (C) to allow the airport, State, or political 
                subdivision of a State, as applicable, 30 days 
                following the date of the response under 
                subparagraph (B) to review the response before 
                any action is taken based on a benefit-to-cost 
                determination; and
                  (D) to provide, after the end of the period 
                described in subparagraph (C), an 18-month 
                grace period before cost-share payments are due 
                from the airport, State, or political 
                subdivision of a State if as a result of the 
                benefit-to-cost ratio determination the 
                airport, State, or political subdivision, as 
                applicable, is required to transition to the 
                Cost-share Program.
  (e) Definitions.--In this section:
          (1) Contract tower program.--The term ``Contract 
        Tower Program'' means the level I air traffic control 
        tower contract program established under subsection (a) 
        and continued under subsection (b)(1).
          (2) Cost-share program.--The term ``Cost-share 
        Program'' means the cost-share program established 
        under subsection (b)(3).

Sec. 47124a. Accessibility of certain flight data

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

Sec. 47128. State block grant program

  (a) General Requirements.--The Secretary of Transportation 
shall issue guidance to carry out a State block grant program. 
The guidance shall provide that the Secretary may designate not 
more than [9 qualified States for fiscal years 2000 and 2001 
and 10 qualified States for each fiscal year thereafter] 15 
qualified States for fiscal year 2016 and each fiscal year 
thereafter to assume administrative responsibility for all 
airport grant amounts available under this subchapter, except 
for amounts designated for use at primary airports.

           *       *       *       *       *       *       *


Sec. 47133. Restriction on use of revenues

           *       *       *       *       *       *       *


  (c) Rule of Construction.--
          (1) Nothing in this section may be construed to 
        prevent the use of a State tax on aviation fuel to 
        support a State aviation program or the use of airport 
        revenue on or off the airport for a noise mitigation 
        purpose.
          (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. 47136. Inherently low-emission airport vehicle pilot program

  [(a) In General.--The Secretary of Transportation shall carry 
out a pilot program at not more than 10 public-use airports 
under which the sponsors of such airports may use funds made 
available under section 48103 for use at such airports to carry 
out inherently low-emission vehicle activities. Notwithstanding 
any other provision of this subchapter, inherently low-emission 
vehicle activities shall for purposes of the pilot program be 
treated as eligible for assistance under this subchapter.
  [(b) Location in Air Quality Nonattainment Areas.--
          [(1) In general.--A public-use airport shall be 
        eligible for participation in the pilot program only 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)).
          [(2) Shortage of candidates.--If the Secretary 
        receives an insufficient number of applications from 
        public-use airports located in such areas, then the 
        Secretary may consider applications from public-use 
        airports that are not located in such areas.
  [(c) Selection Criteria.--In selecting from among applicants 
for participation in the pilot program, the Secretary shall 
give priority consideration to applicants that will achieve the 
greatest air quality benefits measured by the amount of 
emissions reduced per dollar of funds expended under the pilot 
program.
  [(d) United States Government's Share.--Notwithstanding any 
other provision of this subchapter, the United States 
Government's share of the costs of a project carried out under 
the pilot program shall be 50 percent.
  [(e) Maximum Amount.--Not more than $2,000,000 may be 
expended under the pilot program at any single public-use 
airport.
  [(f) Technical Assistance.--
          [(1) In general.--The sponsor of a public-use airport 
        carrying out inherently low-emission vehicle activities 
        under the pilot program may use not more than 10 
        percent of the amounts made available for expenditure 
        at the airport in a fiscal year under the pilot program 
        to receive technical assistance in carrying out such 
        activities.
          [(2) University transportation center.--To the 
        maximum extent practicable, participants in the pilot 
        program shall use a university transportation center 
        (as defined in section 5506 of this title) in the 
        region of the airport to receive technical assistance 
        described in paragraph (1).
  [(g) Materials Identifying Best Practices.--The Administrator 
may develop and make available materials identifying best 
practices for carrying out low-emission vehicle activities 
based on the projects carried out under the pilot program and 
other sources.
  [(h) Report to Congress.--Not later than 18 months after the 
date of the enactment of this section, the Secretary shall 
transmit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report containing--
          [(1) an evaluation of the effectiveness of the pilot 
        program;
          [(2) an identification of other public-use airports 
        that expressed an interest in participating in the 
        pilot program; and
          [(3) a description of the mechanisms used by the 
        Secretary to ensure that the information and know-how 
        gained by participants in the pilot program is 
        transferred among the participants and to other 
        interested parties, including other public-use 
        airports.
  [(i) Inherently Low-emission Vehicle Activity Defined.--In 
this section, the term ``inherently low-emission vehicle 
activity'' means--
          [(1) the construction of infrastructure or 
        modifications at public-use airports to enable the 
        delivery of fuel and services necessary for the use of 
        vehicles that are certified as inherently low-emission 
        vehicles under title 40 of the Code of Federal 
        Regulations and that--
                  [(A) operate exclusively on compressed 
                natural gas, liquefied natural gas, liquefied 
                petroleum gas, electricity, hydrogen, or a 
                blend at least 85 percent of which is methanol;
                  [(B) are labeled in accordance with section 
                88.312-93(c) of such title; and
                  [(C) are located or primarily used at public-
                use airports;
          [(2) the construction of infrastructure or 
        modifications at public-use airports to enable the 
        delivery of fuel and services necessary for the use of 
        nonroad vehicles that--
                  [(A) operate exclusively on compressed 
                natural gas, liquefied natural gas, liquefied 
                petroleum gas, electricity, hydrogen, or a 
                blend at least 85 percent of which is methanol;
                  [(B) meet or exceed the standards set forth 
                in section 86.1708-99 of such title or the 
                standards set forth in section 89.112(a) of 
                such title, and are in compliance with the 
                requirements of section 89.112(b) of such 
                title; and
                  [(C) are located or primarily used at public-
                use airports;
          [(3) the payment of that portion of the cost of 
        acquiring vehicles described in this subsection that 
        exceeds the cost of acquiring other vehicles or engines 
        that would be used for the same purpose; or
          [(4) the acquisition of technological capital 
        equipment to enable the delivery of fuel and services 
        necessary for the use of vehicles described in 
        paragraph (1).]

Sec. 47136a. Zero-emission airport vehicles and infrastructure

  (a) In General.--The Secretary of Transportation may 
establish a pilot program under which the sponsor of a public-
use airport may use funds made available under section 47117 or 
section 48103 for use at such airport to carry out activities 
associated with the acquisition and operation of zero-emission 
vehicles (as defined in section 88.102-94 of title 40, Code of 
Federal Regulations)[, including] used exclusively for 
transporting passengers on-airport or for employee shuttle 
buses within the airport, including the construction or 
modification of infrastructure to facilitate the delivery of 
fuel and services necessary for the use of such vehicles.
  (b) Location in Air Quality Nonattainment Areas.--
          (1) In general.--A public-use airport may be eligible 
        for participation in the program only if the airport is 
        located in a nonattainment area (as defined in section 
        171 of the Clean Air Act (42 U.S.C. 7501)).
          (2) Shortage of applicants.--If the Secretary 
        receives an insufficient number of applications from 
        public-use airports located in such areas, the 
        Secretary may permit public-use airports that are not 
        located in such areas to participate in the program.
  (c) Selection Criteria.--In selecting from among applicants 
for participation in the program, the Secretary shall give 
priority consideration to applicants that will achieve the 
greatest air quality benefits measured by the amount of 
emissions reduced per dollar of funds expended under the 
program.
  (d) Federal Share.--Notwithstanding any other provision of 
this subchapter, the Federal share of the costs of a project 
carried out under the program shall be 50 percent.
  (e) Technical Assistance.--
          (1) In general.--The sponsor of a public-use airport 
        carrying out activities funded under the program may 
        not use more than 10 percent of the amounts made 
        available under the program in any fiscal year for 
        technical assistance in carrying out such activities.
          (2) Use of university transportation center.--
        Participants in the program may use a university 
        transportation center receiving grants under section 
        5506 in the region of the airport to receive the 
        technical assistance described in paragraph (1).
  (f) Materials Identifying Best Practices.--The Secretary may 
develop and make available materials identifying best practices 
for carrying out activities funded under the program based on 
projects carried out under section 47136, as in effect on the 
day before the date of enactment of the Federal Aviation 
Administration Reauthorization Act of 2016, and other sources.

Sec. 47137. Airport security program

  (a) General Authority.--To improve security at public 
airports in the United States, the Secretary of 
[Transportation] Homeland Security shall carry out not less 
than one project to test and evaluate innovative aviation 
security systems and related technology.
  (b) Priority.--In carrying out this section, the Secretary 
shall give the highest priority to a request from an eligible 
sponsor for a grant to undertake a project that--
          (1) evaluates and tests the benefits of innovative 
        aviation security systems or related technology, 
        including explosives detection systems, for the purpose 
        of improving aviation and aircraft physical security, 
        access control, and passenger and baggage screening; 
        and
          (2) provides testing and evaluation of airport 
        security systems and technology in an operational, 
        testbed environment.
  (c) Matching Share.--Notwithstanding section 47109, the 
United States Government's share of allowable project costs for 
a project under this section shall be 100 percent.
  (d) Terms and Conditions.--The Secretary may establish such 
terms and conditions as the Secretary determines appropriate 
for carrying out a project under this section, including terms 
and conditions relating to the form and content of a proposal 
for a project, project assurances, and schedule of payments.
  (e) Administration.--The Secretary, in cooperation with the 
Secretary of [Homeland Security] Transportation, shall 
administer the program authorized by this section.
  (f) Eligible Sponsor Defined.--In this section, the term 
``eligible sponsor'' means a nonprofit corporation composed of 
a consortium of public and private persons, including a sponsor 
of a primary airport, with the necessary engineering and 
technical expertise to successfully conduct the testing and 
evaluation of airport and aircraft related security systems.
  (g) Authorization of Appropriations.--Of the amounts made 
available to the Secretary of Transportation under section 
47115 in a fiscal year, the Secretary shall make available not 
less than $5,000,000 for the purpose of carrying out this 
section.

[Sec. 47140. Airport ground support equipment emissions retrofit pilot 
                    program

  [(a) In General.--. The Secretary of Transportation shall 
carry out a pilot program at not more than 10 commercial 
service airports under which the sponsors of such airports may 
use an amount made available under section 48103 to retrofit 
existing eligible airport ground support equipment that burns 
conventional fuels to achieve lower emissions utilizing 
emission control technologies certified or verified by the 
Environmental Protection Agency.
  [(b) Location in Air Quality Nonattainment or Maintenance 
Areas.--A commercial service airport shall be eligible for 
participation in the pilot program only 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).
  [(c) Selection Criteria.--In selecting from among applicants 
for participation in the pilot program, the Secretary shall 
give priority consideration to applicants that will achieve the 
greatest air quality benefits measured by the amount of 
emissions reduced per dollar of funds expended under the pilot 
program.
  [(d) Maximum Amount.--Not more than $500,000 may be expended 
under the pilot program at any single commercial service 
airport.
  [(e) Guidelines.--The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall 
establish guidelines regarding the types of retrofit projects 
eligible under the pilot program by considering remaining 
equipment useful life, amounts of emission reduction in 
relation to the cost of projects, and other factors necessary 
to carry out this section. The Secretary may give priority to 
ground support equipment owned by the airport and used for 
airport purposes.
  [(f) Eligible Equipment Defined.--In this section, the term 
``eligible equipment'' means ground service or maintenance 
equipment that is located at the airport, is used to support 
aeronautical and related activities at the airport, and will 
remain in operation at the airport for the life or useful life 
of the equipment, whichever is earlier.]

Sec. 47140a. Increasing the energy efficiency of airport power sources

  (a) In General.--The Secretary of Transportation shall 
establish a program under which the Secretary shall encourage 
the sponsor of each public-use airport to assess the airport's 
energy requirements, including heating and cooling, base load, 
back-up power, and power for on-road airport vehicles and 
ground support equipment, in order to identify opportunities to 
increase energy efficiency at the [airport.] airport, and to 
reimburse the airport sponsor for the costs incurred in 
conducting the assessment.
  (b) Grants.--
          (1) In general.--The Secretary may make grants from 
        amounts made available under section 48103 to assist 
        airport sponsors that have completed the assessment 
        described in subsection (a) to acquire or construct 
        equipment, including hydrogen equipment and related 
        infrastructure, that will increase energy efficiency at 
        the airport.
          (2) Application.--To be eligible for a grant under 
        paragraph (1), the sponsor of a public-use airport 
        shall submit an application, including a certification 
        that no safety projects would be deferred by 
        prioritizing a grant under this section, to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require.

Sec. 47141. Compatible land use planning and projects by State and 
                    local governments

           *       *       *       *       *       *       *


  (f) Sunset.--This section shall not be in effect after [July 
15, 2016] September 30, 2017.

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

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

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.

           SUBCHAPTER III. AVIATION DEVELOPMENT STREAMLINING

Sec. 47171. Expedited, coordinated environmental review process

           *       *       *       *       *       *       *


  (l) Solicitation and Consideration of Comments.--In applying 
subsections (j) and (k), the Secretary shall solicit and 
consider comments from interested persons and governmental 
entities in accordance with the National Environmental Policy 
Act of 1969 (42 U.S.C. [4371] 4321 et seq.).
  (m) Monitoring by Task Force.--The Transportation 
Infrastructure Streamlining Task Force, established by 
Executive Order 13274 (67 Fed. Reg. 59449; relating to 
environmental stewardship and transportation infrastructure 
project reviews), may monitor airport projects that are subject 
to the coordinated review process under this section.

                           CHAPTER 475. NOISE

                     SUBCHAPTER I. NOISE ABATEMENT

Sec. 47503. Noise exposure maps

  (a) Submission and Preparation.--An airport operator may 
submit to the Secretary of Transportation a noise exposure map 
showing the noncompatible uses in each area of the map on the 
date the map is submitted, a description of estimated aircraft 
operations during a forecast period that is at least 5 years in 
the future and how those operations will affect the map. The 
map shall--
          (1) be prepared in consultation with public agencies 
        and planning authorities in the area surrounding the 
        airport; and
          (2) comply with regulations prescribed under section 
        47502 of this title.
  (b) Revised Maps.--If, in an area surrounding an airport, [a 
change in the operation of the airport would establish] there 
is a change in the operation of the airport that would 
establish a substantial new noncompatible use, or would 
significantly reduce noise over existing noncompatible uses, 
that is not reflected in either the existing conditions map or 
forecast map currently on file with the Federal Aviation 
Administration, the airport operator shall submit a revised 
noise exposure map to the Secretary showing the new 
noncompatible use or noise reduction 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.

                           PART C. FINANCING

       CHAPTER 481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

Sec. 48101. Air navigation facilities and equipment

  (a) General Authorization of Appropriations.--Not more than a 
total of the following amounts may be appropriated to the 
Secretary of Transportation out of the Airport and Airway Trust 
Fund established under section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and 
improve air navigation facilities under section 44502(a)(1)(A) 
of this title:
          [(1) $2,731,000,000 for fiscal year 2012.
          [(2) $2,715,000,000 for fiscal year 2013.
          [(3) $2,730,000,000 for fiscal year 2014.
          [(4) $2,730,000,000 for fiscal year 2015.
          [(5) $1,300,000,000 for the period beginning on 
        October 1, 2015, and ending on March 31, 2016.]
          (1) $2,855,241,025 for fiscal year 2016.
          (2) $2,862,020,524 for fiscal year 2017.
  (b) Availability of Amounts.--Amounts appropriated under this 
section remain available until expended.
  (c) Automated Surface Observation System/automated Weather 
Observing System Upgrade.--Of the amounts appropriated under 
subsection (a), such sums as may be necessary may be used for 
the implementation and use of upgrades to the current automated 
surface observation system/automated weather observing system, 
if the upgrade is successfully demonstrated.
  (d) Life-cycle Cost Estimates.--The Administrator of the 
Federal Aviation Administration shall establish life-cycle cost 
estimates for any air traffic control modernization project the 
total life-cycle costs of which equal or exceed $50,000,000.

Sec. 48102. Research and development

  (a) Authorization of Appropriations.--Not more than the 
following amounts may be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502) for conducting civil aviation research 
and development under sections 44504, 44505, 44507, 44509, and 
[44511-44513] 44512-44513 of this title [and, for each of 
fiscal years 2012 through 2015, under subsection (g)]:
          (1) for fiscal year 2004, $346,317,000, including--
                  (A) $65,000,000 for Improving Aviation 
                Safety;
                  (B) $24,000,000 for Weather Safety Research;
                  (C) $27,500,000 for Human Factors and 
                Aeromedical Research;
                  (D) $30,000,000 for Environmental Research 
                and Development, of which $20,000,000 shall be 
                for research activities related to reducing 
                community exposure to civilian aircraft noise 
                or emissions;
                  (E) $7,000,000 for Research Mission Support;
                  (F) $10,000,000 for the Airport Cooperative 
                Research Program;
                  (G) $1,500,000 for carrying out subsection 
                (h) of this section;
                  (H) $42,800,000 for Advanced Technology 
                Development and Prototyping;
                  (I) $30,300,000 for Safe Flight 21;
                  (J) $90,800,000 for the Center for Advanced 
                Aviation System Development;
                  (K) $9,667,000 for Airports Technology-
                Safety; and
                  (L) $7,750,000 for Airports Technology-
                Efficiency;
          (2) for fiscal year 2005, $356,192,000, including--
                  (A) $65,705,000 for Improving Aviation 
                Safety;
                  (B) $24,260,000 for Weather Safety Research;
                  (C) $27,800,000 for Human Factors and 
                Aeromedical Research;
                  (D) $30,109,000 for Environmental Research 
                and Development, of which $20,000,000 shall be 
                for research activities related to reducing 
                community exposure to civilian aircraft noise 
                or emissions;
                  (E) $7,076,000 for Research Mission Support;
                  (F) $10,000,000 for the Airport Cooperative 
                Research Program;
                  (G) $1,650,000 for carrying out subsection 
                (h) of this section;
                  (H) $43,300,000 for Advanced Technology 
                Development and Prototyping;
                  (I) $31,100,000 for Safe Flight 21;
                  (J) $95,400,000 for the Center for Advanced 
                Aviation System Development;
                  (K) $2,200,000 for Free Flight Phase 2;
                  (L) $9,764,000 for Airports Technology-
                Safety; and
                  (M) $7,828,000 for Airports Technology-
                Efficiency;
          (3) for fiscal year 2006, $352,157,000, including--
                  (A) $66,447,000 for Improving Aviation 
                Safety;
                  (B) $24,534,000 for Weather Safety Research;
                  (C) $28,114,000 for Human Factors and 
                Aeromedical Research;
                  (D) $30,223,000 for Environmental Research 
                and Development, of which $20,000,000 shall be 
                for research activities related to reducing 
                community exposure to civilian aircraft noise 
                or emissions;
                  (E) $7,156,000 for Research Mission Support;
                  (F) $10,000,000 for the Airport Cooperation 
                Research Program;
                  (G) $1,815,000 for carrying out subsection 
                (h) of this section;
                  (H) $42,200,000 for Advanced Technology 
                Development and Prototyping;
                  (I) $23,900,000 for Safe Flight 21;
                  (J) $100,000,000 for the Center for Advanced 
                Aviation System Development;
                  (K) $9,862,000 for Airports Technology-
                Safety; and
                  (L) $7,906,000 for Airports Technology-
                Efficiency;
          (4) for fiscal year 2007, $356,261,000, including--
                  (A) $67,244,000 for Improving Aviation 
                Safety;
                  (B) $24,828,000 for Weather Safety Research;
                  (C) $28,451,000 for Human Factors and 
                Aeromedical Research;
                  (D) $30,586,000 for Environmental Research 
                and Development, of which $20,000,000 shall be 
                for research activities related to reducing 
                community exposure to civilian aircraft noise 
                or emissions;
                  (E) $7,242,000 for Research Mission Support;
                  (F) $10,000,000 for the Airport Cooperation 
                Research Program;
                  (G) $1,837,000 for carrying out subsection 
                (h) of this section;
                  (H) $42,706,000 for Advanced Technology 
                Development and Prototyping;
                  (I) $24,187,000 for Safe Flight 21;
                  (J) $101,200,000 for the Center for Advanced 
                Aviation System Development;
                  (K) $9,980,000 for Airports Technology-
                Safety; and
                  (L) $8,000,000 for Airports Technology-
                Efficiency;
          (5) $171,000,000 for fiscal year 2009;
          (6) $190,500,000 for fiscal year 2010;
          (7) $170,000,000 for fiscal year 2011;
          (8) $168,000,000 for each of fiscal years 2012 
        through 2015[; and];
          [(9) $78,375,000 for the period beginning on October 
        1, 2015, and ending on March 31, 2016.]
          (9) $166,000,000 for fiscal year 2016; and
          (10) $169,000,000 for fiscal year 2017.
  (b) Research Priorities.--
          (1) The Administrator shall consider the advice and 
        recommendations of the research advisory committee 
        established by section 44508 of this title in 
        establishing priorities among major categories of 
        research and development activities carried out by the 
        Federal Aviation Administration.
          (2) At least 15 percent of the amount appropriated 
        under subsection (a) of this section shall be for long-
        term research projects.
          [(3) At least 3 percent of the amount appropriated 
        under subsection (a) of this section shall be available 
        to the Administrator of the Federal Aviation 
        Administration to make grants under section 44511 of 
        this title.]

           *       *       *       *       *       *       *


Sec. 48103. Airport planning and development and noise compatibility 
                    planning and programs

  (a) In General.--There shall be available to the Secretary of 
Transportation out of the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 
1986 to make grants for airport planning and airport 
development under section 47104, airport noise compatibility 
planning under [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] 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) Availability of Amounts.--Amounts made available under 
subsection (a) shall remain available until expended.

Sec. 48114. Funding for aviation programs

  (a) Authorization of Appropriations.--
          (1) Airport and airway trust fund guarantee.--
                  [(A) In general.--The total budget resources 
                made available from the Airport and Airway 
                Trust Fund each fiscal year pursuant to 
                sections 48101, 48102, 48103, and 106(k) 
                shall--
                          [(i) in fiscal year 2013, be equal to 
                        90 percent of the estimated level of 
                        receipts plus interest credited to the 
                        Airport and Airway Trust Fund for that 
                        fiscal year; and
                          [(ii) in fiscal year 2014 and each 
                        fiscal year thereafter, 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.
          [Such amounts may be used only for the aviation 
        investment programs listed in subsection (b)(1).]
                  (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) Guarantee.--No funds may be appropriated 
                or limited for aviation investment programs 
                listed in subsection (b)(1) unless the amount 
                described in subparagraph (A) has been 
                provided.]
          (2) Additional authorizations of appropriations from 
        the general fund.--In any fiscal year through fiscal 
        year 2016, if the amount described in paragraph (1) is 
        appropriated, there is further authorized to be 
        appropriated from the general fund of the Treasury such 
        sums as may be necessary for the Federal Aviation 
        Administration Operations account.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Total budget resources.--The term ``total budget 
        resources'' means the total amount made available from 
        the Airport and Airway Trust Fund for the sum of 
        obligation limitations and budget authority made 
        available for a fiscal year for the following budget 
        accounts that are subject to the obligation limitation 
        on contract authority provided in this title and for 
        which appropriations are provided pursuant to 
        authorizations contained in this title:
                  (A) 69-8106-0-7-402 (Grants in Aid for 
                Airports).
                  (B) 69-8107-0-7-402 (Facilities and 
                Equipment).
                  (C) 69-8108-0-7-402 (Research and 
                Development).
                  (D) 69-8104-0-7-402 (Trust Fund Share of 
                Operations).
          (2) Estimated level of receipts plus interest.--The 
        term ``estimated level of receipts plus interest'' 
        means the level of excise taxes and interest credited 
        to the Airport and Airway Trust Fund under section 9502 
        of the Internal Revenue Code of 1986 for a fiscal year 
        as set forth in the President's budget baseline 
        projection as defined in section 257 of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 
        (Public Law 99-177) (Treasury identification code 20-
        8103-0-7-402) for that fiscal year submitted pursuant 
        to section 1105 of title 31, United States Code.
  (c) Enforcement of Guarantees.--
          (1) Total airport and airway trust fund funding.--It 
        shall not be in order in the House of Representatives 
        or the Senate to consider any bill, joint resolution, 
        amendment, motion, or conference report that would 
        cause total budget resources in a fiscal year for 
        aviation investment programs described in subsection 
        (b) to be less than the amount required by subsection 
        (a)(1)(A) for such fiscal year.
          (2) Capital priority.--It shall not be in order in 
        the House of Representatives or the Senate to consider 
        any bill, joint resolution, amendment, motion, or 
        conference report that provides an appropriation (or 
        any amendment thereto) for any fiscal year through 
        fiscal year [2016] 2017 for Research and Development or 
        Operations if the sum of the obligation limitation for 
        Grants-in-Aid for Airports and the appropriation for 
        Facilities and Equipment for such fiscal year is below 
        the sum of the authorized levels for Grants-in-Aid for 
        Airports and for Facilities and Equipment for such 
        fiscal year.

Sec. 48104. Operations and maintenance

  [(a) Authorization of Appropriations.--the] The balance of 
the money available in the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502) may be appropriated to the Secretary of 
Transportation out of the Fund for--
          (1) direct costs the Secretary incurs to flight 
        check, operate, and maintain air navigation facilities 
        referred to in section 44502(a)(1)(A) of this title 
        safely and efficiently; and
          (2) the costs of services provided under 
        international agreements related to the joint financing 
        of air navigation services assessed against the United 
        States Government.

                           RAILWAY LABOR ACT


                        [45 U.S.C. 151 et seq.]

SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD.

                            [45 U.S.C. 165]

  (a) Evaluation and Audit of Mediation Board.--
          (1) In general.--In order to promote economy, 
        efficiency, and effectiveness in the administration of 
        the programs, operations, and activities of the 
        Mediation Board, the Comptroller General of the United 
        States shall evaluate and audit the programs and 
        expenditures of the Mediation Board. Such an evaluation 
        and audit shall be conducted not less frequently than 
        every [2 years] 4 years, but may be conducted as 
        determined necessary by the Comptroller General or the 
        appropriate congressional committees.
          (2) Responsibility of comptroller general.--In 
        carrying out the evaluation and audit required under 
        paragraph (1), the Comptroller General shall evaluate 
        and audit the programs, operations, and activities of 
        the Mediation Board, including, at a minimum--
                  (A) information management and security, 
                including privacy protection of personally 
                identifiable information;
                  (B) resource management;
                  (C) workforce development;
                  (D) procurement and contracting planning, 
                practices, and policies;
                  (E) the extent to which the Mediation Board 
                follows leading practices in selected 
                management areas; and
                  (F) the processes the Mediation Board follows 
                to address challenges in--
                          (i) initial investigations of 
                        applications requesting that an 
                        organization or individual be certified 
                        as the representative of any craft or 
                        class of employees;
                          (ii) determining and certifying 
                        representatives of employees; and
                          (iii) ensuring that the process 
                        occurs without interference, influence, 
                        or coercion.

           *       *       *       *       *       *       *


                     INTERNAL REVENUE CODE OF 1986


Sec. 9502. Airport and Airway Trust Fund

           *       *       *       *       *       *       *


  (d) Expenditures From Airport and Airway Trust Fund.--
          (1) * * *
          (2) Transfers from airport and airway trust fund on 
        account of certain refunds.--The Secretary of the 
        Treasury shall pay from time to time from the Airport 
        and Airway Trust Fund into the general fund of the 
        Treasury amounts equivalent to the amounts paid after 
        August 31, 1982, in respect of fuel used in aircraft, 
        under section 6420 (relating to amounts paid in respect 
        of gasoline used on [farms] farms), 6421 (relating to 
        amounts paid in respect of gasoline used for certain 
        nonhighway purposes), or 6427 (relating to fuels not 
        used for taxable purposes) (other than subsection 
        (l)(4) thereof).

           *       *       *       *       *       *       *


          VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT


                  [Public Law 108-176; 117 Stat. 2490]

SEC. 186. MIDWAY ISLAND AIRPORT.

  (a) Findings.--Congress finds that the continued operation of 
the Midway Island Airport in accordance with the standards of 
the Federal Aviation Administration applicable to commercial 
airports is critical to the safety of commercial, military, and 
general aviation in the mid-Pacific Ocean region.
  (b) Memorandum of Understanding on Sale of Aircraft Fuel.--
The Secretaries of Transportation, Defense, Interior, and 
Homeland Security shall enter into a memorandum of 
understanding to facilitate the sale of aircraft fuel on Midway 
Island at a price that will generate sufficient revenue to 
improve the ability of the airport to operate on a self-
sustaining basis in accordance with the standards of the 
Federal Aviation Administration applicable to commercial 
airports. The memorandum shall also address the long-range 
potential of promoting tourism as a means to generate revenue 
to operate the airport.
  (c) Transfer of Navigation Aids at Midway Island Airport.--
The Midway Island Airport may transfer, without consideration, 
to the Administrator the navigation aids at the airport. The 
Administrator shall accept the navigation aids and operate and 
maintain the navigation aids under criteria of the 
Administrator.
  (d) Funding to Secretary of the Interior for Midway Island 
Airport.--The Secretary of Transportation may enter into a 
reimbursable agreement with the Secretary of the Interior for 
the purpose of funding airport development, as defined in 
section 47102(3) of title 49, United States Code, at Midway 
Island Airport for fiscal years 2012 through 2015 [and for the 
period beginning on October 1, 2015, and ending on July 15, 
2016,] and for fiscal years 2016 through 2017 from amounts 
available in the discretionary fund established by section 
47115 of such title. The maximum obligation under the agreement 
for any such fiscal year shall be $2,500,000.

SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.

                         [49 U.S.C. 40101 note]

  (a) In General.--The Secretary of Transportation shall 
establish a senior policy committee to work with the Next 
Generation Air Transportation System Joint Planning and 
Development Office. The senior policy committee shall be 
chaired by the Secretary and shall meet at least twice each 
year.
  (b) Membership.--In addition to the Secretary, the senior 
policy committee shall be composed of--
          (1) the Administrator of the Federal Aviation 
        Administration (or the Administrator's designee);
          (2) the Administrator of the National Aeronautics and 
        Space Administration (or the Administrator's designee);
          (3) the Secretary of Defense (or the Secretary's 
        designee);
          (4) the Secretary of Homeland Security (or the 
        Secretary's designee);
          (5) the Secretary of Commerce (or the Secretary's 
        designee);
          (6) the Director of the Office of Science and 
        Technology Policy (or the Director's designee); and
          (7) designees from other Federal agencies determined 
        by the Secretary of Transportation to have an important 
        interest in, or responsibility for, other aspects of 
        the system.
  (c) Function.--The senior policy committee shall--
          (1) advise the Secretary of Transportation regarding 
        the national goals and strategic objectives for the 
        transformation of the Nation's air transportation 
        system to meet its future needs;
          (2) provide policy guidance for the integrated plan 
        for the air transportation system to be developed by 
        the Next Generation Air Transportation System Joint 
        Planning and Development Office;
          (3) provide ongoing policy review for the 
        transformation of the air transportation system;
          (4) identify resource needs and make recommendations 
        to their respective agencies for necessary funding for 
        planning, research, and development activities; and
          (5) make legislative recommendations, as appropriate, 
        for the future air transportation system.
  (d) Consultation.--In carrying out its functions under this 
section, the senior policy committee shall consult with, and 
ensure participation by, the private sector (including 
representatives of general aviation, commercial aviation, 
aviation labor, and the space industry), members of the public, 
and other interested parties and may do so through a special 
advisory committee composed of such representatives.
  (e) Annual Report.--
          (1) Submission to congress.--Not later than 1 year 
        after the date of enactment of this subsection, and 
        annually thereafter on the date of submission of the 
        President's budget request to Congress under section 
        1105(a) of title 31, United States Code, the Secretary 
        shall submit to Congress a report summarizing the 
        progress made in carrying out the integrated work plan 
        required by section 709(b)(5) and any changes in that 
        plan.
          (2) Contents.--The report shall include--
                  (A) a copy of the updated integrated work 
                plan;
                  (B) a description of the progress made in 
                carrying out the integrated work plan and any 
                changes in that plan, including any changes 
                based on funding shortfalls and limitations set 
                by the Office of Management and Budget;
                  (C) a detailed description of--
                          (i) the success or failure of each 
                        item of the integrated work plan for 
                        the previous year and relevant 
                        information as to why any milestone was 
                        not met; and
                          (ii) the impact of not meeting the 
                        milestone and what actions will be 
                        taken in the future to account for the 
                        failure to complete the milestone;
                  (D) an explanation of any change to future 
                years in the integrated work plan and the 
                reasons for such change[; and];
                  (E) an identification of the levels of 
                funding for each agency participating in the 
                integrated work plan devoted to programs and 
                activities under the plan for the previous 
                fiscal year and in the President's budget 
                request[.]; and
                  (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).

                FAA MODERNIZATION AND REFORM ACT OF 2012


                   [Public Law 112-95; 126 Stat. 11]

[SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.

                         [49 U.S.C. 40101 note]

  [In allocating amounts appropriated pursuant to section 
48101(a) of title 49, United States Code, the Secretary of 
Transportation shall give priority to the following NextGen 
activities:
          [(1) Next Generation Transportation System--
        Demonstrations and Infrastructure Development.
          [(2) Next Generation Transportation System--
        Trajectory Based Operations.
          [(3) Next Generation Transportation System--Reduce 
        Weather Impact.
          [(4) Next Generation Transportation System--Arrivals/
        Departures at High Density Airports.
          [(5) Next Generation Transportation System--
        Collaborative ATM.
          [(6) Next Generation Transportation System--Flexible 
        Terminals and Airports.
          [(7) Next Generation Transportation System--Safety, 
        Security, and Environment.
          [(8) Next Generation Transportation System--Systems 
        Network Facilities.
          [(9) Center for Advanced Aviation System Development.
          [(10) Next Generation Transportation System--System 
        Development.
          [(11) Data Communications in support of Next 
        Generation Air Transportation System.
          [(12) ADS-B NAS-Wide Implementation.
          [(13) System-Wide Information Management.
          [(14) Next Generation Transportation System--Facility 
        Consolidation and Realignment.
          [(15) En Route Modernization--D-Position Upgrade and 
        System Enhancements.
          [(16) National Airspace System Voice System.
          [(17) Next Generation Network Enabled Weather.
          [(18) NextGen Performance Based Navigation Metroplex 
        Area Navigation/Required Navigation Performance.]

SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.

           *       *       *       *       *       *       *


  (c) Coordinated and Expedited Review.--
          (1) In general.--Navigation performance and area 
        navigation procedures developed, certified, published, 
        or implemented under this section shall be presumed to 
        be covered by a categorical exclusion (as defined in 
        section 1508.4 of title 40, Code of Federal 
        Regulations) under chapter 3 of FAA Order 1050.1E 
        unless the Administrator determines that extraordinary 
        circumstances exist with respect to the procedure.
          (2) NextGen procedures. Any navigation performance or 
        other performance based navigation procedure developed, 
        certified, published, or implemented that, in the 
        determination of the Administrator, would result in 
        measurable reductions in fuel consumption, carbon 
        dioxide emissions, and noise, on a per flight basis, as 
        compared to aircraft operations that follow existing 
        instrument flight rules procedures in the same 
        airspace, shall be presumed to have no significant 
        affect on the quality of the human environment and the 
        Administrator shall issue and file a categorical 
        exclusion for the new procedure.
  (d) Deployment Plan for Nationwide Data Communications 
System.--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 plan for implementation of a nationwide data 
communications system. The plan shall include--
          (1) clearly defined budget, schedule, project 
        organization, and leadership requirements;
          (2) specific implementation and transition steps; and
          (3) baseline and performance metrics for measuring 
        the Administration's progress in implementing the plan.
  (e) Improved Performance Standards.--
          (1) Assessment of work being performed under nextgen 
        implementation plan.--The Administrator shall clearly 
        outline in the NextGen Implementation Plan document of 
        the Administration the work being performed under the 
        plan to determine--
                  (A) whether utilization of ADS-B, RNP, and 
                other technologies as part of NextGen 
                implementation will display the position of 
                aircraft more accurately and frequently to 
                enable a more efficient use of existing 
                airspace and result in reduced consumption of 
                aviation fuel and aircraft engine emissions; 
                and
                  (B) the feasibility of reducing aircraft 
                separation standards in a safe manner as a 
                result of the implementation of such 
                technologies.
          (2) Aircraft separation standards.--If the 
        Administrator determines that the standards referred to 
        in paragraph (1)(B) can be reduced safely, the 
        Administrator shall include in the NextGen 
        Implementation Plan a timetable for implementation of 
        such reduced standards.
          (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 the 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 the 
                enactment of this paragraph).
  (f) Third-party Usage.--The Administration shall establish a 
program under which the Administrator is authorized to use 
qualified third parties in the development, testing, and 
maintenance of flight procedures.

SEC. 214. PERFORMANCE METRICS.

                         [49 U.S.C. 40101 note]

  (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 and begin tracking 
national airspace system performance metrics, including, at a 
minimum, metrics with respect to--
          (1) actual arrival and departure rates per hour 
        measured against the currently published aircraft 
        arrival rate and aircraft departure rate for the 35 
        operational evolution partnership airports;
          (2) average gate-to-gate times;
          (3) fuel burned between key city pairs;
          (4) operations using the advanced navigation 
        procedures, including performance based navigation 
        procedures;
          (5) the average distance flown between key city 
        pairs;
          (6) the time between pushing back from the gate and 
        taking off;
          (7) continuous climb or descent;
          (8) average gate arrival delay for all arrivals;
          (9) flown versus filed flight times for key city 
        pairs;
          (10) implementation of NextGen Implementation Plan, 
        or any successor document, capabilities designed to 
        reduce emissions and fuel consumption;
          (11) the Administration's unit cost of providing air 
        traffic control services; and
          (12) runway safety, including runway incursions, 
        operational errors, and loss of standard separation 
        events.
  (b) Baselines.--The Administrator, in consultation with 
aviation industry stakeholders, shall identify baselines for 
each of the metrics established under subsection (a) and 
appropriate methods to measure deviations from the baselines.
  (c) Publication.--The Administrator shall make data obtained 
under subsection (a) available to the public in a searchable, 
sortable, and downloadable format through the Web site of the 
Administration and other appropriate media.
  (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).
  [(d)](e) Report.--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 that contains--
          (1) a description of the metrics that will be used to 
        measure the Administration's progress in implementing 
        NextGen capabilities and operational results;
          (2) information on any additional metrics developed; 
        and
          (3) a process for holding the Administration 
        accountable for meeting or exceeding the metrics 
        baselines identified in subsection (b).

SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL 
                    AIRSPACE SYSTEM.

                         [49 U.S.C. 40101 note]

  (a) Required Planning for Integration.--
          (1) Comprehensive plan.--Not later than 270 days 
        after the date of enactment of this Act, the Secretary 
        of Transportation, in consultation with representatives 
        of the aviation industry, Federal agencies that employ 
        unmanned aircraft systems technology in the national 
        airspace system, and the unmanned aircraft systems 
        industry, shall develop a comprehensive plan to safely 
        accelerate the integration of civil unmanned aircraft 
        systems into the national airspace system.
          (2) Contents of plan.--The plan required under 
        paragraph (1) shall contain, at a minimum, 
        recommendations or projections on--
                  (A) the rulemaking to be conducted under 
                subsection (b), with specific recommendations 
                on how the rulemaking will--
                          (i) define the acceptable standards 
                        for operation and certification of 
                        civil unmanned aircraft systems;
                          (ii) ensure that any civil unmanned 
                        aircraft system includes a sense and 
                        avoid capability; and
                          (iii) establish standards and 
                        requirements for the operator and pilot 
                        of a civil unmanned aircraft system, 
                        including standards and requirements 
                        for registration and licensing;
                  (B) the best methods to enhance the 
                technologies and subsystems necessary to 
                achieve the safe and routine operation of civil 
                unmanned aircraft systems in the national 
                airspace system;
                  (C) a phased-in approach to the integration 
                of civil unmanned aircraft systems into the 
                national airspace system;
                  (D) a timeline for the phased-in approach 
                described under subparagraph (C);
                  (E) creation of a safe
                  (F) airspace designation for cooperative 
                manned and unmanned flight operations in the 
                national airspace system;
                  (G) establishment of a process to develop 
                certification, flight standards, and air 
                traffic requirements for civil unmanned 
                aircraft systems at test ranges where such 
                systems are subject to testing;
                  (H) the best methods to ensure the safe 
                operation of civil unmanned aircraft systems 
                and public unmanned aircraft systems 
                simultaneously in the national airspace system; 
                and
                  (I) incorporation of the plan into the annual 
                NextGen Implementation Plan document (or any 
                successor document) of the Federal Aviation 
                Administration.
          (3) Deadline.--The plan required under paragraph (1) 
        shall provide for the safe integration of civil 
        unmanned aircraft systems into the national airspace 
        system as soon as practicable, but not later than 
        September 30, 2015.
          (4) Report to congress.--Not later than 1 year after 
        the date of enactment of this Act, the Secretary shall 
        submit to Congress a copy of the plan required under 
        paragraph (1).
          (5) Roadmap.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall approve and 
        make available in print and on the Administration's 
        Internet Web site a 5-year roadmap for the introduction 
        of civil unmanned aircraft systems into the national 
        airspace system, as coordinated by the Unmanned 
        Aircraft Program Office of the Administration. The 
        Secretary shall update the roadmap annually.
  (b) Rulemaking.--Not later than 18 months after the date on 
which the plan required under subsection (a)(1) is submitted to 
Congress under subsection (a)(4), the Secretary shall publish 
in the Federal Register--
          (1) a final rule on small unmanned aircraft systems 
        that will allow for civil operation of such systems in 
        the national airspace system, to the extent the systems 
        do not meet the requirements for expedited operational 
        authorization under section 333 of this Act;
          (2) a notice of proposed rulemaking to implement the 
        recommendations of the plan required under subsection 
        (a)(1), with the final rule to be published not later 
        than 16 months after the date of publication of the 
        notice; and
          (3) an update to the Administration's most recent 
        policy statement on unmanned aircraft systems, 
        contained in Docket No. FAA-2006-25714.
  [(c) Pilot Projects.--
          [(1) Establishment.--Not later than 180 days after 
        the date of enactment of this Act, the Administrator 
        shall establish a program to integrate unmanned 
        aircraft systems into the national airspace system at 6 
        test ranges. The program shall terminate 5 years after 
        the date of enactment of this Act.
          [(2) Program requirements.--In establishing the 
        program under paragraph (1), the Administrator shall--
                  [(A) safely designate airspace for integrated 
                manned and unmanned flight operations in the 
                national airspace system;
                  [(B) develop certification standards and air 
                traffic requirements for unmanned flight 
                operations at test ranges;
                  [(C) coordinate with and leverage the 
                resources of the National Aeronautics and Space 
                Administration and the Department of Defense;
                  [(D) address both civil and public unmanned 
                aircraft systems;
                  [(E) ensure that the program is coordinated 
                with the Next Generation Air Transportation 
                System; and
                  [(F) provide for verification of the safety 
                of unmanned aircraft systems and related 
                navigation procedures before integration into 
                the national airspace system.
          [(3) Test range locations.--In determining the 
        location of the 6 test ranges of the program under 
        paragraph (1), the Administrator shall--
                  [(A) take into consideration geographic and 
                climatic diversity;
                  [(B) take into consideration the location of 
                ground infrastructure and research needs; and
                  [(C) consult with the National Aeronautics 
                and Space Administration and the Department of 
                Defense.
          [(4) Test range operation.--A project at a test range 
        shall be operational not later than 180 days after the 
        date on which the project is established.
          [(5) Report to congress.--
                  [(A) In general.--Not later than 90 days 
                after the date of the termination of the 
                program under paragraph (1), the Administrator 
                shall submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Transportation and 
                Infrastructure and the Committee on Science, 
                Space, and Technology of the House of 
                Representatives a report setting forth the 
                Administrator's findings and conclusions 
                concerning the projects.
                  [(B) Additional contents.--The report under 
                subparagraph (A) shall include a description 
                and assessment of the progress being made in 
                establishing special use airspace to fill the 
                immediate need of the Department of Defense--
                          [(i) to develop detection techniques 
                        for small unmanned aircraft systems; 
                        and
                          [(ii) to validate the sense and avoid 
                        capability and operation of unmanned 
                        aircraft systems.
  [(d) Expanding Use of Unmanned Aircraft Systems in Arctic.--
          [(1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        develop a plan and initiate a process to work with 
        relevant Federal agencies and national and 
        international communities to designate permanent areas 
        in the Arctic where small unmanned aircraft may operate 
        24 hours per day for research and commercial purposes. 
        The plan for operations in these permanent areas shall 
        include the development of processes to facilitate the 
        safe operation of unmanned aircraft beyond line of 
        sight. Such areas shall enable over-water flights from 
        the surface to at least 2,000 feet in altitude, with 
        ingress and egress routes from selected coastal launch 
        sites.
          [(2) Agreements.--To implement the plan under 
        paragraph (1), the Secretary may enter into an 
        agreement with relevant national and international 
        communities.
          [(3) Aircraft approval.--Not later than 1 year after 
        the entry into force of an agreement necessary to 
        effectuate the purposes of this subsection, the 
        Secretary shall work with relevant national and 
        international communities to establish and implement a 
        process, or may apply an applicable process already 
        established, for approving the use of unmanned aircraft 
        in the designated permanent areas in the Arctic without 
        regard to whether an unmanned aircraft is used as a 
        public aircraft, a civil aircraft, or a model 
        aircraft.]

[SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

                         [49 U.S.C. 40101 note]

  [(a) In General.--Notwithstanding any other requirement of 
this subtitle, and not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
determine if certain unmanned aircraft systems may operate 
safely in the national airspace system before completion of the 
plan and rulemaking required by section 332 of this Act or the 
guidance required by section 334 of this Act.
  [(b) Assessment of Unmanned Aircraft Systems.--In making the 
determination under subsection (a), the Secretary shall 
determine, at a minimum--
          [(1) which types of unmanned aircraft systems, if 
        any, as a result of their size, weight, speed, 
        operational capability, proximity to airports and 
        populated areas, and operation within visual line of 
        sight do not create a hazard to users of the national 
        airspace system or the public or pose a threat to 
        national security; and
          [(2) whether a certificate of waiver, certificate of 
        authorization, or airworthiness certification under 
        section 44704 of title 49, United States Code, is 
        required for the operation of unmanned aircraft systems 
        identified under paragraph (1).
  [(c) Requirements for Safe Operation.--If the Secretary 
determines under this section that certain unmanned aircraft 
systems may operate safely in the national airspace system, the 
Secretary shall establish requirements for the safe operation 
of such aircraft systems in the national airspace system.]

[SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

                         [49 U.S.C. 40101 note]

  [(a) Guidance.--Not later than 270 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
issue guidance regarding the operation of public unmanned 
aircraft systems to--
          [(1) expedite the issuance of a certificate of 
        authorization process;
          [(2) provide for a collaborative process with public 
        agencies to allow for an incremental expansion of 
        access to the national airspace system as technology 
        matures and the necessary safety analysis and data 
        become available, and until standards are completed and 
        technology issues are resolved;
          [(3) facilitate the capability of public agencies to 
        develop and use test ranges, subject to operating 
        restrictions required by the Federal Aviation 
        Administration, to test and operate unmanned aircraft 
        systems; and
          [(4) provide guidance on a public entity's 
        responsibility when operating an unmanned aircraft 
        without a civil airworthiness certificate issued by the 
        Administration.
  [(b) Standards for Operation and Certification.--Not later 
than December 31, 2015, the Administrator shall develop and 
implement operational and certification requirements for the 
operation of public unmanned aircraft systems in the national 
airspace system.
  [(c) Agreements With Government Agencies.--
          [(1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary shall 
        enter into agreements with appropriate government 
        agencies to simplify the process for issuing 
        certificates of waiver or authorization with respect to 
        applications seeking authorization to operate public 
        unmanned aircraft systems in the national airspace 
        system.
          [(2) Contents.--The agreements shall--
                  [(A) with respect to an application described 
                in paragraph (1)--
                          [(i) provide for an expedited review 
                        of the application;
                          [(ii) require a decision by the 
                        Administrator on approval or 
                        disapproval within 60 business days of 
                        the date of submission of the 
                        application; and
                          [(iii) allow for an expedited appeal 
                        if the application is disapproved;
                  [(B) allow for a one-time approval of similar 
                operations carried out during a fixed period of 
                time; and
                  [(C) allow a government public safety agency 
                to operate unmanned aircraft weighing 4.4 
                pounds or less, if operated--
                          [(i) within the line of sight of the 
                        operator;
                          [(ii) less than 400 feet above the 
                        ground;
                          [(iii) during daylight conditions;
                          [(iv) within Class G airspace; and
                          [(v) outside of 5 statute miles from 
                        any airport, heliport, seaplane base, 
                        spaceport, or other location with 
                        aviation activities.]

[SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

  [(a) In General.--Notwithstanding any other provision of law 
relating to the incorporation of unmanned aircraft systems into 
Federal Aviation Administration plans and policies, including 
this subtitle, the Administrator of the Federal Aviation 
Administration may not promulgate any rule or regulation 
regarding a model aircraft, or an aircraft being developed as a 
model aircraft, 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) the aircraft is limited to not more than 55 
        pounds unless otherwise certified through a design, 
        construction, inspection, flight test, and operational 
        safety program administered by a community-based 
        organization;
          [(4) the aircraft is operated in a manner that does 
        not interfere with and gives way to any manned 
        aircraft; and
          [(5) when flown within 5 miles of an airport, the 
        operator of the aircraft provides the airport operator 
        and the airport air traffic control tower (when an air 
        traffic facility is located at the airport) with prior 
        notice of the operation (model aircraft operators 
        flying from a permanent location within 5 miles of an 
        airport should establish a mutually-agreed upon 
        operating procedure with the airport operator and the 
        airport air traffic control tower (when an air traffic 
        facility is located at the airport)).
  [(b) 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 who endanger the safety of the national airspace 
system.
  [(c) Model Aircraft Defined.--In this section, the term 
``model aircraft'' means an unmanned aircraft that is--
          [(1) capable of sustained flight in the atmosphere;
          [(2) flown within visual line of sight of the person 
        operating the aircraft; and
          [(3) flown for hobby or recreational purposes.]

SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER 
                    PROTECTION.

  (a) In General.--The Secretary of Transportation shall 
establish an advisory committee for aviation consumer 
protection to advise the Secretary in carrying out activities 
relating to airline customer service improvements.
  (b) Membership.--. The Secretary shall appoint the members of 
the advisory committee, which shall be comprised of one 
representative each of--
          (1) air carriers;
          (2) airport operators;
          (3) State or local governments with expertise in 
        consumer protection matters; and
          (4) nonprofit public interest groups with expertise 
        in consumer protection matters.
  (c) Vacancies.--A vacancy in the advisory committee shall be 
filled in the manner in which the original appointment was 
made.
  (d) 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.
  (e) Chairperson.--The Secretary shall designate, from among 
the individuals appointed under subsection (b), an individual 
to serve as chairperson of the advisory committee.
  (f) Duties.--The duties of the advisory committee shall 
include--
          (1) evaluating existing aviation consumer protection 
        programs and providing recommendations for the 
        improvement of such programs, if needed; and
          (2) providing recommendations for establishing 
        additional aviation consumer protection programs, if 
        needed.
  (g) Report to Congress.--Not later than February 1 of each 
[of the first 2 calendar years beginning after the date of 
enactment of this Act] calendar year, the Secretary shall 
transmit to Congress and post on the Department of 
Transportation Web site a report containing--
          (1) the recommendations made by the advisory 
        committee during the preceding calendar year; and
          (2) an explanation of how the Secretary has 
        implemented each recommendation and, for each 
        recommendation not implemented, the Secretary's reason 
        for not implementing the recommendation.
  (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.
  [(h)](i) Termination.--The advisory committee established 
under this section shall terminate on [July 15, 2016] September 
30, 2017.

SEC. 817. RELEASE FROM RESTRICTIONS.

                         [49 U.S.C. 47125 note]

  (a) In General.--Subject to subsection (b), the Secretary of 
Transportation is authorized to grant to an airport, city, or 
county a release from any of the terms, conditions, 
reservations, or restrictions contained in a deed under which 
the United States conveyed to the airport, city, or county an 
interest in real property for airport purposes pursuant to 
section 16 of the Federal Airport Act (60 Stat. 179) [or 
section 23], section 23 of the Airport and Airway Development 
Act of 1970 (84 Stat. 232), or section 47125 of title 49, 
United States Code.
  (b) Condition.--Any release granted by the Secretary pursuant 
to subsection (a) shall be subject to the following conditions:
          (1) The applicable airport, city, or county shall 
        agree that in conveying any interest in the real 
        property which the United States conveyed to the 
        airport, city, or county, the airport, city, or county 
        will receive consideration for such interest that is 
        equal to its fair market value.
          (1) Any consideration received by the airport, city, 
        or county under paragraph (1) shall be used exclusively 
        for the development, improvement, operation, or 
        maintenance of a public airport by the airport, city, 
        or county.
          (1) Any other conditions required by the Secretary.

SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

[49 U.S.C. 47141 note]

           *       *       *       *       *       *       *


  (k) Sunset.--This section shall not be in effect after [July 
15, 2016] September 30, 2017.

                         PILOTS BILL OF RIGHTS


                  [Public Law 112-153; 126 Stat. 1159]

SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND 
                    ELIMINATION OF DEFERENCE.

                         [49 U.S.C. 44703 note]

  (a) In General.--Any proceeding conducted under subpart C, D, 
or F of part 821 of title 49, Code of Federal Regulations, 
relating to denial, amendment, modification, suspension, or 
revocation of an airman certificate, shall be conducted, to the 
extent practicable, in accordance with the Federal Rules of 
Civil Procedure and the Federal Rules of Evidence.
  (b) Access to Information.--
          (1) In general.--Except as provided under paragraph 
        (3), the Administrator of the Federal Aviation 
        Administration (referred to in this section as the 
        ``Administrator'') shall provide timely, written 
        notification to an individual who is the subject of an 
        investigation relating to the approval, denial, 
        suspension, modification, or revocation of an airman 
        certificate under chapter 447 of title 49, United 
        States Code.
          (2) Information required.--The notification required 
        under paragraph (1) shall inform the individual--
                  (A) of the nature of the investigation and 
                the specific activity on which the 
                investigation is based;
                  (B) that an oral or written response to a 
                Letter of Investigation from the Administrator 
                is not required;
                  (C) that no action or adverse inference can 
                be taken against the individual for declining 
                to respond to a Letter of Investigation from 
                the Administrator;
                  (D) that any response to a Letter of 
                Investigation from the Administrator or to an 
                inquiry made by a representative of the 
                Administrator by the individual may be used as 
                evidence against the individual;
                  (E) that the releasable portions of the 
                Administrator's investigative report will be 
                available to the individual; and
                  (F) that the individual is entitled to access 
                or otherwise obtain air traffic data described 
                in paragraph (4).
          (3) Exception.--The Administrator may delay [timely] 
        notification under paragraph (1) if the Administrator 
        determines that such notification may threaten the 
        integrity of the investigation.
          (4) Access to air traffic data.--
                  (A) FAA air traffic data.--The Administrator 
                shall provide an individual described in 
                paragraph (1) with timely access to any air 
                traffic data in the possession of the Federal 
                Aviation Administration that would facilitate 
                the individual's ability to productively 
                participate in a proceeding relating to an 
                investigation described in such paragraph.
                  (B) Air traffic data defined.--As used in 
                subparagraph (A), the term ``air traffic data'' 
                includes--
                          (i) relevant air traffic 
                        communication tapes;
                          (ii) radar information;
                          (iii) air traffic controller 
                        statements;
                          (iv) flight data;
                          (v) investigative reports; and
                          (vi) any other air traffic or flight 
                        data in the Federal Aviation 
                        Administration's possession that would 
                        facilitate the individual's ability to 
                        productively participate in the 
                        proceeding.
                  (C) Government contractor air traffic data.--
                          (i) In general.--Any individual 
                        described in paragraph (1) is entitled 
                        to obtain any air traffic data that 
                        would facilitate the individual's 
                        ability to productively participate in 
                        a proceeding relating to an 
                        investigation described in such 
                        paragraph from a government contractor 
                        that provides operational services to 
                        the Federal Aviation Administration, 
                        including control towers and flight 
                        service stations.
                          (ii) Required information from 
                        individual.--The individual may obtain 
                        the information described in clause (i) 
                        by submitting a request to the 
                        Administrator that--
                                  (I) describes the facility at 
                                which such information is 
                                located; and
                                  (II) identifies the date on 
                                which such information was 
                                generated.
                          (iii) Provision of information to 
                        individual.--If the Administrator 
                        receives a request under this 
                        subparagraph, the Administrator shall--
                                  (I) request the contractor to 
                                provide the requested 
                                information; and
                                  (II) upon receiving such 
                                information, transmitting the 
                                information to the requesting 
                                individual in a timely manner.
          (5) Timing.--Except when the Administrator determines 
        that an emergency exists under [section 44709(c)(2)] 
        section 44709(e)(2) or 46105(c), the Administrator may 
        not proceed against an individual that is the subject 
        of an investigation described in paragraph (1) during 
        the 30-day period beginning on the date on which the 
        air traffic data required under paragraph (4) is made 
        available to the individual.
  (c) [Omitted]
  (d) Appeal From Certificate Actions.--
          (1) In general.--Upon a decision by the National 
        Transportation Safety Board upholding an order or a 
        final decision by the Administrator denying an airman 
        certificate under section 44703(d) of title 49, United 
        States Code, [or imposing a punitive civil action or an 
        emergency order of revocation under subsections (d) and 
        (e) of section 44709 of such title] 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, an individual substantially 
        affected by an order of the Board may, at the 
        individual's election, file an appeal in the United 
        States district court in which the individual resides 
        or in which the action in question occurred, or in the 
        United States District Court for the District of 
        Columbia. If the individual substantially affected by 
        an order of the Board elects not to file an appeal in a 
        United States district court, the individual may file 
        an appeal in an appropriate United States court of 
        appeals.
          (2) Emergency order pending judicial review.--
        Subsequent to a decision by the Board to uphold an 
        Administrator's emergency order under section 
        44709(e)(2) of title 49, United States Code, and absent 
        a stay of the enforcement of that order by the Board, 
        the emergency order of amendment, modification, 
        suspension, or revocation of a certificate shall remain 
        in effect, pending the exhaustion of an appeal to a 
        Federal district court as provided in this Act.
  (e) Standard of Review.--
          [(1) In general.--In an appeal filed under subsection 
        (d) in a United States district court, the district 
        court shall give full independent review of a denial, 
        suspension, or revocation ordered by the Administrator, 
        including substantive independent and expedited review 
        of any decision by the Administrator to make such order 
        effective immediately.]
          (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) 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.
          [(2)](3) Evidence.--A United States district court's 
        review under paragraph (1) shall include in evidence 
        any record of the proceeding before the Administrator 
        and any record of the proceeding before the National 
        Transportation Safety Board, including hearing 
        testimony, transcripts, exhibits, decisions, and briefs 
        submitted by the parties.
          (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.
  (f) Release of Investigative Reports.--
          (1) In general.--
                  (A) Emergency orders.--In any proceeding 
                conducted under part 821 of title 49, Code of 
                Federal Regulations, relating to the amendment, 
                modification, suspension, or revocation of an 
                airman certificate, in which the Administrator 
                issues an emergency order under subsections (d) 
                and (e) of section 44709, section 44710, or 
                section 46105(c) of title 49, United States 
                Code, or another order that takes effect 
                immediately, the Administrator shall provide to 
                the individual holding the airman certificate 
                the releasable portion of the investigative 
                report at the time the Administrator issues the 
                order. If the complete Report of Investigation 
                is not available at the time the Emergency 
                Order is issued, the Administrator shall issue 
                all portions of the report that are available 
                at the time and shall provide the full report 
                within 5 days of its completion.
                  (B) Other orders.--In any non-emergency 
                proceeding conducted under part 821 of title 
                49, Code of Federal Regulations, relating to 
                the amendment, modification, suspension, or 
                revocation of an airman certificate, in which 
                the Administrator notifies the certificate 
                holder of a proposed certificate action under 
                subsections (b) and (c) of section 44709 or 
                section 44710 of title 49, United States Code, 
                the Administrator shall, upon the written 
                request of the covered certificate holder and 
                at any time after that notification, provide to 
                the covered certificate holder the releasable 
                portion of the investigative report.
          (2) Motion for dismissal.--If the Administrator does 
        not provide the releasable portions of the 
        investigative report to the individual holding the 
        airman certificate subject to the proceeding referred 
        to in paragraph (1) by the time required by that 
        paragraph, the 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. 3. NOTICES TO AIRMEN.

                         [49 U.S.C. 44701 note]

  (a) In General.--
          (1) Definition.--In this section, the term ``NOTAM'' 
        means Notices to Airmen.
          (2) Improvements.--Not later than 180 days after the 
        date of the enactment of [this Act] the Pilot's Bill of 
        Rights 2, the Administrator of the Federal Aviation 
        Administration shall [begin] complete the 
        implementation of a Notice to Airmen Improvement 
        Program (in this section referred to as the ``NOTAM 
        Improvement Program'')--
                  (A) to improve the system of providing airmen 
                with pertinent and timely information regarding 
                the national airspace system;
                  [(B) to archive, in a public central 
                location, 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; and]
                  (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) to apply filters so that pilots can 
                prioritize critical flight safety information 
                from other airspace system information[.]; and
                  (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.
  (b) Goals of Program.--The goals of the NOTAM Improvement 
Program are--
          (1) to decrease the overwhelming volume of NOTAMs an 
        airman receives when retrieving airman information 
        prior to a flight in the national airspace system;
          (2) make the NOTAMs more specific and relevant to the 
        airman's route and in a format that is more useable to 
        the airman;
          (3) to provide a full set of NOTAM results in 
        addition to specific information requested by airmen;
          (4) to provide a document that is easily searchable; 
        and
          (5) to provide a filtering mechanism similar to that 
        provided by the Department of Defense Notices to 
        Airmen.
  (c) Advice From Private Sector Groups.--The Administrator 
shall establish a NOTAM Improvement Panel, which shall be 
comprised of representatives of relevant nonprofit and not-for-
profit general aviation pilot groups, to advise the 
Administrator in carrying out the goals of the NOTAM 
Improvement Program under this section.
  [(d) Phase-in and Completion.--The improvements required by 
this section shall be phased in as quickly as practicable and 
shall be completed not later than the date that is 1 year after 
the date of the enactment of this Act.]
  (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.

                                  [all]