[Senate Report 115-243]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 407

115th Congress   }                                        {    REPORT
                                SENATE 
 2d Session      }                                        {   115-243
                                                                
_______________________________________________________________________

                               

                                                       


      FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1405

                             together with

                           SUPPLEMENTAL VIEWS
                           


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]




                  May 9, 2018.--Ordered to be printed
                  
                  
                  
                               _________ 
                                   
                    U.S. GOVERNMENT PUBLISHING OFFICE
 79-010                     WASHINGTON : 2018      
                  
                  
                  
                  
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, 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
           
           
           
           

                                                       Calendar No. 407
                                                       
115th Congress   }                                         {    Report
                                 SENATE
 2nd Session     }                                         {   115-243

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



 
      FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2017

                                _______
                                

                  May 9, 2018.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                           SUPPLEMENTAL VIEWS

                         [To accompany S. 1405]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1405) to amend title 49, United 
States Code, to authorize appropriations for the Federal 
Aviation Administration, 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. 1405, 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 (ATC) 
operations, aviation safety, airline consumer protections, 
unmanned aircraft systems (UAS), aircraft certification, and 
small community air service.

                          Background and Needs

    Civil aviation is a critical sector within the U.S. 
economy; one that helps transport passengers and cargo and 
includes a vast network of air carriers, airports, and 
manufacturers. According to the FAA, in fiscal year (FY) 2014, 
the aviation industry supported over 10.6 million American 
jobs, contributed $1.6 trillion in total economic activity, and 
accounted for 5.1 percent of U.S. gross domestic product.\1\ 
The aviation community encompasses several different sectors, 
including commercial aviation, airports, general aviation (GA), 
and manufacturing. The success of these sectors is dependent 
upon the following: a safe, efficient, and modern ATC system; a 
well-maintained airport network; an innovative and robust 
manufacturing sector; and efficient and effective regulatory 
processes.
    To ensure a single standard of safety for U.S. civil 
aviation, the FAA has sole authority for safety oversight of 
the National Airspace System (NAS). To allow the free flow of 
air commerce across State lines and ensure the fairness of the 
NAS, the Department of Transportation (DOT), Office of the 
Secretary has sole economic authority over the aviation system.
    The United States has nearly 20,000 airports that provide 
important services to the aviation community and the Nation's 
economy. Of those, the FAA has identified 3,340 public-use 
airports (3,332 existing and 8 proposed) that are important to 
the national air transportation system, and the FAA estimates a 
need for approximately $32.5 billion in projects at these 
airports that are eligible for Federal funds between FY 2017 
and FY 2021.\2\

                            AVIATION FUNDING

    The FAA's total enacted budget for FY 2017 is roughly $16.4 
billion. Within that budget are four different accounts: 
Operations and Maintenance ($10.03 billion);\3\ Facilities and 
Equipment ($2.86 billion);\4\ Research, Engineering, and 
Development ($177 million);\5\ and Grants-In-Aid for Airports 
($3.35 billion).\6\ 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 the following excise taxes paid by 
users of the NAS:\7\

           7.5 percent passenger ticket tax.
           $4.10 passenger flight segment fee.\8\
           6.25 percent freight waybill tax.
           $18.00 international departure and arrival 
        taxes.
           $9.00 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 4.1 cents/gallon Fractional Ownership 
                Surtax on GA jet fuel.

    According to the FAA, these taxes raised about $14.4 
billion in FY 2016, including the following amounts:

           $9.9 billion from the passenger ticket 
        taxes.
           $3.4 billion from the international 
        departure and arrival taxes.
           $476 million from the freight waybill tax.
           $406 million from the commercial aviation 
        fuel taxes.
           $217 million from GA fuel taxes.

    The Trust Fund continues to earn interest on its cash 
balance; interest contributed roughly $267 million in FY 2016.

                      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.

Passenger Facility Charges

    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 Treasury. They would 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. PFCs also can 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 law authorizing PFCs 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 the two segments of a one-way trip, 
effectively capping total PFCs at $18 for any round trip. 
Currently, 354 airports are approved by the FAA to collect such 
revenues for specific projects, and in calendar year (CY) 2016, 
$3.16 billion was collected.\9\

    FAA SAFETY CERTIFICATION, MANAGEMENT, AND ORGANIZATIONAL ISSUES

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 FAA 
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 FAA further 
conducts inspections, surveillance, investigations, and 
enforcement actions, and manages the system for registration of 
civil aircraft and all airmen records.
    In recent years, 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 also are 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 
multibillion-dollar initiative initially slated to be completed 
by 2025 to transition the Nation's airspace from a 1950s radar-
based system to satellite-based navigation and aircraft 
tracking. 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 Automatic Dependent 
Surveillance-Broadcast (ADS-B); Data Communications (Data 
Comm); En Route Automation Modernization; Terminal Automation 
Modernization and Replacement; NAS Voice System; and System 
Wide Information Management (SWIM).\10\ These programs, along 
with other NextGen programs, would 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 closer together by virtue of improved ATC 
surveillance technology.
    However, as with previous ATC modernization efforts, 
concerns have been raised regarding FAA's implementation of 
NextGen technology and procedures. In May 2017, the DOT 
Inspector General (DOT IG) testified:

    Major projects, including some critical to NextGen, have 
experienced cost increases and schedule slips. Our work 
continues to find that several systemic issues underlie FAA's 
problems in delivering new technologies on time and within 
budget. These include overambitious plans, unreliable cost and 
schedule estimates, unstable requirements, software development 
problems, poorly defined benefits, and ineffective contract and 
program management.\11\

    In addition, the DOT IG noted, with regard to NextGen, that 
although the ``FAA has made progress working with industry in 
identifying and advancing investment priorities, such as new 
routes based on performance-based navigation ... several risks 
remain to be addressed in delivering these identified 
priorities and achieving expected benefits.''\12\
    Recently, there have been proposals to move the Air Traffic 
Organization outside of the FAA. On June 22, 2017, Chairman 
Bill Shuster (R-PA) of the Transportation and Infrastructure 
(T&I) Committee of the House of Representatives introduced his 
FAA reauthorization proposal, H.R. 2997, the 21st Century 
Aviation Innovation, Reform, and Reauthorization Act, which 
would create a not-for-profit, non-governmental corporation to 
handle day-to-day ATC in the United States.
    The T&I Committee of the House of Representatives marked up 
and reported out H.R. 2997 by a vote of 32-25. In addition, the 
Administration's budget for FY 2018 also proposes shifting the 
ATC functions of the FAA to a non-profit, non-governmental 
entity at the start of FY 2021. The Commerce, Science, and 
Transportation Committee of the Senate held a hearing in which 
this proposal was the main topic, and though such a 
transformational initiative was not included in the Committee 
reported bill, debate on ATC reform is expected to continue.

Unmanned Aircraft Systems

    UAS can be operated by remote or ground control stations 
and vary greatly in size, with 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 UAS 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. 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. Given their size and unique characteristics, 
safety standards requirements for small unmanned aircraft in 
the NAS may be considered differently from other aircraft. On 
June 21, 2016, the FAA finalized a long-awaited new rule for 
small UAS, which has allowed for widespread commercial usage. 
However, UAS stakeholders still want to be able to fly these 
aircraft over people, beyond visual line of sight, and at night 
on a routine basis.
    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 by the 
Secretary of Transportation (Secretary) within the Office of 
the Secretary.

Essential Air Service

    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 
Essential Air Service (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.
    EAS has been funded at the following levels in the past two 
FYs: $283 million in FY 2016; and $263 million in FY 2017. The 
majority of funding has derived from discretionary 
appropriations (e.g., $175 million in FY 2016 and $150 million 
in FY 2017) 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). The FAA Extension, Safety, and 
Security Act of 2016 (FESSA; P.L. 114-190) authorized $175 
million but the FY 2017 omnibus (P.L. 115-31) appropriated $150 
million.

Small Community Air Service Development Program

    The Small Community Air Service Development Program 
(SCASDP) is a relatively small grant program. Established in 
2000, it 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 CY 1997 data), the 
service is insufficient, and the airfares to the community are 
unreasonably high. FESSA authorized SCASDP funding of $6 
million per year for FY 2016 and FY 2017; however, $10 million 
was appropriated (off the top of the AIP account) for FY 2017 
(P.L. 115-31), which is consistent with the Senate-passed FAA 
bill last Congress.

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 the DOT's authority to require air carriers in interstate 
transportation to provide ``safe and adequate service'' (49 
U.S.C. 41702). In specific cases, the 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) mandates protections, enforced by the DOT, for passengers 
with disabilities at airports and on airlines.
    In the last several years, however, 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.
    In addition, DOT initiated a rulemaking proceeding in 
January 2017 to implement section 2305 of the FAA Extension, 
Safety, and Security Act of 2016, which generally requires 
automated refunds for any baggage fees when checked luggage is 
not delivered within 12 hours after the arrival of a domestic 
flight or 15 hours after the arrival of an international 
flight.
---------------------------------------------------------------------------
    \1\Federal Aviation Administration (FAA), The Economic Impact of 
Civil Aviation on U.S. Economy, November 2016, p. 5, at https://
www.faa.gov/air_traffic/publications/media/2016-
economic-impact-report_final.pdf.
    \2\FAA, National Plan of Integrated Airport Systems (NPIAS) 2017-
2021, at https://www.faa.gov/airports/planning_capacity/npias/reports/
media/NPIAS-Report-2017-2021-
Narrative.pdf.
    \3\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.
    \4\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.
    \5\The Research, Engineering, and Development (RE&D) account 
finances research on improving aviation safety and operational 
efficiency and reducing environmental impacts of aviation operations.
    \6\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.
    \7\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.
    \8\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.
    \9\FAA, Key Passenger Facility Charge Statistics as of June 30, 
2017.
    \10\FAA, ``NextGen Implementation Plan 2016,'' on June 2016.
    \11\Written testimony of Inspector General, U.S. Department of 
Transportation, Calvin L. Scovel III, in U.S. Congress, House Committee 
on Transportation and Infrastructure, ``The Need to Reform FAA and Air 
Traffic Control to Build a 21st Century Aviation System for America,'' 
May 17, 2017.
    \12\Ibid.
---------------------------------------------------------------------------

                         Summary of Provisions


                       UNMANNED AIRCRAFT SYSTEMS

    If enacted the bill would do the following:

           Direct the FAA to charter an aviation 
        rulemaking advisory committee to recommend consensus 
        safety standards for UAS, to be accepted by the FAA, to 
        enhance the safety features built into drones and 
        parameters for operators.
           Enhance privacy by 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.
           Promote safety by requiring UAS users to 
        pass an FAA-approved online aeronautical safety test 
        before flying. This would ensure users understand the 
        NAS and avoid manned aircraft. Operators of UAS 
        weighing less than 0.55 pounds could be exempted from 
        the testing requirement.
           Authorize the establishment of an airspace 
        hazard mitigation program to intercept drones near 
        airports.
           Foster innovation by authorizing expanded 
        case-by-case exemptions for beyond visual-line-of 
        sight, nighttime operations, and operations over 
        people, as well as for research and development and 
        commercial purposes.
           Improve UAS test sites, first authorized in 
        2012, by establishing long-term authorization, more 
        clearly directing research priorities, improving 
        coordination with the FAA, and enhancing protections 
        for proprietary information to encourage engagement 
        with the private sector.
           Require 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 pounds or 
        less.
           Streamline the approval process for the safe 
        operation of UAS at institutions of higher education.

                CONSUMER PROTECTION AND AVIATION ACCESS

    If enacted the bill would do the following:

           Reauthorize the DOT's Advisory Committee for 
        Aviation Consumer Protection (ACP).
           Direct the DOT to review circumstances that 
        may impact travelers to and from small communities, 
        including canceled flights and involuntary changes to 
        itineraries.
           Maintain support for small community air 
        service through the reauthorization of the EAS Program 
        and the SCASDP.
           Direct a DOT rulemaking to standardize the 
        disclosure of ancillary fees to passengers, and provide 
        automatic refunds for services paid for, but not 
        received.
           Strengthen consumer complaint information 
        notification at airlines and improve DOT online 
        communication tools for the traveling public.
           Direct the DOT to establish an Aviation 
        Consumer Advocate position.
           Take steps to improve air travel for persons 
        with disabilities by creating an ongoing advisory 
        committee and requiring the DOT to develop a document 
        using plain language to describe the basic Federal 
        protections for air travelers with disabilities
           Direct the DOT to study the minimum seat 
        pitch for passenger airlines as it relates to the 
        safety of passengers.
           Adopt reforms to boarding procedures to 
        prevent denied boarding after passengers have boarded, 
        except in limited circumstances, and improve 
        passengers' access to appropriate compensation in 
        oversale situations.
           Require the DOT to issue regulations on 
        certain ancillary fees.

                      AIRLINE SAFETY IMPROVEMENTS

    If enacted the bill would do the following:

           Direct the DOT to implement internationally-
        approved safety standards on bulk transport of lithium 
        batteries and review existing regulations and potential 
        improvements to battery safety.
           Improve a voluntarily safety reporting 
        program for pilots.
           Improve preparedness for communicable 
        disease outbreaks, following through on Government 
        Accountability Office (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.
           Direct the FAA to review airline cabin 
        evacuation procedures used during emergencies.

                     AIRCRAFT CERTIFICATION REFORM

    If enacted the bill would do the following:

           Streamline 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.
           Require 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.
           Maintain the quality of the FAA safety 
        workforce by requiring FAA to review and revise its 
        safety workforce training strategy to ensure it meets 
        specific criteria, including fostering an inspector and 
        engineer workforce with the necessary skills and 
        training and seeking knowledge-sharing opportunities 
        between the FAA and aviation industry.

                GENERAL AVIATION SAFETY AND PROTECTIONS

    If enacted the bill would do the following:

           Reform the appeals process, including de 
        novo review, for pilots facing FAA enforcement 
        (Fairness for Pilots Act; S. 755).
           Require the FAA to clearly identify 
        alternatives to traditional aviation gasoline and adopt 
        an expedited process to ensure the safety of 
        modifications to existing aircraft prior to a 
        transition to unleaded aviation fuel.
           Require the FAA to implement a risk-based 
        policy that expedites the installation of safety 
        enhancing technologies for small GA aircraft.

                    ATC, NEXTGEN, AND FAA MANAGEMENT

    If enacted the bill would do the following:

           Reduce barriers to the contract tower 
        program through reforms to the FAA's cost-benefit 
        analysis.
           Follow-through on recommendations made by 
        the DOT IG and GAO to improve the FAA's performance on 
        NextGen implementation, including recommendations to 
        improve NextGen transition management, mitigate risks 
        to NextGen interoperability with foreign countries, and 
        assess NextGen acquisitions.
           Require the FAA to continue to monitor and 
        update contingency plans to better address potential 
        air traffic facility outages.
           Implement National Research Council 
        recommendations directing the FAA to incorporate human 
        factors throughout the development and rollout of 
        NextGen programs, and attracting an even more qualified 
        workforce to manage these programs.
           Require 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 would have a 
        positive return on investment for aviation users and 
        the Government.

                   INFRASTRUCTURE/AIRPORT INVESTMENT

    If enacted the bill would do the following:

           Support job creation and improves safety 
        with increased infrastructure investment by authorizing 
        funding for the AIP at $3.75 billion, a $400 million 
        increase, beginning in FY 2019.
           Streamline the PFC application process to 
        eliminate unnecessary paperwork.
           Reform the airport grant program for GA 
        airports to ensure more funds are available for such 
        airports, especially those that may support disaster 
        relief efforts.
           Require a qualified organization to conduct 
        a study and make recommendations on upgrading airport 
        infrastructure.

                          Legislative History

    Chairman Thune introduced S. 1405, the FAA Reauthorization 
Act of 2017, on June 22, 2017. Ranking Member Nelson, 
Subcommittee Chairman Blunt, and Subcommittee Ranking Member 
Cantwell are original cosponsors.
    The Committee held the following five hearings examining 
key issues addressed in the bill:

           Unmanned Aircraft Systems: Innovation, 
        Integration, Successes, and Challenges (March 15, 
        2017).
           FAA Reauthorization: Perspectives on 
        Improving Airport Infrastructure and Aviation 
        Manufacturing (March 23, 2017).
           FAA Reauthorization: Perspectives on Rural 
        Air Service and the General Aviation Community (April 
        6, 2017).
           Questions, Answers, and Perspectives on the 
        Current State of Airline Travel (May 4, 2017).
           FAA Reauthorization: Administration 
        Perspectives (June 7, 2017).

    On June 29, 2017, the Committee met in open Executive 
Session and, by voice vote, ordered the bill to be reported 
favorably with an amendment (in the nature of a substitute).
    Senators Thune, Nelson, Blunt, and Cantwell offered an 
amendment (in the nature of a substitute) which was adopted by 
voice vote and served as the base text for further amendments. 
The Committee then adopted 56 amendments (en bloc) by voice 
vote.
    Two first degree amendments and a second amendment also 
were considered. Senator Thune offered a first degree amendment 
to allow prospective pilots to receive credit toward FAA flight 
hour requirements by taking structured and disciplined training 
courses if the FAA determines completion of those courses would 
enhance safety more than simply accruing 1,500 hours of flight 
time. Senator Duckworth offered a second degree amendment that 
would replace the text of Senator Thune's first degree 
amendment with a sense of Congress regarding the current 
airline pilot qualification rules. The second degree amendment 
was defeated on a roll call vote of 13 to 14. Senator Thune's 
first degree amendment was then adopted by voice vote. Senator 
Fischer offered an amendment related to deregulation of 
trucking that was adopted by voice vote.

Related Legislation

    After a series of hearings on FAA reauthorization and ATC 
reform, Chairman Shuster of the T&I Committee of the House of 
Representatives introduced H.R. 2997, the 21st Century Aviation 
Innovation, Reform, and Reauthorization Act, to reauthorize 
Federal aviation programs and for other purposes, on June 22, 
2017. That committee marked up and reported out the bill by a 
vote of 32-25. 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. 1405--Federal Aviation Administration Reauthorization Act of 2017

    Summary: S. 1405 would authorize appropriations, through 
2021, 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).
    CBO estimates that implementing S. 1405 would cost $68.8 
billion over the 2017-2027 period, assuming appropriation of 
the authorized and estimated amounts. Enacting the bill would 
increase both direct spending and revenues; however, CBO 
estimates that those increases would be insignificant. Because 
the bill would affect direct spending and revenues, pay-as-you-
go procedures apply.
    CBO estimates that enacting S. 1405 would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    S. 1405 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
but CBO estimates that the cost of the mandates on public 
entities would fall below the annual threshold established in 
UMRA for intergovernmental mandates ($78 million in 2017, 
adjusted annually for inflation). CBO estimates that the 
aggregate cost of the mandates on private entities would exceed 
the annual threshold established in UMRA for private-sector 
mandates ($156 million in 2017, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 1405 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, in millions of dollars--
                                          --------------------------------------------------------------------------------------------------------------
                                            2017    2018     2019     2020     2021    2022    2023    2024    2025   2026   2027   2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
FAA Operations:
    Authorization Level..................      0   10,123   10,233   10,341   10,453       0       0       0      0      0       0    41,150     41,150
    Estimated Outlays....................      0    9,009    9,917   10.225   10,436   1,145     312     105      0      0       0    40,733     41,150
Air Navigation Facilities and Equipment:
    Authorization Level..................      0    2,877    2,889    2,906    2,921       0       0       0      0      0       0    11,593     11,593
    Estimated Outlays....................      0    1,295    1,962    2,404    2,675   1,512     930     495    233    880   9,847    11,593
Airport Improvement Program:a
    Authorization Level..................      0        0        0        0        0       0       0       0      0      0       0         0          0
    Estimated Outlays....................      0      637    2,120    3,025    3,448   2,976   1,459     638    263     38       0    12,204     14,600
Research, Engineering, and Development:
    Authorization Level..................      0      175      175      175      175       0       0       0      0      0       0       700        700
    Estimated Outlays....................      0      156      170      173      175      19       5       2      0      0       0       693        700
Essential Air Service:
    Authorization Level..................      0      175      175      175      175       0       0       0      0      0       0       700        700
    Estimated Outlays....................      0      105      158      175      175      70      18       0      0      0       0       683        700
Other Activities:
    Estimated Authorization Level........      0       23       23       23       23       0       0       0      0      0       0        92         92
    Estimated Outlays....................      0       14       21       23       23      92       0       0      0      0      90        92         92
    Total Changes:
    Estimated Authorization Level........      0   13,373   13,495   13,620   13,747       0       0       0      0      0       0    54,235     54,235
    Estimated Outlays....................      0   11,215   14,347   16,024   16,932   5,731   2,726   1,239    496    125       0    64,249     68,835
 
                                                              INCREASES IN DIRECT SPENDING
 
Airport Improvement Program:a
    Budget Authority.....................  .....      400      400      400      400     400     400     400    400    400     400     1,600      3,600
    Estimated Outlays....................      0        0        0        0        0       0       0       0      0      0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
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

    Basis of estimate: For this estimate CBO assumes that S. 
1405 will be enacted near the end of 2017 and that 
appropriations will be provided as specified by the bill. 
Estimated outlays are based on historical spending patterns for 
the FAA and related activities.

Spending subject to appropriation

    S. 1405 would authorize appropriations for FAA programs and 
related activities totaling $54.2 billion over the 2018-2021 
period. The bill also would provide contract authority (a 
mandatory form of budget authority) for the AIP. Assuming 
appropriation of amounts specifically authorized and estimated 
to be necessary (including outlays from the obligation 
limitations for AIP that are consistent with levels of contract 
authority under the bill), CBO estimates that discretionary 
spending would total $57.3 billion over the next 10 years.
    FAA Operations. S. 1405 would authorize the appropriation 
of $10.1 billion in 2018 and $41.2 billion over the 2018-2022 
period 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 2017 totals $9.6 billion.) CBO estimates 
that the resulting outlays would total $41.2 billion over the 
next 10 years.
    Air Navigation Facilities and Equipment. S. 1405 would 
authorize the appropriation of $2.9 billion in 2018 and $11.6 
billion over the 2018-2021 period for programs to maintain and 
modernize infrastructure and systems for communication, 
navigation, and surveillance related to air travel. (Funding 
for those activities in 2017 totals about $2.9 billion.) CBO 
estimates that the resulting outlays would total $11.6 billion 
over the next 10 years.
    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 
are subject to limits specified in annual appropriation acts 
and are therefore considered discretionary. (See the discussion 
of AIP under the heading ``Direct Spending'' for more details 
on the budgetary treatment of the program.)
    S. 1405 would provide $3.35 billion in contract authority 
for the AIP in 2018 (the same amount provided for 2017) and 
$3.75 billion for each of fiscal years 2019 through 2021. 
Assuming that the obligation limitations on AIP spending, as 
set forth in annual appropriation acts, are equal to the 
amounts of contract authority provided for those years, CBO 
estimates that discretionary outlays would total $14.6 billion 
over the 2018-2027 period.
    Research, Engineering, and Development. S. 1405 would 
authorize the appropriation of $175 million in 2018 and $700 
million over the 2018-2021 period 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 
2017 totals $177 million.) CBO estimates that the resulting 
outlays would total $700 million over the 2018-2027 period.
    Essential Air Service. S. 1405 would authorize the 
appropriation of $175 million in 2018 and $700 million over the 
2018-2021 period 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. 
(Discretionary funding for such payments in 2017 totals $150 
million.) CBO estimates that the resulting outlays would total 
$700 million over the 2018-2027 period.
    Other Activities. CBO estimates that implementing other 
provisions of S. 1405 would cost $92 million over the 2018-2027 
period. That amount includes:
           $40 million specifically authorized for 
        grants to help small communities enhance air service;
           $24 million specifically authorized for the 
        FAA to develop technologies to mitigate the risk that 
        unmanned aircraft systems pose to airports and 
        infrastructure related to air navigation;
           $20 million specifically authorized for the 
        FAA to enforce safety-related requirements on operators 
        of unmanned aircraft systems;
           $4 million specifically authorized for 
        efforts to raise awareness of safety issues related to 
        operating unmanned aircraft systems;
           $2 million specifically authorized for 
        applied research related to advanced materials used in 
        aircraft; and
           $2 million in estimated authorizations for 
        DOT and the Government Accountability Office (GAO) to 
        complete a variety of administrative activities, 
        studies, and reports.
    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 has broad general 
authority to collect and spend fees for a variety of such 
activities, which are credited as offsetting collections 
(reductions to discretionary spending) 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. 1405 would be 
small, and that resulting changes in net federal spending would 
be negligible in any given year.

Direct spending and revenues

    S. 1405 would provide contract authority for the Airport 
Improvement Program (AIP) through fiscal year 2021. The FAA 
Extension, Safety and Security Act of 2016 provided the FAA 
with $3.35 billion in contract authority through September 30, 
2017. 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 2018-2027 
period will remain at the 2017 level of $3.35 billion per year.
    S. 1405 would provide $3.75 billion for each of fiscal 
years 2018 through 2021--$400 million more than the amount 
currently projected for each of those years. Consistent with 
the law for projecting contract authority, we assume that, 
under S. 1405, contract authority for AIP would continue to be 
provided after 2021 and would remain at the higher level of 
$3.75 billion a year. Under that assumption, CB0 estimates that 
contract authority under S. 1405 would exceed the levels of 
contract authority already projected in the CBO baseline by 
$3.6 billion over the 2018-2027 period. (Because spending from 
contract authority is controlled by obligation limitations 
specified in annual appropriation acts, outlays from the AIP 
are considered discretionary.)
    Finally, S. 1405 would establish new civil and criminal 
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. Because 
any criminal penalties collected under the bill could be spent, 
without further appropriation, for programs to benefit victims 
of crimes, enacting the bill also could increase direct 
spending. Based on an analysis of information from the FAA 
about the limited number of cases likely to be involved, 
however, CBO estimates that any increases in revenues and 
direct spending under S. 1405 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. CBO estimates that any net changes in direct spending 
outlays and revenues under S. 1405 would be insignificant in 
any year.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: S. 1405 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 ($78 million in 2016, adjusted annually for 
inflation). Based on analyses of information from the 
Department of Transportation and industry experts, CBO 
estimates that the aggregate cost of the mandates on private 
entities would exceed the annual threshold established in UMRA 
for private-sector mandates ($156 million in 2017, 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 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 ambulance services to report additional 
information to the FAA. CBO expects that the cost of 
maintaining records and reporting information would be small.

Other effects on public entities

    The bill would benefit public airports by authorizing funds 
for airport improvement programs and by allowing more airports 
to charge passenger facility fees that support airport 
improvement projects. Any costs those entities incur to meet 
grant requirements would result from complying with conditions 
of federal assistance.

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 operators of hot air 
balloons.

Requirements on air carriers

    The bill would prohibit an air carrier from imposing fees--
such as check baggage fees and change or cancellation fees--
that are unreasonable or disproportional to the costs incurred 
by the carrier, as determined by the Secretary of 
Transportation. According to data from the Department of 
Transportation, airlines collected more than $7 billion in 2016 
from baggage fees and change fees. A small reduction in those 
fees less than 2 percent would result in a loss in revenues of 
more than $100 million annually. Although actual costs 
(measured as a loss in income) would depend on future 
regulations, CBO estimates that the cost of the mandate would 
be substantial.
    The bill would impose several additional mandates on air 
carriers, which CBO estimates would not impose substantial 
costs. Specifically, the bill would require that air carriers:
           Establish training for employees and rest 
        requirements for flights attendants;
           Prepare a fatigue risk management plan for 
        flight attendants and an employee assault prevention 
        and response plan;
           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;
           Comply with prohibitions on involuntary 
        deplaning of passengers
           Assist pregnant customers and customers with 
        disabilities, as directed in regulatory revisions;
           Provide information to customers about the 
        rights of passengers with disabilities and policies 
        concerning oversold flights;
           Ensure that medical kits contain supplies 
        for treating children in emergencies, if determined to 
        be appropriate by the FAA;
           Report more information related to accidents 
        to the FAA.
    The bill also would direct the 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. Based on a study from GAO, CBO estimates that the 
cost of the mandate could total tens of millions of dollars.

Requirements on unmanned aircraft systems

    The bill also would require some unmanned aircraft systems 
offered for sale to comply with safety standards to be adopted 
by the FAA or an alternative approval process. That requirement 
would impose a mandate on manufacturers of unmanned aircraft 
systems.
    Based on information from the FAA, CBO estimates that the 
mandate could apply to about 350,000 unmanned aircraft systems 
annually. The total cost of the mandate on manufacturers would 
depend on the nature and scope of the standards to be issued by 
the FAA, but could be substantial considering the number of 
units affected by the mandate. Additionally, the bill would 
direct manufacturers of unmanned aircraft systems to provide a 
statement of compliance and other information if requested by 
the FAA. CBO estimates that the cost per manufacturer to 
provide such statements would be small.
    The bill also would establish a test on aeronautical 
knowledge and safety for operators of some unmanned aircraft 
systems and restore a requirement for some operators of 
unmanned aircraft systems for recreational purposes to register 
with the FAA. CBO expects that the cost to complete a test and 
to register with the FAA would be small.

Mandates on other entities

    Manufacturers of Aircraft. The bill would require 
manufacturers to install a secondary cockpit barrier on new 
aircraft for passenger air carriers in the United States. Some 
industry experts indicate that the cost of secondary barriers 
could range from $5,000 to $12,000. Based on information from 
industry sources, CBO estimates that the cost of installing 
such barriers would total no more than $15 million annually.
    Ticket Agents. The bill would impose a mandate on ticket 
agents with annual revenues of $100 million or more by 
requiring them to meet minimum customer service standards that 
would be established in future regulations. The bill would 
direct the Secretary to consider, at a minimum, establishing 
standards consistent with all customer service and disclosure 
requirements applicable to air carriers. Based on information 
from a regulatory analysis conducted by the FAA of a similar 
rule to adopt minimum customer service standards, CBO estimates 
that the cost of the mandate would total less than $1 million 
annually.
    Operators of Hot Air Balloons. The bill would require 
operators of hot air balloons to obtain a medical certificate. 
Based on information from industry sources, CBO estimates that 
each certificate would cost operators about $200 and that the 
total cost of the mandate would equal less than $1 million 
annually.
    Operators of General Aviation Aircraft. 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 incremental cost to comply with the 
mandate would be small.
    Previous CBO estimates: On July 11, 2017, CBO transmitted a 
cost estimate for H.R. 2997, the 21st Century Aviation 
Innovation, Reform, and Reauthorization Act, as ordered 
reported by the House Committee on Transportation and 
Infrastructure on June 27, 2017. Both bills would authorize 
appropriations for activities of the FAA. Differences in our 
estimates of spending subject to appropriation reflect 
differences in the periods of time covered by each bill and the 
scope of activities authorized.
    Estimate prepared by: Federal Costs: Megan Carroll; 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. 1405 would affect a wide range of persons, most of which 
are already regulated in one form or another by the DOT and 
FAA, such as airlines, airports, manufacturers of aircraft and 
their components, pilots, flight attendants, UAS manufacturers 
and operators, and public agencies.

                            ECONOMIC IMPACT

    S. 1405 would stimulate economic activity through 
authorizing funds for the FAA's programs, and updating policies 
to foster growth. These programs would 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 foster 
innovation in an environment conducive to economic opportunity. 
Certain sections of the bill are intended to address 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 by reducing regulatory burden and 
further strengthening access to foreign markets.
    Provisions of the bill related to UAS would continue to 
carefully 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 UAS can be used 
are likely to have a positive impact on the U.S. economy on the 
order of billions of dollars and thousands of new jobs created 
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 reducing 
negative environmental impacts.
    Subtitle F of title II of the bill 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 that 
would be amended by 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. 1405 would have a beneficial impact on the personal 
privacy of U.S. citizens. As UAS have 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 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 significant 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, the FAA, the GAO, the DOT IG, the National 
Telecommunications and Information Administration, the Federal 
Communications Commission (FCC), the National Oceanic and 
Atmospheric Administration (NOAA), a FAA-established expert 
review panel, a FAA-established task force, the Architectural 
and Transportation Barriers Compliance Board, and two advisory 
committees established in this bill (one on airspace management 
and one on disabled travelers) would be required to prepare a 
variety of reports and studies for Congress. These reports 
would provide the legislative branch and public with critical 
information, assessments, reviews, and recommendations that 
would 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 provide comments.
    In order to ensure the safety of the NAS, manufacturers of 
small UAS would encounter paperwork in complying with any new 
consensus safety standards.

                   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 that this Act may be cited as 
the ``Federal Aviation Administration Reauthorization Act of 
2017.'' This section also would 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 would 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 2018 through FY 2021. In FY 2018, the level would be $3.35 
billion. FYs 2019-2021 would see a rise to $3.75 billion, a 
$400 million (or 12 percent) increase. This increase is within 
the surplus of the Trust Fund.

Section 1002. Air navigation facilities and equipment.

    This section would provide authorizations of appropriations 
for the FAA's Facilities and Equipment account of 
$2,877,365,122 for FY 2018; $2,889,379,240 for FY 2019; 
$2,906,007,932 for FY 2020; and $2,921,493,286 for FY 2021.

Section 1003. FAA operations.

    This section would provide authorizations of appropriations 
for the FAA's Operations account of $10,123,257,311 for FY 
2018; $10,233,107,832 for FY 2019; $10,341,034,956 for FY 2020; 
and $10,453,299,174 for FY 2021.

Section 1004. FAA research and development.

    This section would provide authorization of appropriations 
for the FAA's Research and Development account of $175,000,000 
for each of the FYs 2018-2021.

Section 1005. Funding for aviation programs.

    This section would extend the formula that determines the 
amount made available from the Trust Fund each FY 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; 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 the term of the 
bill, to apportion, for up to 3 years, AIP entitlement funds to 
certain small airports based on the number of passenger 
boardings during CY 2012 if the airport had scheduled air 
service and meets certain requirements. It also would provide 
an annual entitlement of $600,000 for each airport with annual 
passenger boardings between 8,000 and 10,000.

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 CY 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 would 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 also would 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 calculation 
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. This section also would 
allow FAA-certified remote towers to be eligible for the 
contract tower program.

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 Contract Tower Program from new 
entrants, as well as cost share participants seeking full 
Federal participation based on their eligibility under existing 
criteria, if the FAA has not implemented a revised cost-benefit 
methodology for determining eligibility for program 30 days 
after the date of enactment of this Act. The section would 
apply to each airport 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 FAA has been 
developing new 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 evaluation agenda for the pilot 
program and airports would have to submit competing proposals 
to the FAA outlining how they would further the FAA's 
evaluation 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 ATC tower. If the FAA certifies such systems, they 
would become eligible for AIP funding.

Section 1207. Midway island airport.

    This section would extend the authorization for Midway 
Island's airport to receive AIP funds through FY 2021.

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 to the 
extent 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 so that it would 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 a grant to each airport that has completed the assessment 
to acquire or construct equipment that would increase the 
airport's energy efficiency. This amendment would require the 
FAA to reimburse an airport sponsor for the costs it incurred 
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 an airport preparing a master plan project must include 
recycling plans in that project. The section also would 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 would need to be purchased with the assistance of an AIP 
grant and the FAA would need to determine 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 would be 
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 would 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) requires the FAA to 
make noise exposure and land use information from noise 
exposure maps 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 prohibit the FAA from requiring an 
airport owner or sponsor to provide the FAA, without cost, any 
equipment or space for services related to ATC, air navigation, 
or weather reporting.

Section 1219. Moratorium on changes to the Contract Weather Observer 
        Program.

    This section would extend the current moratorium on the 
FAA's ability to discontinue the Contract Weather Observer 
Program at any airport.

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 
would be required to 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 the law to ensure clarity in statutory aviation 
provisions.

Section 1222. Mothers' rooms at airports.

    This section would allow the FAA to approve AIP 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 FAA to approve 
projects for terminal development for the construction or 
installation of a lactation area at a commercial service 
airport.

Section 1223. Definition of small business concern.

    This section would amend section 47113 of title 49, United 
States Code, to clarify that ``small business concern'' has the 
meaning given in section 3 of the Small Business Act (15 U.S.C. 
632) and that in the case of a concern in the construction 
industry, a concern would be considered a small business 
concern if the concern meets a specific size standard.

Section 1224. State standards for airport pavements.

    This provision would direct the FAA, upon request by a 
State, to promptly provide technical assistance to the State to 
achieve prompt development of a State standard for pavements on 
nonprimary public-use airports that would be acceptable to the 
Secretary. Such technical assistance also would indicate what 
would be acceptable to the FAA considering local conditions and 
locally available materials, factors recognized by the FAA as 
relevant to such State standards.

Section 1225. Eligibility of CCTV projects for airport improvement 
        program.

    This section would authorize the FAA to approve the 
installation of security cameras in the public area of the 
interior and exterior of the terminal as a terminal development 
project eligible for AIP funding.

Section 1226. Clarification of reimbursable allowed costs of FAA 
        memoranda of agreement.

    This section would authorize the FAA to provide AIP grants 
to an airport operator of a congested airport and a unit of 
local government to carry out a project to mitigate noise if 
the project meets certain criteria.

Section 1227. Limited regulation of non-federally sponsored property.

    This section would, except in specific situations, prohibit 
the DOT from directly or indirectly regulating the acquisition, 
use, lease, encumbrance, transfer, or disposal of non-federally 
sponsored land by an airport owner or operator, any facility 
upon such land, or any portion of such land or facility.

Section 1228. Pilot program for use of social and economic contracting 
        requirements under Federal Aviation Administration grants.

    This section would direct the DOT to establish a pilot 
program under which a sponsor that receives a grant from the 
FAA to carry out a project may use social or economic 
contracting requirements, such as local labor hiring 
preferences, economic-based labor hiring preferences, or hiring 
preferences for veterans, in entering into contracts to carry 
out that project. This section also would require the pilot 
program to be modeled after another pilot program under which 
recipients of grants from the Federal Highway Administration or 
the Federal Transit Administration may use social or economic 
contracting requirements. This section also would outline 
specific requirements that a sponsor operating under the pilot 
program would have to follow; terminate the pilot program 3 
years after the date of enactment of this Act; and require the 
DOT to submit a report to Congress on the pilot program not 
later than 180 days after its termination.

                     SUBTITLE C--FLIGHT ACT OF 2017

Section 1301. Short title.

    This would provide that this subtitle may be cited as the 
``Forward Looking Investment in General Aviation, Hangars, and 
Tarmacs Act of 2017'' or the ``FLIGHT Act of 2017''.

Section 1302. General aviation airport entitlement reform.

    This section would give nonprimary airports (i.e., GA 
airports) flexibility for the use of their entitlement funds by 
extending the eligibility period for carrying over such annual 
funds from 4 years to 5 years. It also would authorize the 
transfer of unused nonprimary entitlement (NPE) funds to a NPE 
set-aside in the FAA discretionary fund. Further, the section 
would authorize the FAA to reduce the local match for 
nonprimary airport projects that meet certain criteria. Also, 
it would provide $25 million annually for certain types of 
airport development at disaster relief airports designated 
under section 1305.

Section 1303. Extending aviation development streamlining.

    This section would allow GA airport projects to be subject 
to the same expedited and coordinated environmental review 
process available to congested airports.

Section 1304. Establishment of public private-partnership program at 
        general aviation airports.

    This section would direct the FAA to establish a 5-year 
public-private partnership GA airport pilot program and would 
authorize $5 million from the Trust Fund each FY. Each 
participating airport would be able to receive up to $500,000 
to be used solely for the purpose of attracting private sector 
investment for the construction of private hangar, business 
hangar, and facilities investments. This section also would 
encourage airport operators to employ best business practices 
in developing or implementing such agreements.

Section 1305. Disaster relief airports.

    This section would direct the FAA to designate GA airports 
in areas subject to natural disasters as ``Disaster Relief 
Airports''.

Section 1306. Airport development relating to disaster relief.

    This section would amend the statutory definition of 
airport development to include projects for disaster relief at 
GA airports, including planning for disaster preparedness, 
airport communications equipment, and airport infrastructure 
necessary to facilitate disaster response efforts.

Section 1307. Inclusion of covered aircraft construction in definition 
        of aeronautical activity for purposes of airport improvement 
        grants.

    This section would clarify that the construction of a 
covered aircraft should 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.

                 SUBTITLE D--PASSENGER FACILITY CHARGES

Section 1401. PFC streamlining.

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

Section 1402. 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 1403. Future aviation infrastructure and financing study.

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

Section 1404. Airport vehicle emissions.

    This section would allow the FAA to approve the use of PFCs 
to acquire vehicles that produce lower emissions if the airport 
is located in an air quality nonattainment area and other 
criteria are met.

Section 1405. Use of passenger facility charge revenue to enhance 
        security at airports.

    This section would allow an airport to use PFC revenue to 
fund a project for the construction, repair, or improvement of 
facilities, or for the acquisition or installation of 
equipment, if the project is designed to enhance the security 
of any area of the airport directly and substantially related 
to the movement of passengers and baggage in air 
transportation.

                            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 would 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 written privacy policies 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 users. The Committee is mindful 
that certain privacy protections and an enforcement framework 
already exists. Therefore, this section is intended to restate 
existing law and is not intended to expand the FTC's 
jurisdiction.
    The Committee intends that the FTC would find violations of 
this provision in those instances in which it would also find 
an act or practice deceptive under the analysis described in 
the FTC Policy Statement on Deception appended to Cliffdale 
Associates, Inc. (103 F.T.C. 110, 174 (1984)) or unfair as 
provided under section 5(n) of the FTC Act (15 U.S.C. 45(n)) 
(i.e., an act or practice that causes or is likely to cause 
substantial injury to consumers which is not reasonably 
avoidable by consumers themselves and not outweighed by 
countervailing benefits to consumers or to competition).
    Therefore, the Committee does not intend that this 
provision would alter, supersede, or otherwise affect the 
discretion of the FTC to enforce against such acts or 
practices. The FTC would 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.
    The FTC would 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. 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 also would require a 
public aircraft operator to disclose additional information 
about the location, timing, and purpose of flight as well as 
technical capabilities of the aircraft flown.

Section 2105. 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 seven UAS test sites until September 30, 2024. 
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 also would expand opportunities for any public 
entity authorized by the FAA as a UAS flight test center before 
January 1, 2009.

Section 2123. Small unmanned aircraft safety standards.

    This section would direct the FAA to charter an Aviation 
Rulemaking Committee (ARC) to recommend risk-based, consensus 
safety standards for small UAS and a process for the FAA to 
accept such standards, in lieu of the more cumbersome 
certification process used for the approval of other aircraft. 
These standards would ultimately improve safety by determining 
which safety technologies and other capabilities would be built 
into UAS sold in the United States. This section also would 
direct the Center of Excellence for Unmanned Aircraft Systems 
to establish a UAS research facility to study appropriate 
safety standards for UAS and to validate such standards, as 
directed by the FAA.

Section 2124. Small unmanned aircraft in the Arctic.

    This section would codify a provision enacted in section of 
331 the FAA Modernization and Reform Act of 2012 (FMRA; P.L. 
112-95; 49 U.S.C. 40101 note) governing UAS operations in the 
Arctic.

Section 2125. Special authority for certain unmanned aircraft systems.

    This section would reauthorize and expand exemption 
authority, formerly known as ``section 333 exemptions,'' for 
the FAA to authorize certain safe UAS operations in the NAS. 
This section also would make explicit the authority for the FAA 
to approve nighttime operations, beyond-line-of-sight 
operations, and operations over people. As provided under 
section 2154 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 2126. Additional rulemaking authority.

    This section would allow the FAA to conduct risk-based UAS 
integration regulatory efforts (beyond the small UAS rule under 
section 170 of title 14, Code of Federal Regulations). The FAA 
would be directed to conduct a new rulemaking related to micro 
UAS (4.4 lbs. or less), and expected to take into consideration 
advancements in beyond-line-of-sight and other technologies for 
safe integration of UAS.

Section 2127. Governmental unmanned aircraft systems.

    This section would codify existing authority to authorize 
public (i.e., governmental) aircraft operations and would 
require each Federal agency authorized by the Secretary 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 Federal agencies to 
develop policies intended to ensure that Federal agencies only 
collect data for authorized purposes and appropriately limit 
the retention and dissemination of such data.

Section 2128. Special rules for model aircraft.

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

Section 2129. Authority.

    This section would restore the FAA's rules regarding the 
registration of small UAS as they pertain to model aircraft.

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 an operator of aircraft weighing less than 0.55 
pounds or for an operator under the age of 13 who is operating 
the UAS under the supervision of an adult. To maintain safety 
in the national airspace, this section also would require that 
all UAS users demonstrate completion of this aeronautical 
knowledge test.

Section 2131. Treatment of unmanned aircraft operating underground.

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

Section 2132. Enforcement.

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

Section 2133. Airport safety and airspace hazard mitigation and 
        enforcement.

    This section would require the FAA to test UAS hazard 
mitigation systems at public use airports. The FAA also would 
be required to develop a plan for allowing the deployment of 
FAA-approved mitigation technologies or systems. Detection and 
mitigation systems approved by the FAA as a result of the 
testing would be eligible for purchase by airports using AIP 
funds.

Section 2134. Aviation emergency safety public services disruption.

    This section would amend the existing statutory prohibition 
on UAS users from interfering with emergency response efforts 
to include helicopter air ambulance operations as a type of 
such efforts.

Section 2135. 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 2136. 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 1 year after the date of enactment. This section also 
would require the creation of a small UAS air carrier 
certificate for a person that directly undertakes the operation 
of a small UAS to carry property in air transportation and the 
development of a classification system for a person issued a 
small UAS air carrier certificate. 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 2137. 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.

Section 2138. Incorporation of Federal Aviation Administration 
        occupations relating to unmanned aircraft into veterans 
        employment programs of the administration.

    This section would require the FAA, in consultation with 
the Department of Veterans Affairs, the Department of Defense 
(DOD), and the Department of Labor (DOL), to determine whether 
occupations of the FAA relating to UAS technology and 
regulations can be incorporated into the Veterans' Employment 
Program of the FAA.

Section 2139. Report on UAS and chemical aerial application.

    The section would require the FAA to prepare a report 
evaluating which existing aviation safety requirements should 
apply to UAS operations engaged in the aerial spraying of 
chemicals for agricultural purposes.

Section 2140. Part 107 implementation improvements.

    This section would require the FAA to publish samples of 
the FAA's justifications for granting waivers to the rules 
governing operations of small UAS under part 107 of the Code of 
Federal Regulations.

Section 2141. Expansion of part 107 waiver authority.

    This section would direct the FAA to issue a final rule 
revising part 107 of title 14, Code of Federal Regulations, to 
repeal the prohibitions on the issuance of waivers for the 
carriage of property of another by aircraft for compensation or 
hire and to repeal the prohibition on the operation of a small 
unmanned aircraft system from a moving vehicle to transport 
another person's property for compensation or hire. This 
section also would highlight specific factors that would be 
considered by the FAA in determining whether to grant a waiver 
under part 107.

Section 2142. Redesignation.

    This section would codify, without substantive change, 
several provisions related to UAS contained in the FESSA.

Section 2143. Sense of Congress on emergency exemption process.

    This section would state the sense of Congress that the FAA 
should comply as soon as possible, and not later than 60 days 
after the date of enactment of this Act, with the requirement 
in FESSA to publish guidance for an emergency exception 
application process for civil or public operator UAS use in 
response to a catastrophe, disaster, or other emergency 
response operation, such as firefighting, search and rescue, 
and utility and infrastructure restoration operations.

Section 2144. Unmanned aircraft systems in restricted buildings or 
        grounds.

    This section would make it unlawful to knowingly operate a 
UAS with the intent for it to enter or operate within or above 
a restricted building or grounds (as defined section 1752 of 
title 18, United States Code), and to impede or disrupt 
Government business or official functions. It also would 
prescribe penalties for violation of this section.

                        PART III--OTHER MATTERS

Section 2151. Federal and local authorities.

    This section would require the GAO to study the roles and 
responsibilities of the Federal Government and State and local 
authorities with respect to the NAS, particularly as it 
pertains to UAS, and make recommendations.

Section 2152. Spectrum.

    This section would allow UAS, if consistent with 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 any 
operational or other barriers to such usage.

Section 2153. 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, while continuing to allow them to operate as 
permitted under part 107 of title 14, Code of Federal 
Regulations.

Section 2154. Transition language.

    This section would address technical legal issues 
associated with the codification of UAS-related provisions from 
the FMRA.

Section 2155. Community and technical college centers of excellence in 
        small unmanned aircraft system technology training.

    This section would direct the DOT, in consultation with the 
Department of Education and DOL, to establish a process to 
designate consortia of public, 2-year institutions of higher 
education as Community and Technical College Centers of 
Excellence in Small Unmanned Aircraft System Technology 
Training. This section also would outline the specific 
requirements a consortium would have to meet to be designated a 
Center of Excellence under this section, and the required 
functions a designated Center of Excellence would have to 
provide.

Section 2156. Authorization of appropriations for Know Before You Fly 
        campaign.

    This section would authorize $1 million to be appropriated 
to the FAA for the Know Before You Fly educational campaign for 
each of FY 2018 through FY 2021.

Section 2157. Strategy for responding to public safety threats and 
        enforcement utility of unmanned aircraft systems.

    This section would require the FAA to develop a strategy to 
provide outreach to State and local governments and provide 
guidance for local law enforcement agencies with respect to how 
to identify and respond to safety threats posed by UAS and to 
share information about how UAS can be used to aid law 
enforcement. This section also would require the FAA to create 
a publicly available Internet website that contains resources 
for State and local law enforcement agencies and first 
responders seeking to respond to public safety threats posed by 
UAS and opportunities to use them.

                        PART IV--OPERATOR SAFETY

Section 2161. Short title.

    This section would provide that this part may be cited as 
the ``Drone Operator Safety Act.''

Section 2162. Findings; sense of Congress.

    This section would set forth findings and the sense of 
Congress relating to the safe operation of UAS.

Section 2163. Unsafe operation of unmanned aircraft.

    This section would make it a crime to knowingly or 
recklessly operate a UAS near a manned aircraft or too close to 
a runway.

              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. SOCAC would be responsible for 
providing advice to the Secretary 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. SOCAC would sunset on September 30, 
2021.


                 part ii--aircraft certification reform


Section 2221. Aircraft certification performance objectives and 
        metrics.
    This section would direct the FAA, in collaboration with 
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 effective 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 ODA holder, the FAA must require a 
procedures manual that addresses all procedures and limitations 
regarding the ODA's functions and would 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 also would 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 multidisciplinary 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 a milestone is not met within the specific 
timeframe, the relevant milestone 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 of the date of 
enactment, 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.


                   part iii--flight standards reform


Section 2231. Flight standards performance objectives and metrics.
    This section would direct the FAA, in collaboration with 
SOCAC, 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. 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. 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 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 Regulatory Consistency 
Communications Board (Board) to be responsible for recommending 
a process by which FAA personnel and regulated entities may 
submit regulatory interpretation questions without fear of 
retaliation from the FAA. 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.


                       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.


                     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 also would 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. 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 2302. 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 2303. 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 2304. 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 2305. 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 2306. 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 also 
would 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 2307. 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 2308. 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 2309. 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 2310. 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 2311. 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 
also would 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. 
Additionally, this section would require the DOT to submit a 
progress report regarding the award of a requested runway 
safety repair grant (that meets certain existing statutory 
criteria), with a final determination on whether to award a 
requested grant not later than 180 days after the date of 
enactment of this Act. In the case that a requested grant is 
not awarded, or a determination is not made within 180 days, 
the DOT would be required to submit a report outlining the 
steps taken to determine eligibility, factors considered, and 
when the Secretary would determine whether the requested grant 
would be awarded.
Section 2312. 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, which became 
effective on April 16, 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 allowed to review existing rules 
regarding the air transportation, including passenger carrying 
and cargo aircraft, of lithium batteries and cells. This 
section would allow the DOT to issue limited exceptions to the 
restrictions on transportation of lithium ion and lithium metal 
batteries to allow the shipment on a passenger aircraft of 
batteries for medical devices if specific criteria are met.
    This section also would 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. Not later than 1 year after it is established, the 
working group would report to Congress on its research.
Section 2313. 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.
Section 2314. Annual safety incident report.
    This section would require the FAA to submit an annual 
report to Congress describing the FAA's safety oversight 
process, the risk-based oversight methods applied to ensure 
aviation safety, and in the instance of specific reviews of air 
carrier performance to safety regulations, a description of the 
cases where the timelines for recurrent reviews are advanced.
Section 2315. Airline safety enhancement.
    This section would allow prospective airline pilots to 
receive credit toward existing, statutory flight hour 
requirements by taking structured and disciplined training 
courses, if the completion of such training is determined by 
the FAA to enhance safety more than an unstructured 
accumulation of flight hours.
    In light of expert testimony, the Committee believes that 
structured and disciplined training courses would improve the 
quality of airline pilots entering the workforce versus the 
simple accruing of hours. Such training courses would likely 
include, at a minimum, the following: comprehensive screening 
and selection of candidates; enhanced classroom and flight 
training; line familiarization; extended operation experience; 
increased evaluation, assessment, and checking; mentoring; the 
use of systems simulation; and specialized data collection. 
Such core elements would help ensure flight crewmembers 
function at the highest professional standards in a multi-pilot 
air carrier operational environment and strike the appropriate 
balance of training and experience.
Section 2316. Aircraft air quality.
    This section would direct the FAA, in consultation with 
relevant stakeholders, to establish and make available on a 
publicly available Internet website educational materials for 
flight attendants, pilots, aircraft maintenance technicians, 
and airport first responders and emergency response teams on 
how to respond to incidents on board aircraft involving smoke 
or fumes. This section also would require the FAA to issue 
guidance on reporting incidents of smoke or fumes on board an 
aircraft, and would require the FAA to commission a study by 
the Airliner Cabin Environment Research Center of Excellence on 
bleed air in the cabins of commercial aircraft. This section 
also would require the FAA to submit a report to the 
appropriate committees of Congress on the feasibility, 
efficacy, and cost-effectiveness of certification and 
installation of systems to evaluate bleed air quality, and 
would authorize the FAA to conduct a pilot program to evaluate 
the effectiveness of technologies identified in the study 
conducted by the Airliner Cabin Environment Research Center of 
Excellence.
Section 2317. Emergency medical equipment on passenger aircraft.
    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 conducing this evaluation, the FAA would 
consider whether the minimum contents of approved emergency 
medical kits include appropriate medications and equipment to 
meet the emergency medical needs of children.


                  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 also would be required to establish 
a process under which appropriate onsite airport personnel or 
aviation officials may be permitted to conduct the minimum 
triannual 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. 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 date of enactment of this 
Act.
Section 2403. 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 2404. Applicability of medical certification standards to 
        operators of air balloons.
    This section would direct the FAA to revise the Federal 
regulations regarding medical certificates to require them to 
apply to operators of air balloons to the same extent such 
regulations apply to operators of other aircraft.
Section 2405. Technical corrections.
    This section would, by amending an existing statutory 
provision, require the FAA to issue regulations to require 
owners of certain towers that are between 50 and 200 feet tall 
to either mark the towers or include them in an FAA database to 
promote safety for low-flying aircraft, particularly those 
involved in agricultural operations. The FAA would develop the 
database with appropriate protections of proprietary 
information.
Section 2406. Rotorcraft crash resistant fuel systems.
    This section would require the FAA to expedite the 
certification and validation of U.S. and foreign type designs 
and retrofit kits that improve fuel system crash worthiness. 
Further, this section would require the FAA to issue a bulletin 
within 180 days after the date of enactment of this Act, and 
periodically thereafter, to inform rotorcraft owners and 
operators of available modifications to improve fuel system 
crashworthiness and urge such modifications be installed as 
soon as practicable.


                     subtitle e--general provisions


Section 2501. 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 2502. 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 2503. Approach control radar.
    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.
Section 2504. Airspace management advisory committee.
    This section would direct the FAA to establish an advisory 
committee to carry out specific duties. The duties of the 
advisory committee would include conducting a review of the 
practices and procedures of the FAA for developing proposals 
with respect to changes in regulations, policies, or guidance 
of the FAA relating to airspace; recommending revisions to 
improve communications and coordination between and among 
affected elements of the FAA and with other affected entities; 
conducting a review of the management by the FAA of systems and 
information used to evaluate data relating to obstructions to 
air navigation or navigational facilities; and making 
recommendations to ensure that the data relating to 
obstructions to air navigation is publicly available. This 
section also would establish the membership of the advisory 
committee and would require a report on the actions taken by 
the advisory committee to be submitted to Congress.
    The Administrator of the FAA is encouraged to develop 
policies and procedures to ensure appropriate notice to airport 
operators prior to any action that affects the airspace around 
an airport resulting in a significant impact on operations. 
These changes include, but are not limited to, the following: a 
change in routes; approach or departure procedures that would 
change noise contours; and a hazard finding with respect to 
structures located within the vicinity of the airport. This 
notice also would afford airport operators the opportunity to 
comment on proposed changes.
Section 2505. Report on conspicuity needs for surface vehicles 
        operating on the airside of air carrier served airports.
    This section would require the FAA to perform a study on 
the need to prescribe conspicuity standards for surface 
vehicles operating on the airside of specific airports. 
Additionally, this section would require the FAA to submit a 
report to the appropriate committees of Congress on the results 
of the study, including appropriate recommendations regarding 
the need for the FAA to prescribe such conspicuity standards.
Section 2506. Study on the effect of extreme weather on air travel.
    This section would require NOAA and the FAA to jointly 
complete a study on the effect of extreme weather on commercial 
air travel.
Section 2507. Self-piloted aircraft introduction plan.
    This section would direct the FAA, in coordination with a 
committee of appropriate stakeholders, to prepare an air 
traffic policies and systems plan to enable the introduction of 
self-piloted aircraft into the NAS.
Section 2508. Portability of repairman certificates.
    This section would require the FAA to direct the Aviation 
Rulemaking Advisory Committee to make recommendations with 
respect to the regulatory and policy changes necessary to allow 
a repairman certificate to be portable from one employing 
certificate holder to another. Additionally, this section would 
require the FAA to take any appropriate action as a result of 
those recommendations not later than 1 year after receiving 
them.
Section 2509. Revision of certain regulations relating to repair 
        station certificates.
    This section would direct the FAA, not later than 60 days 
after the date of enactment of this Act, to publish a notice of 
proposed rulemaking revising part 145 of title 14, Code of 
Federal Regulations, to restore the right of a repair station 
to unilaterally surrender its certificate, to prevent an 
individual, who materially contributes to the revocation of a 
repair station certificate or causes the process of revoking 
such a certificate to begin, from reentering the industry; and 
to clarify that a repair station that terminates an individual, 
who materially contributes to the revocation of the certificate 
of the repair station or causes the process of revoking that 
certificate to begin, may reapply for a certificate. This 
section also would require the FAA to publish a final rule with 
respect to these revisions not later than 90 days after 
publishing the notice of proposed rulemaking.
Section 2510. Critical airfield markings.
    This section would require the FAA to issue, within 180 
days of the date of enactment, a request for proposal for a 
study on the effectiveness and durability of Type I and Type 
III reflective glass beads on critical airport runway markings.
Section 2511. Report on aircraft rescue and firefighting training 
        facilities.
    This section would require the FAA to submit to Congress a 
report on the number and suitability of aircraft rescue and 
firefighting training facilities in each region of the FAA and 
a plan to address any coverage gaps identified in that report.


             subtitle f--general aviation pilot protections


Section 2601. Short title.
    This section would provide that this subtitle may be cited 
as the ``Fairness for Pilots Act.''
Section 2602. Expansion of Pilot's Bill of Rights.
    This section would make several amendments to the Pilot's 
Bill of Rights (P.L. 112-153), which allows an individual 
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 FAA 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 also would define the 
portions of an investigative report considered releasable.
Section 2603. 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 
FAA has reasonable grounds to do the following: establish a 
lack of qualification on the part of the pilot; or 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 2604. Expediting updates to NOTAM Program.
    This section would amend the Pilot's Bill of Rights to 
require the NOTAM 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 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 
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 2605. 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 of the FAA 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 the date of 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 2606. 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 
also would allow for the DOT to consult with air carriers and 
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. 
Nothing in this section would be construed as affecting the 
decision of an air carrier to maximize its system capacity 
during weather related events to accommodate the greatest 
number of passengers.
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. As part of the 
review, the DOT would consider airline refund policies and 
alternative travel options provided by the carrier in such 
situations.
Section 3103. 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 
also would include technical and conforming changes to the law 
related to the assistance that the NTSB that must provide to 
families in such circumstances.
Section 3104. 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 3105. Extension of Advisory Committee for Aviation Consumer 
        Protection.
    This section would extend the Advisory Committee for ACP 
through the last FY of this Act. This section also would 
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 3106. 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 3107. Refunds for other fees that are not honored by a covered 
        air carrier.
    This section would require the DOT to promulgate 
regulations directing each air carrier to promptly provide an 
automatic refund of any ancillary fees paid for services that a 
passenger did not receive on the passenger's scheduled flight, 
on a subsequent replacement itinerary, or on a flight canceled 
by the passenger.
Section 3108. Disclosure of fees to consumers.
    This section would require the DOT to promulgate 
regulations directing 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 addresses disclosures to 
consumers; it does not address information exchanges between 
carriers and travel intermediaries.
Section 3109. 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 would be assigned to the consumer from 
available inventory prior to departure. This section also would 
outline how this information should be disclosed to the 
consumer if a ticket is bought online, if the ticket is 
purchased over the telephone, during check-in for a flight, and 
at other ancillary seat purchase opportunities prior to 
departure.
Section 3110. Advance boarding during pregnancy.
    This section would require the DOT to review airline 
policies regarding traveling during pregnancy and, if 
appropriate, revise regulations to require an air carrier to 
offer advance boarding of an aircraft to a pregnant passenger 
who requests such assistance.
Section 3111. 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 ACP Division of the DOT. Also included in this section 
would be a requirement for each air carrier to include specific 
consumer complaint process information on its website.
Section 3112. Aviation Consumer Advocate.
    This section would direct the DOT to review aviation 
consumer complaints received that allege a violation of law 
and, as appropriate, pursue enforcement or corrective actions 
that would be in the public interest. Additionally, this 
section would establish an Aviation Consumer Advocate position 
within the ACP Division. This section would provide that the 
functions of the Aviation Consumer Advocate would include 
assisting consumers in resolving carrier service complaints 
filed with the ACP Division, evaluating the resolution by the 
DOT of carrier service complaints, identifying and recommending 
actions the DOT could take to improve the enforcement of ACP 
rules and resolution of carrier service complaints, and 
identifying and recommending regulations and policies that can 
be amended to more effectively resolve carrier service 
complaints. Finally, this section would require the DOT, 
through the Aviation Consumer Advocate, to submit a report to 
the appropriate committees of Congress with certain consumer 
complaint statistics.
Section 3113. Online access to aviation consumer protection 
        information.
    This section would require the DOT to complete an 
evaluation of the ACP portion of its public website to 
determine whether there are any changes to the user interface 
that would 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 would enable a user to access information 
and perform activities related to ACP. Once developed, this 
application software would be required to be made available to 
the public at no cost.
Section 3114. Study on in cabin wheelchair restraint systems.
    This section would require the Architectural and 
Transportation Barriers Compliance Board, in consultation with 
the DOT and relevant stakeholders, including aircraft 
manufacturers, wheelchair manufacturers, and disability 
advocates, 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 3115. Advisory committee on the air travel needs of passengers 
        with disabilities.
    This section would establish a DOT advisory committee for 
the air travel needs of passengers with disabilities.
Section 3116. Improving wheelchair assistance for individuals with 
        disabilities.
    This section would require the DOT, in developing the best 
practices regarding the assistance of individuals with 
disabilities that are required by law, to include specific 
recommendations regarding the failure of air carriers to 
provide wheelchair assistance and how training programs by air 
carriers can address that failure.
Section 3117. Regulations ensuring assistance for individuals with 
        disabilities in air transportation.
    This section would require the DOT to review applicable 
regulations and revise, as appropriate, regulations to ensure 
that individuals with disabilities who request assistant while 
traveling in air transportation receive timely and effective 
assistance at airports and on aircraft from trained personnel. 
Further, this section would mandate that the DOT require air 
carriers to ensure that personnel, including contractors, who 
may be providing physical assistance to a passenger with a 
disability receive hands-on training on an annual basis in 
performing that assistance. Finally, this section would direct 
the DOT to consult with the Architectural and Transportation 
Barriers Compliance Board and periodically review and, as 
appropriate, amend the regulations and standards prescribed as 
a result of this section.
Section 3118. Civil penalties relating to harm to passengers with 
        disabilities.
    This section would establish civil penalties relating to 
bodily harm to airline passengers with disabilities or damage 
to a wheelchair or other mobility aid.
Section 3119. Airline Passengers with Disabilities Bill of Rights.
    This section would direct the DOT to develop a document to 
be known as the ``Airline Passengers with Disabilities Bill of 
Rights'' that describes existing statutory protections for 
passengers with disabilities. This document would use plain 
language to describe the basic protections and responsibilities 
of covered air carriers, their employees and contractors, and 
people with disabilities.
    This section also would require each covered air carrier to 
include the Airline Passengers with Disabilities Bill of Rights 
on its website and in any pre-flight notifications or 
communications provided to passengers who alert the covered air 
carrier in advance of the need for accommodations relating to a 
disability.
    This section also would require covered air carriers and 
their contractors to submit, for review, training plans to DOT 
on their training in respect to the protections and 
responsibilities described in the Airline Passengers with 
Disabilities Bill of Rights. The development of the Airline 
Passenger with Disabilities Bill of Rights would not expand or 
restrict the rights available to passengers with disabilities.
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 ACP rules.
Section 3121. Dimensions for passenger seats.
    This section would require the FAA to review the minimum 
seat pitch for airline passengers' seats, taking the safety of 
passengers into consideration, including those with 
disabilities.
Section 3122. Cell phone voice communications.
    This section would direct the DOT to issue regulations to 
prohibit an individual in scheduled passenger interstate or 
intra-state air transportation from engaging in voice 
communication using a mobile communications device during a 
flight. The Committee does not intend that any regulations 
issued under this section limit the reception or transmission 
of wireless data communications or text messaging using a 
mobile communications device, such as a mobile phone, tablet, 
or laptop.
    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 on an 
aircraft would be exempt from any such prohibition. The 
Committee does not intend that any regulations under this 
section require domestic airlines or foreign airlines with U.S. 
domestic routes to disable services that make possible the 
transmission or reception of voice communications for 
authorized users.
Section 3123. TICKETS Act.
    This section would prohibit an air carrier from denying 
boarding of a revenue passenger without the consent of the 
passenger once the passenger is approved by the gate attendant 
to clear the boarding area and board the flight unless the 
passenger poses a safety, security, or health risk to the other 
passengers or the passenger is engaging in behavior that is 
obscene, disruptive, or otherwise unlawful.
    This section also would require the DOT to review air 
carrier policies and revise regulations to eliminate the dollar 
amount limitation on the amount of compensation that may be 
provided to a passenger who is denied boarding involuntarily. 
This section also would require the GAO to review airline 
policies and practices relating to the oversale of flights, 
taking into account specific considerations, and to report to 
Congress on this review.
    Finally, this section would require the DOT to prescribe 
regulations requiring an air carrier, or other entity selling 
tickets for flight in passenger air transportation, to specify 
on a passenger's flight itinerary, receipt, or other direct 
customer communication, the policies of the air carrier 
operating the flight regarding oversold flights and the 
possible loss of a seat by a passenger to an employee of the 
air carrier. The DOT also would be required to provide guidance 
on the extent to which such policies should be noticed publicly 
at airport gates.
Section 3124. Transparency for disabled passengers.
    This section would require that the compliance date of the 
final DOT rule on the reporting of data for mishandled 
wheelchairs and scooters transported in aircraft cargo 
compartments be January 1, 2018.
Section 3125. Report on availability of lavatories on commercial 
        aircraft.
    This section would require the GAO to submit a report to 
Congress assessing the availability of functional lavatories on 
commercial aircraft, the extent to which flights take off 
without functional lavatories, the ability of individuals with 
disabilities to access lavatories on commercial aircraft, the 
extent of complaints to the DOT and air carriers related to 
lavatories and the efforts they have taken to address 
complaints, the extent to which air carriers are shrinking 
lavatories to add more seats, and the extent to which lavatory 
design creates safety issues. The report would be due not later 
than 180 days after the date of enactment of this Act.
Section 3126. Training policies regarding racial, ethnic, and religious 
        nondiscrimination.
    This section would require the GAO to submit a report, not 
later than 180 days after the date of enactment, describing 
each air carrier's training policy for its employees and 
contractors regarding racial, ethnic, and religious 
nondiscrimination, and how frequently an air carrier is 
required to train new employees due to turnover. Additionally, 
after this report is submitted, this section would require the 
DOT to develop and disseminate best practices necessary to 
improve training policies in this area.
Section 3127. Consumer protection requirements relating to large ticket 
        agents.
    This section would direct the DOT to issue a final rule to 
require large ticket agents, which are those with $100 million 
or more in annual income, to adopt minimum customer service 
standards.
Section 3128. Sense of Congress regarding equal access for individuals 
        with disabilities.
    This section would state that it is the sense of Congress 
that the aviation industry and relevant stakeholders must work 
to ensure that individuals with disabilities have equal access 
to air travel, that accessibility must be a priority as 
technology and ease of travel continues to advance, and that 
accommodations must extend to all airport and airline services 
and facilities, and be inclusive of all disabilities.
Section 3129. Regulations prohibiting the imposition of fees that are 
        not reasonable and proportional to the costs incurred.
    This section would direct the DOT to prescribe regulations 
prohibiting an air carrier from imposing change or cancellation 
fees that are unreasonable or disproportional to the costs 
incurred by the air carrier and establishing standards, which 
would be updated every 3 years at a minimum, for assessing 
whether most ancillary fees are reasonable and proportional to 
the costs incurred by the air carrier. This section also would 
direct the GAO to determine the effect on the availability of 
air transportation to consumers if the DOT prescribes 
regulations required by this section. The GAO would be required 
to submit a report detailing the findings of this study to the 
appropriate committees of Congress not later than 1 year after 
the date of enactment of this Act.


                   subtitle b--essential air service


Section 3201. Essential air service.
    This section would reauthorize the EAS program at $175 
million for FYs 2018 through 2021. This section also would 
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 FYs 2018 
through 2021.
Section 3203. Small community program amendments.
    This section would allow the DOT to waive the limitation 
related to providing grants for 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 
requirements related to EAS service if requested by the 
community receiving subsidized air service.


                 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 report.
    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 ATC 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 NAS.
    Additionally, this section would require the FAA, in 
consultation with the NextGen Advisory Committee (NAC), to use 
the assessment described above to develop a priority list of 
all NextGen programs and activities. This priority list would 
be included in the aforementioned report to Congress. Finally, 
the FAA would be required to modify its 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 provide seamless oceanic 
        operations.
    This section would require the FAA to make a final 
investment decision for the implementation of a reduced oceanic 
separation capability by September 30, 2018, that, if a 
positive business case is provided, would result in operational 
use by the end of 2020.
Section 4103. Annual NextGen performance goals.
    This section would direct the FAA to establish annual 
NextGen performance goals in order to meet previously 
established NAS 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 in consultation with the NextGen 
Advisory Committee.
Section 4104. Air traffic control operational contingency plans.
    This section would require the FAA to update its ATC 
operational contingency plans (FAA Order JO 1900.47E), and 
continue to update them every 5 years, to address potential air 
traffic facility outages that could have a major impact on 
operation of the NAS. Further, the FAA would be required to 
convene NextGen program officials to evaluate, expedite, and 
complete a report on how planned NextGen capabilities can 
enhance the resiliency of the NAS and mitigate the impact of 
future ATC disruptions. 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 ATC 
operational contingency plans are 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 
NAS.
Section 4105. 2020 ADS-B Out mandate plan.
    This section would require the FAA, in collaboration with 
the NAC, to identify any known and potential barriers to 
compliance with the 2020 ADS-B Out mandate and to develop a 
plan to address any identified barriers. This section would 
require the plan to be sent to Congress and to be updated 
periodically.
    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 FAA 
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 would 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 also would 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 NAS, 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 would be used to implement PBN at 
additional airports, including information on how the FAA would 
partner and coordinate with private industry to ensure 
expeditious implementation of PBN.
Section 4109. Securing aircraft avionics systems.
    This section would require the FAA to consider revising, 
where appropriate, regulations regarding airworthiness 
certification to address cybersecurity for avionics systems and 
to require that aircraft avionics systems used for flight 
guidance or aircraft control be secured against unauthorized 
access via passenger in-flight entertainment systems.
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 also would 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 its 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 also would 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 NAS.
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. 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 also would 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 4116. Program management.
    This section would require the FAA, in collaboration with 
the NAC and the National Academies of Science, Engineering, and 
Medicine, to submit a report to Congress on how the FAA is 
utilizing industry best practices regarding highly integrated 
program management to implement NextGen. As part of this 
report, this section also would require the FAA to identify the 
key risks for the implementation of specific NextGen programs 
and develop a detailed plan to mitigate those risks.
Section 4117. System-wide improvements.
    This section would require the FAA to submit a report to 
Congress identifying the improvements and benefits that have 
been realized in the NAS, as a whole, as a result of specific 
NextGen programs.
Section 4118. NextGen research.
    This section would direct the FAA to submit a report to 
Congress specifying the top five priority research areas for 
the implementation and advancement of NextGen, and outline why 
these research areas are important, what other Federal agencies 
are involved in this research, and provide an estimate on when 
the research identified would be completed.
Section 4119. Annual report on NextGen implementation.
    This section would require the FAA to submit a report to 
Congress on the implementation of NextGen at commercial service 
airports in the United States. This report would include the 
number and percentage of commercial service airports in the 
United States that have fully implemented NextGen, and the 
percentage completion of NextGen implementation at each 
commercial service airport in the United States. Finally, this 
section would direct the FAA to develop a standard for 
determining the percentage completion of NextGen implementation 
at commercial service airports in the United States and would 
require the FAA to include the developed standard in the 
report.


         subtitle b--administration organization and employees


Section 4201. 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 also 
would 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 4202. 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 4203. 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 FAA in the event of a furlough 
of one or more employees.
Section 4204. Controller candidate interviews.
    This section would instruct the FAA to require that an in-
person interview be conducted with each individual applying for 
an ATC 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 4205. 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 NYC/Newark control facilities for a period 
of 1 year.
Section 4206. Work plan for the New York/New Jersey/Philadelphia 
        Metropolitan Area Airspace Project.
    This section would require the FAA to develop and publish a 
work plan for the NY/NJ/Philadelphia Metropolitan Area Airspace 
Project.
Section 4207. 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 4208. Annual report on inclusion of disabled veteran leave in 
        personnel management system.
    This section would require the FAA to publish a public 
report on the effect of disabled veteran leave on the FAA's 
workforce and the number of disabled veterans benefiting from 
that provision.
Section 4209. Application of veterans' preference to Federal Aviation 
        Administration personnel management system.
    This section would apply specific provisions of title 5, 
United States Code, related to veterans' preference, to the FAA 
personnel management system.
Section 4210. Aircraft Registry Office.
    This section would direct the FAA to designate employees at 
the Aircraft Registry Office in Oklahoma City, Oklahoma, as 
excepted employees in the event of a shutdown or emergency 
furlough.


                         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. 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 5003. Aeronautical studies for commercial space launch site 
        runways.
    This section would amend existing law by giving the DOT 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 DOT also 
would 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 DOT as relevant to the effective 
use of the national airspace. This section would require a 
rulemaking to implement the amendments to existing law.
Section 5004. Comprehensive aviation preparedness plan.
    This section would require the DOT and the Department of 
Health and Human Services, in coordination with the Department 
of Homeland Security, DOL, Department of State, and DOD, and 
representatives of other Federal departments and agencies, as 
necessary, to develop a comprehensive national aviation 
communicable disease preparedness plan.
Section 5005. 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 5006. Interference with airline employees.
    This section would require the GAO to complete a study of 
crimes of 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. Additionally, this section would 
require each air carrier to submit an employee assault 
prevention and response plan to the FAA for review and 
acceptance. The plan would have to include certain content and 
would have to be developed in consultation with the appropriate 
labor organizations representing the customer service agents of 
the air carrier. Finally, this section would require each air 
carrier to submit to the FAA a plan for training all employees 
on the employee assault prevention and response plan that 
includes training on de-escalating hostile situations, written 
protocols on dealing with hostile situations, and reporting of 
incidents of violence.
Section 5007. Secondary cockpit barriers.
    This section would require the FAA to issue an order 
requiring the installation of secondary barriers on new 
passenger aircraft.
Section 5008. 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 5009. 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 5010. 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 5011. 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 also would 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 5012. Government Accountability Office review of unmanned 
        aircraft systems.
    This section would direct the GAO to submit a report to 
Congress examining the law enforcement challenges posed by the 
use of UAS for illegal drug trafficking. As part of the report, 
the GAO would examine the ways in which international drug 
traffickers have used UAS to assist in their efforts to smuggle 
illegal drugs into the United States, including how they have 
used UAS to fly packages of illegal drugs into the United 
States, and how they have used UAS to survey international 
borders.
Section 5013. Sense of Congress on preventing the transportation of 
        disease-carrying mosquitoes and other insects on commercial 
        aircraft.
    This section would require the Secretary 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 5014. 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 5015. 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 5016. Authorization of certain flights by stage 2 aircraft.
    This section would authorize the FAA to initiate a pilot 
program to permit 1 or more operators of a stage 2 aircraft to 
operate that aircraft in nonrevenue service into not more than 
four medium hub airports or nonhub airports if the airport and 
the operator meet specific criteria. The pilot program would 
terminate on the earlier of either the date 10 years after the 
date of enactment of this Act, or the date on which the FAA 
determines that no stage 2 aircraft remain in service.
Section 5017. Rulemaking on overland supersonic flight.
    This section would require the DOT to publish a notice of 
proposed rulemaking that permits the development, testing, 
manufacturing, and operation of civil supersonic aircraft in 
the United States, specifies a noise standard for sonic boom 
over the United States, and specifies a noise standard for 
landing and take-off of civil supersonic aircraft that is no 
more stringent than the standard for large subsonic aircraft in 
use in the United States on January 1, 2017. Additionally, this 
section would require the DOT to publish a final rule no later 
than 18 months after the date of publication of the notice of 
proposed rulemaking. If the DOT does not publish the final rule 
by a date that is 36 months after the date of enactment of this 
Act, this section would make clear that section 91.817 of title 
14, Code of Federal Regulations, would have no force or effect 
on or after that date.
Section 5018. Terminal aerodrome forecast.
    This section would authorize the FAA to permit specific air 
carrier operations as long as the air carrier utilizes certain 
weather forecasts and follows specific procedures.
Section 5019. Technical and conforming amendments.
    This section would make technical and conforming amendments 
to various parts of title 49, United States Code.
Section 5020. Aviation Weather Observations.
    This section would require the FAA to use the National 
Airspace Data Interchange Network to publish weather 
observation data provided by weather stations of the National 
Weather Service that are approved by the FAA as ATC facilities 
and located in a noncontiguous State, and by modular automated 
weather stations located in a noncontiguous State.
Section 5021. Role of national advisory committee on travel and tourism 
        infrastructure.
    This section would expand the scope of the National 
Advisory Committee on Travel and Tourism Infrastructure to 
include consideration of the effect of the domestic and 
international aviation market on travel and tourism in the 
United States.
Section 5022. Sense of Congress regarding women in aviation.
    This section would express the sense of Congress that the 
aviation industry should explore all opportunities, including 
pilot training, science, technology, engineering, and 
mathematics education, and mentorship programs, to encourage 
and support female students and aviators to pursue careers in 
aviation.
Section 5023. Spectrum availability.
    This section would express the sense of Congress that the 
Spectrum Efficient National Surveillance Radar (SENSR) Program 
of the FAA should continue its assessment of the feasibility of 
making the 1300-1350 megahertz band of electromagnetic spectrum 
available for non-Federal use.
Section 5024. Report on illegal charter flights.
    This section would require the FAA to submit an analysis of 
reports filed during the preceding 10-year period through the 
FAA's illegal charter hotline, that includes follow up action 
the FAA takes when a report is received, how the FAA decides to 
allocate resources, challenges the FAA faces in identifying 
illegal operators, and recommendations for improving efforts to 
combat illegal chart operations.
Section 5025. Federal authority over interstate transportation.
    This amendment would clarify that the preemption provision 
from the FAA Authorization Act of 1994 extends to State meal 
and rest break requirements for truck drivers traveling across 
State lines.

                           Votes in Committee

    Senator Duckworth offered a second degree amendment to 
Senator Thune's first degree amendment to the amendment (in the 
nature of a substitute) offered by Senators Thune, Nelson, 
Blunt, and Cantwell, that would replace the text of the first 
degree amendment with a Sense of Congress regarding the current 
airline pilot qualification rules. By rollcall vote of 13 yeas 
and 14 nays as follows, the amendment was defeated:

        YEAS--13                      NAYS--14
Mr. Nelson                          Mr. Wicker
Ms. Cantwell                        Mr. Blunt
Ms. Klobuchar                       Mr. Cruz\1\
Mr. Blumenthal                      Ms. Fischer
Mr. Schatz                          Mr. Moran
Mr. Markey                          Mr. Sullivan
Mr. Booker                          Mr. Heller
Mr. Udall                           Mr. Inhofe
Mr. Peters                          Mr. Lee\1\
Ms. Baldwin                         Mr. Johnson\1\
Ms. Duckworth                       Mrs. Capito
Ms. Hassan                          Mr. Gardner\1\
Ms. Cortez Masto                    Mr. Young
                                    Mr. Thune

    \1\By proxy

                  Supplemental Views of Senator Nelson


                SECTION 2315. AIRLINE SAFETY ENHANCEMENT

    I would like to reiterate my opposition to Chairman Thune's 
amendment allowing for additional exceptions to the flight hour 
requirements which apply to prospective airline pilots. The 
amendment is incorporated as section 2315 of the legislation.
    Congress passed legislation in 2010 that directed the FAA 
to issue a rule requiring airline first officers (co-pilots) to 
hold airline transport pilot or ``ATP'' certificates. The new 
requirement is known as the ``1500 Hour Rule.'' It was among 
various measures mandated in response to the tragic February 
2009 crash of Colgan Air Flight 3407 in Buffalo, New York.
    To qualify for an ATP certificate, a pilot must have 1,500 
hours of total flight time. Previously, only airline captains 
were required to hold ATP certificates. First officers could 
hold a commercial pilot certificate, which required only 250 
hours of total flight time.
    The 1500 Hour Rule went into effect on August 1, 2013. 
Regional airlines argue that the increased experience 
requirement has made it difficult to attract and hire enough 
qualified pilots to fill their needs. However, I agree with 
safety advocates who maintain that the rule is necessary to 
ensure that airline pilots have sufficient experience to 
operate a commercial aircraft. During the 7 years since 
Congress mandated the 1500 Hour Rule, there have been no part 
121 passenger airline accidents involving fatalities within the 
United States. In contrast, there were significant numbers of 
passenger fatalities during the coinciding timeframe prior to 
passage of the new law. Many were the result of accidents 
involving regional airline aircraft--including the Colgan Air 
crash in February 2009.
    To the extent there might be a shortage of qualified 
pilots, I am persuaded that other factors such as low pilot pay 
and changing airline economics are more likely the cause. 
Credible sources report that the annual income for regional 
airline pilots often falls well short of $30,000. While the 
industry tells us the situation has recently improved somewhat, 
it is by no means clear that pilot pay appropriately reflects 
the level of responsibility required of pilots nor the 
financial and time commitment involved in achieving the level 
of qualification necessary to serve as an airline pilot.
    I value the working relationship with Chairman Thune and am 
prepared to discuss other policy opportunities, such as 
educational incentives or similar measures to encourage young 
people to pursue pilot careers. I believe any significant 
change in the 1500 Hour Rule is the wrong approach.

                        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 18. CRIMES AND CRIMINAL PROCEDURE


                             PART I. CRIMES

                 CHAPTER 2. AIRCRAFT AND MOTOR VEHICLES

Sec. 31. Definitions

  (a) Definitions.--In this chapter, the following definitions 
apply:
          (1) Aircraft.--The term ``aircraft'' means a civil, 
        military, or public contrivance invented, used, or 
        designed to navigate, fly, or travel in the air.
          (2) Aviation quality.--The term ``aviation quality'', 
        with respect to a part of an aircraft or space vehicle, 
        means the quality of having been manufactured, 
        constructed, produced, maintained, repaired, 
        overhauled, rebuilt, reconditioned, or restored in 
        conformity with applicable standards specified by law 
        (including applicable regulations).
          (3) Destructive substance.--The term ``destructive 
        substance'' means an explosive substance, flammable 
        material, infernal machine, or other chemical, 
        mechanical, or radioactive device or matter of a 
        combustible, contaminative, corrosive, or explosive 
        nature.
          (4) In flight.--The term ``in flight'' means--
                  (A) any time from the moment at which all the 
                external doors of an aircraft are closed 
                following embarkation until the moment when any 
                such door is opened for disembarkation; and
                  (B) in the case of a forced landing, until 
                competent authorities take over the 
                responsibility for the aircraft and the persons 
                and property on board.
          (5) In service.--The term ``in service'' means--
                  (A) any time from the beginning of preflight 
                preparation of an aircraft by ground personnel 
                or by the crew for a specific flight until 24 
                hours after any landing; and
                  (B) in any event includes the entire period 
                during which the aircraft is in flight.
          (6) Motor vehicle.--The term ``motor vehicle'' means 
        every description of carriage or other contrivance 
        propelled or drawn by mechanical power and used for 
        commercial purposes on the highways in the 
        transportation of passengers, passengers and property, 
        or property or cargo.
          (7) Part.--The term ``part'' means a frame, assembly, 
        component, appliance, engine, propeller, material, 
        part, spare part, piece, section, or related integral 
        or auxiliary equipment.
          (8) Space vehicle.--The term ``space vehicle'' means 
        a man-made device, either manned or unmanned, designed 
        for operation beyond the Earth's atmosphere.
          (9) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.
          (10) Unmanned aircraft.--The term ``unmanned 
        aircraft'' has the meaning given such term in section 
        44801 of title 49.
          [(10)](11) Used for commercial purposes.--The term 
        ``used for commercial purposes'' means the carriage of 
        persons or property for any fare, fee, rate, charge or 
        other consideration, or directly or indirectly in 
        connection with any business, or other undertaking 
        intended for profit.
  (b) Terms Defined in Other Law.--In this chapter, the terms 
``aircraft engine'', ``air navigation facility'', ``airport'', 
``appliance'', ``civil aircraft'', ``foreign air commerce'', 
``interstate air commerce'', ``landing area'', ``overseas air 
commerce'', ``propeller'', ``spare part'', and ``special 
aircraft jurisdiction of the United States'' have the meanings 
given those terms in sections 40102(a) and 46501 of title 49.

Sec. 39B. Unsafe operation of unmanned aircraft

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

                        TITLE 49. TRANSPORTATION


                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec. 106. Federal Aviation Administration

  (a) * * *
  (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) $9,909,724,000 for each of fiscal years 
                2016 and 2017.]
                  (A) $10,123,257,311 for fiscal year 2018;
                  (B) $10,233,107,832 for fiscal year 2019;
                  (C) $10,341,034,956 for fiscal year 2020; and
                  (D) $10,453,299,174 for fiscal year 2021.
          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 2018 
                through 2021 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 2018 
                through 2021 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 2018 
                through 2021 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 2017] 2018 through 2021, 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).
  (l) * * *
  (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(e) 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 organizational 
        performance goals set forth in the agreement shall 
        include quantifiable NextGen airspace performance 
        objectives regarding efficiency, productivity, 
        capacity, and safety, which shall be established in 
        consultation with public and private NextGen 
        stakeholders, including the NextGen Advisory Committee.
          (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.
  (t) * * *

                        TITLE 49. TRANSPORTATION


                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

             SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

Sec. 1113. Administrative

  (a) * * *
  [(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.]

TITLE 49. TRANSPORTATION SUBTITLE II. OTHER GOVERNMENT AGENCIES CHAPTER 
   11. NATIONAL TRANSPORTATION SAFETY BOARD 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.
  (b) * * *

                        TITLE 49. TRANSPORTATION


                 SUBTITLE IV. INTERSTATE TRANSPORTATION

PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                  CHAPTER 145. FEDERAL-STATE RELATIONS

Sec. 14501. Federal authority over intrastate transportation

  (a) * * *
  (c) Motor Carriers of Property.--
          (1) General rule.--Except as provided in paragraphs 
        (2) and (3), a State, political subdivision of a State, 
        or political authority of 2 or more States may not 
        enact or enforce a law, regulation, or other provision 
        having the force and effect of law related to a price, 
        route, or service of any motor carrier (other than a 
        carrier affiliated with a direct air carrier covered by 
        section 41713(b)(4)) or any motor private carrier, 
        broker, or freight forwarder with respect to the 
        transportation of property.
          (2) Matters not covered.--[Paragraph (1)] Paragraphs 
        (1) and (6)--
                  (A) shall not restrict the safety regulatory 
                authority of a State with respect to motor 
                vehicles, the authority of a State to impose 
                highway route controls or limitations based on 
                the size or weight of the motor vehicle or the 
                hazardous nature of the cargo, or the authority 
                of a State to regulate motor carriers with 
                regard to minimum amounts of financial 
                responsibility relating to insurance 
                requirements and self-insurance authorization;
                  (B) does not apply to the intrastate 
                transportation of household goods; and
                  (C) does not apply to the authority of a 
                State or a political subdivision of a State to 
                enact or enforce a law, regulation, or other 
                provision relating to the regulation of tow 
                truck operations performed without the prior 
                consent or authorization of the owner or 
                operator of the motor vehicle.
          (3) State standard transportation practices.--
                  (A) Continuation.--[Paragraph (1)] Paragraphs 
                (1) and (6) shall not affect any authority of a 
                State, political subdivision of a State, or 
                political authority of 2 or more States to 
                enact or enforce a law, regulation, or other 
                provision, with respect to the intrastate 
                transportation of property by motor carriers, 
                related to--
                          (i) uniform cargo liability rules,
                          (ii) uniform bills of lading or 
                        receipts for property being 
                        transported,
                          (iii) uniform cargo credit rules,
                          (iv) antitrust immunity for joint 
                        line rates or routes, classifications, 
                        mileage guides, and pooling, or
                          (v) antitrust immunity for agent-van 
                        line operations (as set forth in 
                        section 13907),
          if such law, regulation, or provision meets the 
        requirements of subparagraph (B).
                  (B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                          (i) the law, regulation, or provision 
                        covers the same subject matter as, and 
                        compliance with such law, regulation, 
                        or provision is no more burdensome than 
                        compliance with, a provision of this 
                        part or a regulation issued by the 
                        Secretary or the Board under this part; 
                        and
                          (ii) the law, regulation, or 
                        provision only applies to a carrier 
                        upon request of such carrier.
                  (C) Election.--Notwithstanding any other 
                provision of law, a carrier affiliated with a 
                direct air carrier through common controlling 
                ownership may elect to be subject to a law, 
                regulation, or provision of a State, political 
                subdivision, or political authority under this 
                paragraph.
          (4) Nonapplicability to hawaii.--This subsection 
        shall not apply with respect to the State of Hawaii.
          (5) Limitation on statutory construction.--Nothing in 
        this section shall be construed to prevent a State from 
        requiring that, in the case of a motor vehicle to be 
        towed from private property without the consent of the 
        owner or operator of the vehicle, the person towing the 
        vehicle have prior written authorization from the 
        property owner or lessee (or an employee or agent 
        thereof) or that such owner or lessee (or an employee 
        or agent thereof) be present at the time the vehicle is 
        towed from the property, or both.
          (6) Additional limitations.--
                  (A) In general.--A State, a political 
                subdivision of a State, or a political 
                authority composed of 2 or more States may not 
                enact or enforce a law, regulation, or other 
                provision having the force and effect of law 
                relating to meal or rest breaks applicable to 
                employees whose hours of service are subject to 
                regulation by the Secretary under section 
                31502.
                  (B) Savings provision.--Nothing in this 
                paragraph may be construed to limit the 
                provisions under paragraph (1).
  (d) * * *

                        TITLE 49. TRANSPORTATION


                    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) * * *
          (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 Defintion.--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

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Airport, commercial service airport, and public 
        agency.--The terms ``airport'', ``commercial service 
        airport'', and ``public agency'' have the meaning those 
        terms have under section 47102.
          (2) Eligible agency.--The term ``eligible agency'' 
        means a public agency that controls a commercial 
        service airport.
          (3) Eligible airport-related project.--The term 
        ``eligible airport-related project'' means any of the 
        following projects:
                  (A) A project for airport development or 
                airport planning under subchapter I of chapter 
                471.
                  (B) A project for terminal development 
                described in section 47119(a).
                  (C) A project for costs of terminal 
                development referred to in subparagraph (B) 
                incurred after August 1, 1986, at an airport 
                that did not have more than .25 percent of the 
                total annual passenger boardings in the United 
                States in the most recent calendar year for 
                which data is available and at which total 
                passenger boardings declined by at least 16 
                percent between calendar year 1989 and calendar 
                year 1997.
                  (D) A project for airport noise capability 
                planning under section 47505.
                  (E) A project to carry out noise 
                compatibility measures eligible for assistance 
                under section 47504, whether or not a program 
                for those measures has been approved under 
                section 47504.
                  (F) A project for constructing gates and 
                related areas at which passengers board or exit 
                aircraft. In the case of a project required to 
                enable additional air service by an air carrier 
                with less than 50 percent of the annual 
                passenger boardings at an airport, the project 
                for constructing gates and related areas may 
                include structural foundations and floor 
                systems, exterior building walls and load-
                bearing interior columns or walls, windows, 
                door and roof systems, building utilities 
                (including heating, air conditioning, 
                ventilation, plumbing, and electrical service), 
                and aircraft fueling facilities adjacent to the 
                gate.
                  [(G) A project for converting vehicles and 
                ground support equipment used at a commercial 
                service airport to low-emission technology (as 
                defined in section 47102) or to use cleaner 
                burning conventional fuels, retrofitting of any 
                such vehicles or equipment that are powered by 
                a diesel or gasoline engine with emission 
                control technologies certified or verified by 
                the Environmental Protection Agency to reduce 
                emissions, or acquiring for use at a commercial 
                service airport vehicles and ground support 
                equipment that include low-emission technology 
                or use cleaner burning fuels 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) and if such project will result 
                in an airport receiving appropriate emission 
                credits as described in section 47139.]
                  (G) A project to reduce emissions under 
                subchapter I of chapter 471 or to use cleaner 
                burning conventional fuels, or for acquiring 
                for use at a commercial service airport 
                vehicles or ground support equipment that 
                include low-emission technology or to use 
                cleaner burning fuels, or if the airport is 
                located in an air quality nonattainment area 
                (as defined in section 171(2) of the Clean Air 
                Act (42 U.S.C. 7501(2))) or a maintenance area 
                referred to in section 175A of such Act (42 
                U.S.C. 7505a), a project to retrofit any such 
                vehicles or equipment that are powered by a 
                diesel or gasoline engine with emission control 
                technologies certified or verified by the 
                Environmental Protection Agency to reduce 
                emissions, if such project would be able to 
                receive emission credits for the project from 
                the governing State or Federal environmental 
                agency as described in section 47139.
                  (H) A project for the construction, repair, 
                or improvement of facilities at an airport, or 
                for the acquisition or installation of 
                equipment at an airport, to enhance the 
                security of any area of the airport directly 
                and substantially related to the movement of 
                passengers and baggage in air transportation. 
                Such a project shall not include the 
                acquisition, installation, operation or 
                maintenance of screening equipment and 
                technology or the functions or activities of 
                the Transportation Security Administration 
                under subsections (d) and (e) of section 114.
          (4) Ground support equipment.--The term ``ground 
        support equipment'' means service and maintenance 
        equipment used at an airport to support aeronautical 
        operations and related activities.
          (5) Passenger facility charge.--The term ``passenger 
        facility charge'' means a charge or fee imposed under 
        this section.
          (6) Passenger facility revenue.--The term ``passenger 
        facility revenue'' means revenue derived from a 
        passenger facility charge.
  (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.
  (c) * * *
  (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 hub, 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] 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) * * *
  (n) PFC Eligibility for Intermodal Ground Access Projects.--
          (1) In general.--The Secretary may authorize a 
        passenger facility charge imposed under subsection 
        (b)(1) to be used to finance the eligible capital costs 
        of an intermodal ground access project.
          (2) Definition of intermodal ground access project.--
        In this subsection, the term ``intermodal ground access 
        project'' means a project for constructing a local 
        facility owned or operated by an eligible agency that--
                  (A) is located on airport property; and
                  (B) is directly and substantially related to 
                the movement of passengers or property 
                traveling in air transportation.
          (3) Eligible capital costs.--The eligible capital 
        costs of an intermodal ground access project shall be 
        the lesser of--
                  (A) the total capital cost of the project 
                multiplied by the ratio that the number of 
                individuals projected to use the project to 
                gain access to or depart from the airport bears 
                to the total number of individuals projected to 
                use the local facility; or
                  (B) the total cost of the capital 
                improvements that are located on airport 
                property.
          (4) Determinations.--The Secretary shall determine 
        the projected use and cost of a project for purposes of 
        paragraph (3) at the time the project is approved under 
        this subsection, except that, in the case of a project 
        to be financed in part using funds administered by the 
        Federal Transit Administration, the Secretary shall use 
        the travel forecasting model for the project at the 
        time the project is approved by the Federal Transit 
        Administration to enter preliminary engineering to 
        determine the projected use and cost of the project for 
        purposes of paragraph (3).
          (5) Nonattainment areas.--For airport property, any 
        area of which is located in a nonattainment area (as 
        defined under section 171 of the Clean Air Act (42 
        U.S.C. 7501)) for 1 or more criteria pollutant, the 
        airport emissions reductions from less airport surface 
        transportation and parking as a direct result of the 
        development of an intermodal project on the airport 
        property would be eligible for air quality emissions 
        credits.

Sec. 40122. Federal Aviation Administration personnel management system

  (a) * * *
  (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 3304(f), 3308-3320, 3330a, 
                3330b, 3330c, and 3330d, 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;
                  (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) of this 
                subsection, 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.
          (5) Effective date.--This subsection shall take 
        effect on April 1, 1996.
  (h) * * *

Sec. 40125. Qualifications for public aircraft status

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Commercial purposes.--The term ``commercial 
        purposes'' means the transportation of persons or 
        property for compensation or hire, but does not include 
        the operation of an aircraft by the armed forces for 
        reimbursement when that reimbursement is required by 
        any Federal statute, regulation, or directive, in 
        effect on November 1, 1999, or by one government on 
        behalf of another government under a cost reimbursement 
        agreement if the government on whose behalf the 
        operation is conducted certifies to the Administrator 
        of the Federal Aviation Administration that the 
        operation is necessary to respond to a significant and 
        imminent threat to life or property (including natural 
        resources) and that no service by a private operator is 
        reasonably available to meet the threat.
          (2) Governmental function.--The term ``governmental 
        function'' means an activity undertaken by a 
        government, such as national defense, intelligence 
        missions, firefighting, search and rescue, law 
        enforcement (including transport of prisoners, 
        detainees, and illegal aliens), aeronautical research, 
        or biological or geological resource management.
          (3) Qualified non-crewmember.--The term ``qualified 
        non-crewmember'' means an individual, other than a 
        member of the crew, aboard an aircraft--
                  (A) operated by the armed forces or an 
                intelligence agency of the United States 
                Government; or
                  (B) whose presence is required to perform, or 
                is associated with the performance of, a 
                governmental function.
          (4) Armed forces.--The term ``armed forces'' has the 
        meaning given such term by section 101 of title 10.
  (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.
  (c) * * *

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.
  (b) * * *
  [(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.
  (g) * * *

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    SUBPART II. ECONOMIC REGULATION

                CHAPTER 413. FOREIGN AIR TRANSPORTATION

Sec. 41313. 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] 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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    SUBPART II. ECONOMIC REGULATION

                  CHAPTER 417. OPERATIONS OF CARRIERS

                       SUBCHAPTER I. REQUIREMENTS

Sec. 41725. Cell phone voice communications

  (a) Prohibition Authority.--The Secretary of Transportation 
shall issue regulations--
          (1) to prohibit an individual on an aircraft from 
        engaging in voice communications using a mobile 
        communications device during a flight of that aircraft 
        in scheduled passenger interstate or intrastate air 
        transportation; and
          (2) that exempt from the prohibition described in 
        paragraph (1)--
                  (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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    SUBPART II. ECONOMIC REGULATION

                  CHAPTER 417. OPERATIONS OF CARRIERS

               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--
          (1) (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) * * *

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 
        $175,000,000 for each of fiscal years 2016 and 2017] 
        $175,000,000 for each of fiscal years 2018 through 2021 
        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) * * *
  (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.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        [$6,000,000 for each of fiscal years 2012 through 2017] 
        $10,000,000 for each of fiscal years 2018 through 2021 
        to carry out this section. Such sums shall remain 
        available until expended. 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.
  (f) * * *

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    SUBPART II. ECONOMIC REGULATION

                  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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                    SUBPART II. ECONOMIC REGULATION

            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, foreign air carrier, and ticket agent 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, foreign 
        air carrier, or ticket agent, 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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

            CHAPTER 445. FACILITIES, PERSONNEL, AND RESEARCH

Sec. 44502. General facilities and personnel authority

  (a) * * *
  (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. 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 2018 and 2021 to carry out this section.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                     CHAPTER 447. SAFETY REGULATION

Sec. 44701. General requirements

  (a) * * *
  (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.--Subject to subparagraph (D), 
                the Administrator may 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;
                          (iv) the aeronautical safety 
                        authority utilizes an open and 
                        transparent public notice and comment 
                        process, including considering comments 
                        from owners and operators of foreign-
                        registered aircraft and other 
                        aeronautical products and appliances in 
                        the issuance of airworthiness 
                        directives; and
                          (v) the airworthiness directive 
                        addresses a specific issue necessary 
                        for the safe operation of aircraft 
                        subject to the directive.
                  (B) Alternative approval process.--
                Notwithstanding subparagraph (A), the 
                Administrator may issue a Federal Aviation 
                Administration airworthiness directive instead 
                of accepting 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--
                          (i) may 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--
                                  (I) shall consider an 
                                alternative means of compliance 
                                with respect to the 
                                airworthiness directive; and
                                  (II) may approve such 
                                alternative means, if 
                                appropriate.
                  (D) Limitations.--The Administrator may not 
                accept an airworthiness directive issued by an 
                aeronautical safety authority of a foreign 
                country if the airworthiness directive 
                addresses matters other than those involving 
                the safe operation of an aircraft.
  (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. 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 the Federal 
                Aviation Administration Reauthorization Act of 
                2017, the Administrator shall establish an 
                effective, expeditious, and milestone-based 
                issue resolution process for type certification 
                activities under this subsection.
                  (B) Process requirements.--The resolution 
                process shall provide for--
                          (i) the resolution of technical 
                        issues at preestablished stages of the 
                        certification process, as agreed to by 
                        the Administrator and the type 
                        certificate applicant;
                          (ii) the automatic escalation to 
                        appropriate management personnel of the 
                        Federal Aviation Administration and the 
                        type certificate applicant of any major 
                        certification process milestone that is 
                        not completed or resolved within a 
                        specific period of time agreed to by 
                        the Administrator and the type 
                        certificate applicant; and
                          (iii) the resolution of a major 
                        certification process milestone 
                        escalated under clause (ii) within a 
                        specific period of time agreed to by 
                        the Administrator and the type 
                        certificate applicant.
                  (C) Definition of major certification process 
                milestone.--In this paragraph, the term ``major 
                certification process milestone'' means a 
                milestone related to a type certification 
                basis, type certification plan, type inspection 
                authorization, issue paper, or other major type 
                certification activity agreed to by the 
                Administrator and the type certificate 
                applicant.
  (b) * * *

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.
  (e) * * *

Sec. 44718. Structures interfering with air commerce or national 
                    security

  (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;
          (2) the efficient use and preservation of the 
        navigable airspace and of airport traffic capacity at 
        public-use airports; or
          (3) the interests of national security, as determined 
        by the Secretary of Defense.
  (b) Studies.--
          (1) In general.--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, an interference with [air 
        navigation facilities and equipment] air or space 
        navigation facilities and equipment or the navigable 
        airspace, or, after consultation with the Secretary of 
        Defense, an adverse impact on military operations and 
        readiness, the Secretary of Transportation 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--
                  (A) consider factors relevant to the 
                efficient and effective use of the navigable 
                airspace, including--
                          (i) the impact on arrival, departure, 
                        and en route procedures for aircraft 
                        operating under visual flight rules;
                          (ii) the impact on arrival, 
                        departure, and en route procedures for 
                        aircraft operating under instrument 
                        flight rules;
                          (iii) the impact on existing public-
                        use airports and aeronautical 
                        facilities;
                          (iv) the impact on planned public-use 
                        airports and aeronautical facilities;
                          (v) 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.
                          [(v)](vi) 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
                          [(vi)](vii) other factors relevant to 
                        the efficient and effective use of 
                        navigable airspace; and
                  (B) include the finding made by the Secretary 
                of Defense under subsection (f).
          (2) Report.--On completing the study, the Secretary 
        of Transportation shall issue a report disclosing the 
        extent of the--
                  (A) adverse impact on the safe and efficient 
                use of the navigable airspace that the 
                Secretary finds will result from constructing 
                or altering the structure; and
                  (B) unacceptable risk to the national 
                security of the United States, as determined by 
                the Secretary of Defense under subsection (f).
          (3) Severability.--A determination by the Secretary 
        of Transportation on hazard to air navigation under 
        this section shall remain independent of a 
        determination of unacceptable risk to the national 
        security of the United States by the Secretary of 
        Defense under subsection (f).
  (c) * * *

Sec. 44728. Flight attendant certification

  (a) * * *
  (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.
  (c) * * *

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. 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 accident finding, surveillance, or 
                oversight, that it is in the public interest 
                and safety of air commerce to require a 
                limitation; and
                  (C) for each function that is limited under 
                subparagraph (B), work with the ODA holder to 
                develop the ODA holder's capability to execute 
                that function safely and effectively, and to 
                return to full authority status.
          (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 
        2017, 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 accident finding, surveillance, or 
                oversight, that it is in the public interest 
                and safety of air commerce to require a 
                limitation; and
                  (C) for each function that is limited under 
                subparagraph (B), work with the ODA holder to 
                develop the ODA holder's capability to execute 
                that function safely and effectively, and to 
                return to full authority status.
  (b) ODA Office.--
          (1) Establishment.--Not later than 120 days after the 
        date of enactment of Federal Aviation Administration 
        Reauthorization Act of 2017, 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 2017 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; and
                          (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.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                 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 2017, 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 test sites to facilitate the safe 
integration of unmanned aircraft systems into the national 
airspace system.
          (2) Termination.--The program shall terminate on 
        September 30, 2024.
  (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 visual line of sight operations, 
                nighttime operations, operations over people, 
                and unmanned aircraft systems 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, or at night, 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 2017, 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 2017, and every 180 days 
        thereafter until September 30, 2024, 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 subsection (g), that relate to unmanned 
                aircraft systems research priorities, including 
                beyond visual line of sight operations, 
                nighttime operations, operations over people, 
                sense and avoid technology, and unmanned 
                aircraft systems traffic management;
                  (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.
  (g) Collaborative Research and Development Agreements.--The 
Administrator may use the other transaction authority under 
section 106(l)(6) and enter into collaborative research and 
development agreements, to direct research related to unmanned 
aircraft systems, including at any test site under subsection 
(a), and in coordination with the Center of Excellence for 
Unmanned Aircraft Systems.
  (h) Use of Center of Excellence for Unmanned Aircraft 
Systems.--The Administrator, in carrying out research necessary 
to establish the consensus safety standards requirements in 
section 44803 shall, to the maximum extent practicable, 
leverage the research and testing capacity and capabilities of 
the Center of Excellence for Unmanned Aircraft Systems and the 
test sites.

Sec. 44803. Small unmanned aircraft safety standards

  (a) Consensus Safety Standards.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of the Federal Aviation 
        Administration Reauthorization Act of 2017, the 
        Administrator of the Federal Aviation Administration 
        shall charter an aviation rulemaking advisory committee 
        to develop recommendations for the following:
                  (A) Risk-based, consensus safety standards 
                related to the safe integration of small 
                unmanned aircraft systems into the national 
                airspace system (referred to in this section as 
                ``consensus safety standards'') that can evolve 
                or be updated as appropriate.
                  (B) A Federal Aviation Administration process 
                for permitting, authorizing, or approving small 
                unmanned aircraft systems and their operations 
                based on the safety standards to be accepted by 
                the Administrator under this section.
          (2) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to an aviation rulemaking 
        advisory committee chartered under this subsection.
  (b) Considerations.--In developing recommended consensus 
safety standards under subsection (a) the members of the 
aviation rulemaking advisory committee 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 
        2202 of the FAA Extension Safety and Security Act of 
        2016 (Public Law 114-190; 130 Stat. 615), including for 
        model aircraft operations authorized under section 
        44808.
          (7) Cost-benefit and risk analyses regarding updates 
        to or modifications of small unmanned aircraft systems 
        that were commercially distributed prior to the 
        development of the consensus safety standards so that, 
        to the greatest extent practicable, such systems meet 
        consensus safety standards that may be accepted 
        pursuant to subsection (d).
          (8) Cost-benefit and risk analyses of consensus 
        safety standards that may be accepted pursuant to 
        subsection (d) for newly designed small unmanned 
        aircraft systems.
          (9) Applicability of consensus safety standards to 
        small unmanned aircraft systems that are not 
        commercially distributed, including home-built small 
        unmanned aircraft systems.
          (10) Any technology or standard related to small 
        unmanned aircraft systems that promotes aviation 
        safety.
          (11) Any category of unmanned aircraft systems that 
        should be exempt from the consensus safety standards 
        based on risk factors.
  (c) Consultation.--In developing recommendations for 
consensus safety standards under subsection (a), the Aviation 
Rulemaking Committee shall consult with--
          (1) unmanned aircraft systems stakeholders, including 
        manufacturers of varying sizes of unmanned aircraft;
          (2) community-based aviation organizations;
          (3) the Center of Excellence for Unmanned Aircraft 
        Systems;
          (4) each operator of a test site under section 44802;
          (5) the Administrator of the National Aeronautics and 
        Space Administration;
          (6) the Secretary of Defense; and
          (7) the leaders of appropriate standards development 
        organizations, including the President of RTCA, Inc. 
        and the Director of the National Institute for 
        Standards and Technology.
  (d) FAA Process for Acceptance and Authorization.--Not later 
than 180 days after the date of receipt of the recommendations 
under subsection (a)(2), the Administrator of the Federal 
Aviation Administration shall establish a process based on 
those recommendations for--
          (1) the acceptance by the Federal Aviation 
        Administration of consensus safety standards 
        recommended under subsection (a)(1);
          (2) permitting, authorizing, or the approving small 
        unmanned aircraft systems makes and models based upon 
        the consensus safety standards accepted under paragraph 
        (1);
          (3) the certification of a manufacturer of small 
        unmanned aircraft systems that has demonstrated 
        compliance with consensus safety standards accepted 
        under subsection (d)(1), which shall allow the 
        Administrator to enable the self-certification by a 
        manufacturer of small unmanned aircraft systems to the 
        standards; and
          (4) the certification of a manufacturer of small 
        unmanned aircraft systems, or an employee of such 
        manufacturer, that has demonstrated compliance with the 
        consensus safety standards developed under subsection 
        (a) and accepted under subsection (d)(1) and met any 
        other qualifying criteria, as determined by the 
        Administrator, to alternatively satisfy the 
        requirements of paragraph (2).
  (e) Nonapplicability of Other Laws.--The process for 
permitting, authorizing, or approving the operation of small 
unmanned aircraft systems under subsection (d) shall allow for 
operation of any applicable small unmanned aircraft systems 
within the national airspace system without requiring--
          (1) airworthiness certification requirements under 
        section 44704 of this title; and
          (2) type certification under parts 21 or 23 of title 
        14, Code of Federal Regulations.
  (f) Model Aircraft.--The standards accepted under subsection 
(d) shall be applicable to model aircraft operations authorized 
under section 44808.
  (g) Revocation.--The Administrator may revoke the permission, 
authorization, or approval in subsection (d) if the 
Administrator determines that the manufacturer is no longer in 
compliance with the standards accepted by the Administrator 
under subsection (d)(1).
  (h) Requirements.--With regard to a permit, authorization, or 
approval under the process in subsection (d), the Administrator 
may require a manufacturer of small unmanned aircraft systems 
to provide the FAA with the following:
          (1) The aircraft system's operating instructions.
          (2) The aircraft system's recommended maintenance and 
        inspection procedures.
          (3) The manufacturer's statement of compliance 
        described in subsection (i).
          (4) Upon request, a sample aircraft to be inspected 
        by the Federal Aviation Administration to ensure 
        compliance with the consensus safety standards accepted 
        by the Administrator under subsection (d).
  (i) Manufacturer's Statement of Compliance for Small UAS.--A 
manufacturer's statement of compliance shall--
          (1) identify the aircraft make and model, and any 
        applicable consensus safety standards used;
          (2) state that the aircraft make and model meets the 
        provisions of the consensus safety standards identified 
        in paragraph (1);
          (3) state that the aircraft make and model conforms 
        to the manufacturer's design data and is manufactured 
        in a way that ensures consistency across units in the 
        production process in order to meet the applicable 
        consensus safety standards accepted by the 
        Administrator;
          (4) state that the manufacturer will make available 
        to any interested person--
                  (A) the aircraft's operating instructions, 
                that meet the consensus safety standards 
                identified in paragraph (1); and
                  (B) the aircraft's recommended maintenance 
                and inspection procedures, that meet the 
                consensus safety standards identified in 
                paragraph (1);
          (5) state that the manufacturer will monitor safety-
        of-flight issues to ensure it meets the consensus 
        safety standards identified in paragraph (1);
          (6) state that at the request of the Administrator, 
        the manufacturer will provide reasonable access for the 
        Administrator to its facilities for the purposes of 
        overseeing compliance with this section; and
          (7) state that the manufacturer, in accordance with 
        testing requirements identified by the Federal Aviation 
        Administration, has--
                  (A) ground and flight tested random samples 
                of the aircraft;
                  (B) found the sample aircraft performance 
                acceptable; and
                  (C) determined that the make and model of 
                aircraft is suitable for safe operation.
  (j) Prohibitions.--
          (1) False statements of compliance.--It shall be 
        unlawful for any person to knowingly submit a statement 
        of compliance described in subsection (i) that is 
        materially false.
          (2) Introduction into interstate commerce.--It shall 
        be unlawful for any person to knowingly introduce or 
        deliver for introduction into interstate commerce any 
        small unmanned aircraft system for which standards 
        developed under subsection (d) are accepted and are 
        applicable, and are manufactured after the date that 
        the Administrator accepts any applicable safety 
        standards under this section unless--
                  (A) the make and model has been permitted, 
                authorized, or approved for operation under 
                subsection (d); or
                  (B) the aircraft has alternatively received 
                type, design, and production approval issued by 
                the Federal Aviation Administration.
  (k) Exclusions.--The Administrator shall exempt from the 
requirements of this section small unmanned aircraft systems 
that are not capable of navigating beyond the visual line of 
sight of the operator through advanced flight systems and 
technology, if the Administrator determines that such an 
exemption does not pose a risk to the safety of the national 
airspace system.

Sec. 44804. Small unmanned aircraft 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 small unmanned aircraft beyond the visual 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.--
          (1) In general.--Subject to paragraph (2), 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 for approving the use of a small unmanned 
        aircraft in the designated permanent areas in the 
        Arctic without regard to whether the small unmanned 
        aircraft is used as a public aircraft, a civil 
        aircraft, or a model aircraft.
          (2) Existing process.--The Secretary may implement an 
        existing process to meet the requirements under 
        paragraph (1).

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, 
        operation over people, and operation within or beyond 
        the 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, 2021.

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 2017 
        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 at an altitude of less than 400 
                feet above ground level.
                  (B) Operation with an airspeed of not greater 
                than 40 knots.
                  (C) Operation within the visual line of sight 
                of the operator.
                  (D) Operation during the hours between 
                sunrise and sunset.
                  (E) Operation not less than 5 statute miles 
                from the geographic center of an airport with 
                an operational air traffic control tower or an 
                airport denoted on a current aeronautical chart 
                published by the Federal Aviation 
                Administration, except that a micro unmanned 
                aircraft system may be operated within 5 
                statute miles of such an airport if the 
                operator of the system--
                          (i) provides notice to the airport 
                        operator; and
                          (ii) in the case of an airport with 
                        an operational air traffic control 
                        tower, receives approval from the air 
                        traffic control tower.
  (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 
        micro unmanned aircraft system.
          (2) Limitation.--The Administrator may only issue 
        regulations under this section for micro 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 a micro 
        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 micro 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 an operations and certification program 
for the operators of public unmanned aircraft systems 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 visual 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 2017 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 section 
        552a of title 5 (commonly known as the Privacy Act of 
        1974);
          (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 the 
        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, 
                including regulations and policies;
                  (E) the establishment of policies and 
                procedures, or confirmation that policies and 
                procedures exist, 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, 
                including 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) Federal Agency Coordination to Enhance the Public Health 
and Safety Capabilities of Public Unmanned Aircraft Systems.--
The Administrator shall assist and enable, without undue 
interference, Federal civilian government agencies that operate 
unmanned aircraft systems within civil-controlled airspace, in 
operationally deploying and integrating sense and avoid 
capabilities, as necessary to operate unmanned aircraft systems 
safely and effectively within the National Air Space.
  (f) 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.
  (g) Definition of Federal Agency.--In subsections (e) and 
(g), the term ``Federal agency'' has the meaning given the term 
``agency'' in section 552(f) of title 5.

Sec. 44808. Special rules for model aircraft

  (a) In General.--Except as provided in subsection (d), and 
notwithstanding any other provision of law relating to the 
incorporation of unmanned aircraft systems into Federal 
Aviation Administration plans and policies, including this 
chapter, the Administrator of the Federal Aviation 
Administration may not promulgate any new rule or regulation 
regarding an unmanned aircraft operating as a model aircraft or 
an unmanned aircraft being developed as a model aircraft if--
          (1) the aircraft is flown strictly for hobby or 
        recreational use;
          (2) the aircraft is operated in accordance with a 
        community-based set of safety guidelines and within the 
        programming of a nationwide community-based 
        organization;
          (3) not flown beyond the visual line of sight of 
        persons co-located with the operator or in direct 
        communication with the operator;
          (4) the aircraft is operated in a manner that does 
        not interfere with and gives way to any manned 
        aircraft;
          (5) when flown within 5 miles of an airport, the 
        operator of the aircraft provides the airport operator, 
        where applicable, and the airport air traffic control 
        tower (when an air traffic facility is located at the 
        airport) with prior notice of the operation (model 
        aircraft operators flying from a permanent location 
        within 5 miles of an airport should establish a 
        mutually agreed upon operating procedure with the 
        airport operator and the airport air traffic control 
        tower (when an air traffic facility is located at the 
        airport)), unless the Administrator determines approval 
        should be required;
          (6) the aircraft is flown from the surface to not 
        more than 400 feet in altitude, except under special 
        conditions and programs established by a community-
        based organization; and
          (7) the operator has passed an aeronautical knowledge 
        and safety test administered by the Federal Aviation 
        Administration online for the operation of unmanned 
        aircraft systems subject to the requirements of section 
        44809 or developed and administered by the community-
        based organization and maintains proof of test passage 
        to be made available to the Administrator or law 
        enforcement upon request.
  (b) Updates.--
          (1) In general.--The Administrator, in collaboration 
        with government and industry stakeholders, including 
        nationwide community-based organizations, shall 
        initiate a process to update the operational parameters 
        under subsection (a), as appropriate.
          (2) Considerations.--In updating an operational 
        parameter under paragraph (1), the Administrator shall 
        consider--
                  (A) appropriate operational limitations to 
                mitigate aviation safety risk and risk to the 
                uninvolved public;
                  (B) operations outside the membership, 
                guidelines, and programming of a nationwide 
                community-based organization;
                  (C) physical characteristics, technical 
                standards, and classes of aircraft operating 
                under this section;
                  (D) trends in use, enforcement, or incidents 
                involving unmanned aircraft systems; and
                  (E) ensuring, to the greatest extent 
                practicable, that updates to the operational 
                parameters correspond to, and leverage, 
                advances in technology.
          (3) Savings clause.--Nothing in this subsection shall 
        be construed as expanding the authority of the 
        Administrator to require operators of model aircraft 
        under the exemption of this subsection to be required 
        to seek permissive authority of the Administrator prior 
        to operation in the national airspace system.
  (c) Statutory Construction.--Nothing in this section shall be 
construed to limit the authority of the Administrator to pursue 
enforcement action against persons operating model aircraft.
  (d) Exceptions.--The Administrator may promulgate rules 
relating to the registration and marking of model aircraft.
  (e) 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 less 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;
          (3) the individual is a holder of an airmen 
        certificate issued under section 44703; or
          (4) the individual is operating a model aircraft or 
        an unmanned aircraft being developed as a model 
        aircraft under section 44808 and has successfully 
        completed an aeronautical knowledge and safety test in 
        accordance with the community-based organizations 
        safety program described in that section.
  (b) Exception.--This section shall not apply to the operation 
of an unmanned aircraft system that has been authorized by the 
Federal Aviation Administration under section 44802, 44805, 
44806, or 44807. The Administrator may waive the requirements 
of this section for operators of aircraft weighing less than 
0.55 pounds or for operators under the age of 13 operating the 
unmanned aircraft system under the supervision of an adult as 
determined by the Administrator.
  (c) Aeronautical Knowledge and Safety Test.--Not later than 
180 days after the date of enactment of the Federal Aviation 
Administration Reauthorization Act of 2017, 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. Airport safety and airspace hazard mitigation and 
                    enforcement

  (a) Authority.--The Administrator of the Federal Aviation 
Administration shall work with the Secretary of Defense, the 
Secretary of Homeland Security, and the heads of other relevant 
Federal departments and agencies for the purpose of ensuring 
that technologies or systems that are developed, tested, or 
deployed by Federal departments and agencies to detect and 
mitigate potential threats posed by errant or hostile unmanned 
aircraft system operations do not adversely impact or interfere 
with safe airport operations, navigation, air traffic services, 
or the safe and efficient operation of the national airspace 
system.
  (b) Plan.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Federal Aviation 
        Administration Reauthorization Act of 2017, the 
        Administrator shall develop a plan for the 
        certification, permitting, authorizing, or allowing of 
        the deployment of technologies or systems for the 
        detection and mitigation of unmanned aircraft systems.
          (2) Contents.--The plan shall include the development 
        of policies, procedures, or protocols that will allow 
        appropriate officials of Federal, State, or local 
        agencies requesting to utilize such technologies or 
        systems to take steps to detect and mitigate potential 
        airspace safety threats posed by unmanned aircraft 
        system operations.
          (3) Aviation rulemaking advisory committee.--The 
        Administrator may charter an aviation rulemaking 
        advisory committee to make recommendations for such a 
        plan and any standards that the Administrator 
        determines may need to be developed with respect to 
        such technologies or systems. The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to an 
        aviation rulemaking advisory committee chartered under 
        this paragraph.
  (c) Airspace Hazard Mitigation Program.--In order to test and 
evaluate technologies or systems to detect and mitigate 
potential airspace safety threats posed by unmanned aircraft 
system operations, the Administrator shall deploy such 
technologies or systems at 5 airports.
  (d) Authority.--Under the testing and evaluation in 
subsection (c), the Administrator may use unmanned aircraft 
detection and mitigation systems to detect and mitigate the 
unauthorized operation of an unmanned aircraft that poses a 
risk to airspace safety. Utilization of such technologies or 
systems, and the communications sent using such technologies 
and systems to unmanned aircraft systems, shall be regarded as 
equivalent to separation instructions to pilots of manned 
aircraft.
  (e) AIP Funding Eligibility.--Upon the certification, 
permitting, authorizing, or allowing of such technologies and 
systems that have been successfully tested under this section, 
an airport sponsor may apply for a grant under subchapter I of 
chapter 471 to purchase an unmanned aircraft detection and 
mitigation system. For purposes of this subsection, purchasing 
an unmanned aircraft detection and mitigation system shall be 
considered airport development (as defined in section 47102).
  (f) Report.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Federal Aviation Administration 
        Reauthorization Act of 2017, and annually thereafter, 
        the Administrator shall submit to the appropriate 
        committees of Congress a report on the implementation 
        of this section, including the testing and evaluation 
        of detection and mitigation systems under this section.
          (2) Contents.--The report under paragraph (1) shall 
        include the following:
                  (A) The number of unauthorized unmanned 
                aircraft operations detected, together with a 
                description of such operations.
                  (B) The number of instances in which 
                unauthorized unmanned aircraft were mitigated, 
                together with a description of such instances.
                  (C) The number of enforcement cases brought 
                by the Federal Aviation Administration for 
                unauthorized operation of unmanned aircraft 
                detected through the program, together with a 
                description of such cases.
                  (D) The number of any technical failures in 
                the program, together with a description of 
                such failures.
                  (E) Recommendations for safety and 
                operational standards for unmanned aircraft 
                detection and mitigation systems.
          (3) Format.--To the extent practicable, the report 
        prepared under paragraph (1) shall be submitted in a 
        classified format. If appropriate, the report may 
        include an unclassified summary.
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated from the Airport and Airway Trust Fund to carry 
out this section $6,000,000 for each of fiscal years 2018 
through 2021, to remain available until expended.
  (h) Applicability of Other Laws.--Section 32 of title 18, 
United States Code (commonly known as the Aircraft Sabotage 
Act), section 1031 of title 18, United States Code (commonly 
known as the Computer Fraud and Abuse Act of 1986), sections 
2510-2522 of title 18, United States Code (commonly known as 
the Wiretap Act), and sections 3121-3127 of title 18, United 
States Code (commonly known as the Pen/Trap Statute), shall not 
apply to any activity authorized by the Administrator pursuant 
to this section.
  (i) Sunset.--This section ceases to be effective September 
30, 2021.

Sec. 44811. Carriage of property by small unmanned aircraft systems for 
                    compensation or hire

  (a) In General.--Not later than 1 year after the date of 
enactment of the Federal Aviation Administration 
Reauthorization Act of 2017, 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 amend part 298 of title 14, Code of 
        Federal Regulations, to establish an additional class 
        of air carrier 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.
          (4) Availability of current certification 
        processes.--Pending completion of the rulemaking 
        required in subsection (a) of this section, a person 
        may seek an air carrier operating certificate and 
        certificate of public convenience and necessity, or an 
        exemption from such certificate, using existing 
        processes.

Sec. [2203] 44812. Safety statements

  (a) Required Information.--Beginning on the date that is 1 
year after the date of publication of the guidance under 
subsection (b)(1), a manufacturer of a small unmanned aircraft 
shall make available to the owner at the time of delivery of 
the small unmanned aircraft the safety statement described in 
subsection (b)(2).
  (b) Safety Statement.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of [this Act] the FAA Extension Safety and 
        Security Act of 2016, the Administrator of the Federal 
        Aviation Administration shall issue guidance for 
        implementing this section.
          (2) Requirements.--A safety statement required under 
        subsection (a) shall include--
                  (A) information about, and sources of, laws 
                and regulations applicable to small unmanned 
                aircraft;
                  (B) recommendations for using small 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 small 
                        unmanned aircraft as a model aircraft 
                        (as defined in [section 336 of the FAA 
                        Modernization and Reform Act of 2012 
                        (49 U.S.C. 40101 note)] section 44808) 
                        or otherwise in accordance with Federal 
                        Aviation Administration authorization 
                        or regulation, including requirements 
                        for the completion of any applicable 
                        airman test.
                          (ii) The definition of a model 
                        aircraft under [section 336 of the FAA 
                        Modernization and Reform Act of 2012 
                        (49 U.S.C. 40101 note) section 44808].
                          (iii) The requirements regarding the 
                        operation of a model aircraft under 
                        [section 336 of the FAA Modernization 
                        and Reform Act of 2012 (49 U.S.C. 40101 
                        note) section 44808].
                          (iv) The Administrator 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) of 
title 49, United States Code.

Sec. [2207] 44813. Emergency exemption process

  (a) In General.--Not later than 90 days after the date of 
enactment of [this Act] the FAA Extension Safety and Security 
Act of 2016, the Administrator of the Federal Aviation 
Administration shall publish guidance for applications for, and 
procedures for the processing of, on an emergency basis, 
exemptions or certificates of authorization or waiver for the 
use of unmanned aircraft systems by civil or public operators 
in response to a catastrophe, disaster, or other emergency to 
facilitate emergency response operations, such as firefighting, 
search and rescue, and utility and infrastructure restoration 
efforts. In processing such applications, the Administrator 
shall give priority to applications for public unmanned 
aircraft systems engaged in emergency response activities.
  (b) Requirements.--In providing guidance under subsection 
(a), the Administrator shall--
          (1) make explicit any safety requirements that must 
        be met for the consideration of applications that 
        include requests for beyond visual line of sight or 
        nighttime operations, or the suspension of otherwise 
        applicable operating restrictions, consistent with 
        public interest and safety; and
          (2) explicitly state the procedures for coordinating 
        with an incident commander, if any, to ensure 
        operations granted under procedures developed under 
        subsection (a) do not interfere with other emergency 
        response efforts.
  (c) Review.--In processing applications on an emergency basis 
for exemptions or certificates of authorization or waiver for 
unmanned aircraft systems operations in response to a 
catastrophe, disaster, or other emergency, the Administrator 
shall act on such applications as expeditiously as practicable 
and without requiring public notice and comment.

Sec. [2209] 44814. Applications for designation

  (a) Applications for Designation.--Not later than 180 days 
after the date of enactment of [this Act] the FAA Extension 
Safety and Security Act of 2016, the Secretary of 
Transportation shall establish a process to allow applicants to 
petition the Administrator of the Federal Aviation 
Administration to prohibit or restrict the operation of an 
unmanned aircraft in close proximity to a fixed site facility.
  (b) Review Process.--
          (1) Application procedures.--
                  (A) In general.--The Administrator shall 
                establish the procedures for the application 
                for designation under subsection (a).
                  (B) Requirements.--The procedures shall allow 
                operators or proprietors of fixed site 
                facilities to apply for designation 
                individually or collectively.
                  (C) Considerations.--Only the following may 
                be considered fixed site facilities:
                          (i) Critical infrastructure, such as 
                        energy production, transmission, and 
                        distribution facilities and equipment.
                          (ii) Oil refineries and chemical 
                        facilities.
                          (iii) Amusement parks.
                          (iv) Other locations that warrant 
                        such restrictions.
          (2) Determination.--
                  (A) In general.--The Secretary shall provide 
                for a determination under the review process 
                established under subsection (a) not later than 
                90 days after the date of application, unless 
                the applicant is provided with written notice 
                describing the reason for the delay.
                  (B) Affirmative designations.--An affirmative 
                designation shall outline--
                          (i) the boundaries for unmanned 
                        aircraft operation near the fixed site 
                        facility; and
                          (ii) such other limitations that the 
                        Administrator determines may be 
                        appropriate.
                  (C) Considerations.--In making a 
                determination whether to grant or deny an 
                application for a designation, the 
                Administrator may consider--
                          (i) aviation safety;
                          (ii) protection of persons and 
                        property on the ground;
                          (iii) national security; or
                          (iv) homeland security.
                  (D) Opportunity for resubmission.--If an 
                application is denied, and the applicant can 
                reasonably address the reason for the denial, 
                the Administrator may allow the applicant to 
                reapply for designation.
  (c) Public Information.--Designations under subsection (a) 
shall be published by the Federal Aviation Administration on a 
publicly accessible website.
  (d) Savings Clause.--Nothing in this section may be construed 
as prohibiting the Administrator from authorizing operation of 
an aircraft, including an unmanned aircraft system, over, 
under, or within a specified distance from that fixed site 
facility designated under subsection (b).

Sec. [2210] 44815. Operations associated with critical infrastructure

  (a) In General.--Any application process established under 
[section 333 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note)] section 44805 shall allow for a person 
to apply to the Administrator of the Federal Aviation 
Administration to operate an unmanned aircraft system, for 
purposes of conducting an activity described in subsection 
(b)--
          (1) beyond the visual line of sight of the individual 
        operating the unmanned aircraft system; and
          (2) during the day or at night.
  (b) Activities Described.--The activities described in this 
subsection are--
          (1) activities for which manned aircraft may be used 
        to comply with Federal, State, or local laws, 
        including--
                  (A) activities to ensure compliance with 
                Federal or State regulatory, permit, or other 
                requirements, including to conduct surveys 
                associated with applications for permits for 
                new pipeline or pipeline systems construction 
                or maintenance or rehabilitation of existing 
                pipelines or pipeline systems; and
                  (B) activities relating to ensuring 
                compliance with--
                          (i) parts 192 and 195 of title 49, 
                        Code of Federal Regulations; and
                          (ii) the requirements of any Federal, 
                        State, or local governmental or 
                        regulatory body, or industry best 
                        practice, pertaining to the 
                        construction, ownership, operation, 
                        maintenance, repair, or replacement of 
                        covered facilities;
          (2) activities to inspect, repair, construct, 
        maintain, or protect covered facilities, including for 
        the purpose of responding to a pipeline, pipeline 
        system, or electric energy infrastructure incident; and
          (3) activities in response to or in preparation for a 
        natural disaster, manmade disaster, severe weather 
        event, or other incident beyond the control of the 
        applicant that may cause material damage to a covered 
        facility.
  (c) Definitions.--In this section, the following definitions 
apply:
          (1) Covered facility.--The term ``covered facility'' 
        means--
                  (A) a pipeline or pipeline system;
                  (B) an electric energy generation, 
                transmission, or distribution facility 
                (including a renewable electric energy 
                facility);
                  (C) an oil or gas production, refining, or 
                processing facility; or
                  (D) any other critical infrastructure 
                facility.
          (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in 
        section 2339D of title 18[, United States Code].
  (d) Deadlines.--
          (1) Certification to congress.--Not later than 90 
        days after the date of enactment of [this Act] the FAA 
        Extension Safety and Security Act of 2016, the 
        Administrator shall submit to the appropriate 
        committees of Congress a certification that a process 
        has been established to facilitate applications for 
        unmanned aircraft systems operations described in this 
        section.
          (2) Failure to meet certification deadline.--If the 
        Administrator cannot provide a certification under 
        paragraph (1), the Administrator, not later than 180 
        days after the deadline specified in paragraph (1), 
        shall update the process under [section 333 of the FAA 
        Modernization and Reform Act of 2012 (49 U.S.C. 40101 
        note)] section 44805 to facilitate applications for 
        unmanned aircraft systems operations described in this 
        section.
  (e) Exemptions.--In addition to the operations described in 
this section, the Administrator may authorize, exempt, or 
otherwise allow other unmanned aircraft systems operations 
under [section 333 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 40101 note)] section 44805 that are conducted 
beyond the visual line of sight of the individual operating the 
unmanned aircraft system or during the day or at night.

Sec. 44816. Unmanned aircraft systems in restricted buildings or 
                    grounds

  (a) In General.--It shall be unlawful to knowingly operate an 
unmanned aircraft system with the intent for such unmanned 
aircraft system to enter or operate within or above a 
restricted building or grounds (as defined in section 1752 of 
title 18) and to impede or disrupt the orderly conduct of 
Government business or official functions.
  (b) Penalty.--Any person who violates subsection (a) shall 
be--
          (1) fined under title 18, imprisoned for not more 
        than 10 years, or both, if--
                  (A) a deadly or dangerous weapon or firearm 
                is affixed to the unmanned aircraft system; or
                  (B) the offense results in significant bodily 
                injury, as defined in section 2118 of title 18; 
                or
          (2) fined under title 18, imprisoned for not more 
        than 1 year, or both, in any other case.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                           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.
  (b) * * *

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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

              CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS

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

  (a) * * *
  (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.

                        TITLE 49. TRANSPORTATION


                    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.
  (7) Penalties Relating to Harm to Passengers With 
Disabilities.--
          (A) Penalty for bodily harm or damage to wheelchair 
        or other mobility aid.--The amount of a civil penalty 
        assessed under this section for a violation of section 
        41705 that involves damage to a passenger's wheelchair 
        or other mobility aid or injury to a passenger with a 
        disability may be increased above the otherwise 
        applicable maximum amount under this section for a 
        violation of section 41705 to an amount not to exceed 3 
        times the maximum penalty otherwise allowed.
          (B) Each act constitutes separate offense.--
        Notwithstanding paragraph (2), a separate violation of 
        section 41705 occurs for each act of discrimination 
        prohibited by that section.
  (b) * * *
  (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) * * *

Sec. 46320. Interference with wildfire suppression, law enforcement, or 
                    emergency response effort by operation of unmanned 
                    aircraft

  (a) In General.--Except as provided in subsection (b), an 
individual who operates an unmanned aircraft and in so doing 
knowingly or recklessly interferes with a wildfire suppression, 
law enforcement, or emergency response effort, including 
helicopter air ambulance operations, is liable to the United 
States Government for a civil penalty of not more than $20,000.
  (b) * * *

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                 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] 
                7505a)) and if 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.
                  (P) planning, acquiring, or constructing at 
                an airport designated as a disaster relief 
                airport under section 47132, including--
                          (i) planning for disaster 
                        preparedness associated with 
                        maintaining airport operations during a 
                        natural disaster;
                          (ii) airport communication equipment 
                        and fixed emergency generators that are 
                        not able to be acquired by programs 
                        funded under the Department of Homeland 
                        Security; and
                          (iii) constructing, expanding, and 
                        improving airfield infrastructure to 
                        include aprons and terminal buildings 
                        the Secretary determines will 
                        facilitate disaster response at the 
                        airport.
          (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 most 
        recently published National Plan of Integrated Airport 
        Systems (NPIAS) report.
          [(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 similar 
        accommodation that--
                  (A) provides a location for an individual to 
                express breast milk that is shielded from view 
                and free from intrusion;
                  (B) has a door that can be locked by the 
                individual;
                  (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 most recently published 
        National Plan of Integrated Airport Systems (NPIAS) 
        report 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 [September 30, 2017] 
September 30, 2021, 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. 47105. Project grant applications

  (a) * * *
  (c) State Standards for Airport Development.--
          (1) In general.--The Secretary may approve standards 
        (except standards for safety of approaches) that a 
        State prescribes for airport development at nonprimary 
        public-use airports in the State. On approval under 
        this subsection, a State's standards apply to the 
        nonprimary public-use airports in the State instead of 
        the comparable standards prescribed by the Secretary 
        under subsection (b)(3) of this section. The Secretary, 
        or the State with the approval of the Secretary, may 
        revise standards approved under this subsection.
          (2) Pavement standards.--
                  (A) Technical assistance.--At the request of 
                a State, the Secretary shall, not later than 30 
                days after the date of the request, provide 
                technical assistance to the State in developing 
                standards, acceptable to the Secretary under 
                subparagraph (B), for pavement on nonprimary 
                public-use airports in the State.
                  (B) Requirements.--The Secretary shall--
                          (i) continue to provide technical 
                        assistance under subparagraph (A) until 
                        the standards are approved under 
                        paragraph (1); and
                          (ii) clearly indicate to the State 
                        the standards that are acceptable to 
                        the Secretary, considering, at a 
                        minimum, local conditions and locally 
                        available materials.
  (d) * * *

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 
        section 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.
  (b) * * *

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 hub airport or large 
        hub airport, the airport owner or operator will 
        maintain a lactation area in each passenger terminal 
        building of the commercial service airport in the 
        sterile area (as defined in section 1540.5 of title 49, 
        Code of Federal Regulations) of the building.
  (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.
  (c) * * *
  (u) Construction, Repair, and Restoration 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 sponsor'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 to be operated under 
                appropriate regulations under title 14 of the 
                Code of Federal Regulations; 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).]
          (5) 95 percent for a project at an airport for which 
        the United States Government's share would otherwise be 
        capped at 90 percent under paragraph (2) or paragraph 
        (3) if the Administrator determines that the project is 
        a successive phase of a multi-phased construction 
        project for which the sponsor received a grant in 
        fiscal year 2011 or earlier.
  (b) * * *
  (g) Cost Share.--
          (1) In general.--Subject to paragraph (2), the 
        Government's share of allowable project costs may be 
        increased by the Administrator to 95 percent for a 
        project at an airport that is categorized as a basic or 
        unclassified airport in the most recently published 
        National Plan of Integrated Airport Systems (NPIAS) 
        report.
          (2) Multi-year projects.--If an airport sponsor has 
        an approved multi-year project, approved by the 
        Administrator, and the airport is recategorized above 
        basic category, the cost share for that project shall 
        remain at the cost share specified in paragraph (1) for 
        the duration of the project.

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.
  (c) * * *

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;]
          (1) ``small business concern''--
                  (A) has the meaning given the term in section 
                3 of the Small Business Act (15 U.S.C. 632); 
                but
                  (B) in the case of a concern in the 
                construction industry, a concern shall be 
                considered a small business concern if the 
                concern meets the size standard for the North 
                American Industry Classification System Code 
                237310, as adjusted by the Small Business 
                Administration;
          (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)).
  (b) * * *

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 year 2017.--
                Notwithstanding subparagraph (A), the Secretary 
                shall apportion to a sponsor of an airport 
                under that subparagraph for fiscal year 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 2017 under subparagraph 
                        (A); and
                          [(iii) had scheduled air service at 
                        any point during the calendar year used 
                        to calculate the apportionment for 
                        fiscal year 2017 under subparagraph 
                        (A).]
                  (F) Special rule for fiscal years 2017 
                through 2021.--Notwithstanding subparagraph (A) 
                and subject to subparagraph (G), the Secretary 
                shall apportion to a sponsor of an airport 
                under that subparagraph for each of fiscal 
                years 2017 through 2021 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 2017, 2018, 2019, 2020, or 
                        2021, as applicable, under subparagraph 
                        (A); and
                          (iii) had scheduled air service at 
                        any point in the calendar year used to 
                        calculate the apportionment.
                  (G) Limitations and waivers.--The authority 
                to make apportionments in the manner prescribed 
                in subparagraph (F) may be utilized no more 
                than 3 years in a row. The Secretary may waive 
                this limitation if the Secretary determines 
                that an airport's enplanements are 
                substantially close to 10,000 enplanements and 
                the airport sponsor or affected communities are 
                taking reasonable steps to restore enplanements 
                above 10,000.
                  (H) Minimum apportionment for commercial 
                service airports with more than 8,000 passenger 
                boardings in a calendar year.--Not less than 
                $600,000 may be apportioned under subparagraph 
                (A) for each fiscal year to each sponsor of a 
                commercial service airport that had fewer than 
                10,000 passenger boardings, but at least 8,000 
                passenger boardings, during the prior calendar 
                year.
          (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.
  (d) Amounts Apportioned for General Aviation Airports.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Area.--The term ``area'' includes land 
                and water.
                  (B) Population.--The term ``population'' 
                means the population stated in the latest 
                decennial census of the United States.
          (2) Apportionment.--Except as provided in paragraph 
        (3), the Secretary shall apportion to the States 18.5 
        percent of the amount subject to apportionment for each 
        fiscal year as follows:
                  (A) 0.66 percent of the apportioned amount to 
                Guam, American Samoa, the Northern Mariana 
                Islands, and the Virgin Islands.
                  (B) Except as provided in paragraph (4), 
                49.67 percent of the apportioned amount for 
                airports, excluding primary airports but 
                including reliever and nonprimary commercial 
                service airports, in States not named in 
                subparagraph (A) in the proportion that the 
                population of each of those States bears to the 
                total population of all of those States.
                  (C) Except as provided in paragraph (4), 
                49.67 percent of the apportioned amount for 
                airports, excluding primary airports but 
                including reliever and nonprimary commercial 
                service airports, in States not named in 
                subparagraph (A) in the proportion that the 
                area of each of those States bears to the total 
                area of all of those States.
          (3) Special rule.--In any fiscal year in which the 
        total amount made available under section 48103 is 
        $3,200,000,000 or more, rather than making an 
        apportionment under paragraph (2), the Secretary shall 
        apportion 20 percent of the amount subject to 
        apportionment for each fiscal year as follows:
                  (A) Not less than $25,000,000 to airports 
                designated as disaster relief airports under 
                section 47132 to enhance the ability of such 
                airports to aid in disaster relief, including 
                through funding for airport development 
                described in section 47102(3)(P).
                  [(A)](B) [To each airport]  Subject to 
                subparagraph (A), to each airport, excluding 
                primary airports but including reliever and 
                nonprimary commercial service airports, in 
                States the lesser of--
                          (i) $150,000; or
                          (ii) 1/5 of the most recently 
                        published estimate of the 5-year costs 
                        for airport improvement for the 
                        airport, as listed in the national plan 
                        of integrated airport systems developed 
                        by the Federal Aviation Administration 
                        under section 47103.
                  [(B)](C) Any remaining amount to States as 
                follows:
                          (i) 0.62 percent of the remaining 
                        amount to Guam, American Samoa, the 
                        Commonwealth of the Northern Mariana 
                        Islands, and the Virgin Islands.
                          (ii) Except as provided in paragraph 
                        (4), 49.69 percent of the remaining 
                        amount for airports, excluding primary 
                        airports but including reliever and 
                        nonprimary commercial service airports, 
                        in States not named in clause (i) in 
                        the proportion that the population of 
                        each of those States bears to the total 
                        population of all of those States.
                          (iii) Except as provided in paragraph 
                        (4), 49.69 percent of the remaining 
                        amount for airports, excluding primary 
                        airports but including reliever and 
                        nonprimary commercial service airports, 
                        in States not named in clause (i) in 
                        the proportion that the area of each of 
                        those States bears to the total area of 
                        all of those States.
          (4) Airports in alaska, puerto rico, and hawaii.--An 
        amount apportioned under paragraph (2) or (3) to 
        Alaska, Puerto Rico, or Hawaii for airports in such 
        State may be made available by the Secretary for any 
        public airport in those respective jurisdictions.
          (5) Use of state highway specifications.--
                  (A) In general.--The Secretary may permit the 
                use of State highway specifications for 
                airfield pavement construction using funds made 
                available under this subsection at nonprimary 
                airports with runways of 5,000 feet or shorter 
                serving aircraft that do not exceed 60,000 
                pounds gross weight if the Secretary determines 
                that--
                          (i) safety will not be negatively 
                        affected; and
                          (ii) the life of the pavement will 
                        not be shorter than it would be if 
                        constructed using Administration 
                        standards.
                  (B) Limitation.--An airport may not seek 
                funds under this subchapter for runway 
                rehabilitation or reconstruction of any such 
                airfield pavement constructed using State 
                highway specifications for a period of 10 years 
                after construction is completed unless the 
                Secretary determines that the rehabilitation or 
                reconstruction is required for safety reasons.
          (6) Integrated airport system planning.--
        Notwithstanding any other provision of this subsection, 
        funds made available under this subsection may be used 
        for integrated airport system planning that encompasses 
        one or more primary airports.
          (7) Eligibility to receive primary airport minimum 
        apportionment amount.--Notwithstanding any other 
        provision of this subsection, the Secretary may 
        apportion to an airport sponsor in a fiscal year an 
        amount equal to the minimum apportionment available 
        under subsection (c)(1)(B) if the Secretary finds that 
        the airport--
                  (A) received scheduled or unscheduled air 
                service from a large certificated air carrier 
                (as defined in part 241 of title 14, Code of 
                Federal Regulations, or such other regulations 
                as may be issued by the Secretary under the 
                authority of section 41709) in the calendar 
                year used to calculate the apportionment; and
                  (B) had more than 10,000 passenger boardings 
                in the calendar year used to calculate the 
                apportionment.
  (e) * * *

Sec. 47115. Discretionary fund

  (a) * * *
  [(i) Considerations for Projects 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 [2017] 2021, 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

  (a) Grant Purpose.--Except as provided in this section, an 
amount apportioned under section 47114(c)(1) or (d)(2) of this 
title is available for making grants for any purpose for which 
amounts are made available under section 48103 of this title.
  (b) Period of Availability.--An amount apportioned under 
section 47114 of this title is available to be obligated for 
grants under the apportionment only during the fiscal year for 
which the amount was apportioned and the 2 fiscal years 
immediately after that year or the [3] 4 fiscal years 
immediately following that year in the case of a nonhub airport 
or any airport that is not a commercial service airport. If the 
amount is not obligated under the apportionment within that 
time, it shall be added to the discretionary fund.
  (c) * * *
  (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.
                  (D) All amounts subject to apportionment for 
                a fiscal year that are not apportioned under 
                section 47114(d), for grants to sponsors of 
                general aviation airports, reliever airports, 
                or nonprimary commercial service airports.
          (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.
  (f) * * *

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] directly related to--
                          (i) 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]; or
                          (ii) installing security cameras in 
                        the public area of the interior and 
                        exterior of the terminal; 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 in 1 or more 
        passenger terminal buildings at a commercial service 
        airport.
  (b) * * *

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 or 
                        remote airport traffic control tower 
                        certified by the Federal Aviation 
                        Administration, 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 2017 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, including remote airport 
                                traffic control tower equipment 
                                certified by the Federal 
                                Aviation Administration; 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, including remote airport 
                                traffic control tower equipment 
                                certified by the Federal 
                                Aviation Administration.
                  (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 2017, 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 
        2017, 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 section 47124.
          (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 Fairness for Pilots Act, the 
        Administrator shall promulgate regulations or guidance 
        to ensure compliance with this section.
          (2) Compliance by contractors.--
                  (A) In general.--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 Fairness for Pilots Act.
                  (B) Nonapplicability.--Subparagraph (A) shall 
                not apply to any contract or agreement in 
                effect on the date of enactment of the Fairness 
                for Pilots Act 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 2018 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.
  (b) * * *

Sec. 47132. Disaster relief airports

  (a) Designation.--
          (1) In general.--The Secretary of Transportation 
        shall designate as a disaster relief airport an airport 
        that--
                  (A) is categorized as a regional reliever 
                airport in the most recently published National 
                Plan of Integrated Airport Systems (NPIAS) 
                report;
                  (B) is within a reasonable distance, as 
                determined by the Secretary, of a hospital or 
                transplant or trauma center;
                  (C) is in a region that the Secretary 
                determines under subsection (b) is prone to 
                natural disasters;
                  (D) has at least 1 paved runway with not less 
                than 3,400 feet of useable length capable of 
                supporting aircraft up to 12,500 pounds;
                  (E) has aircraft maintenance or servicing 
                facilities at the airport able to provide 
                aircraft fueling and light maintenance 
                services; and
                  (F) has adequate taxiway and ramp space to 
                accommodate single engine or light multi-engine 
                aircraft simultaneously for loading and 
                unloading of supplies.
          (2) Designation in states without qualifying 
        airports.--If fewer than 3 airports described in 
        paragraph (1) are located in a State, the Secretary, in 
        consultation with aviation officials of that State, 
        shall designate not more than 3 general aviation 
        airports in that State as a disaster relief airport 
        under this section.
  (b) Prone to Natural Disasters.--
          (1) In general.--For the purposes of subsection 
        (a)(1)(C), a region is prone to natural disasters if--
                  (A) in the case of earthquakes, there is not 
                less than a 50 percent probability that an 
                earthquake of magnitude 6 or above will occur 
                in the region within 30 years, according to the 
                United States Geological Survey; or
                  (B) in the case of other types of natural 
                disasters, the President has declared more than 
                5 major disasters in the region under section 
                401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170), 
                according to the most recent map of the Federal 
                Emergency Management Agency.
          (2) Natural disaster defined.--For the purposes of 
        this section, the term ``natural disaster'' includes a 
        hurricane, tornado, severe storm, high water, wind-
        driven water, tidal wave, tsunami, earthquake, volcanic 
        eruption, landslide, mudslide, snowstorm, drought, or 
        wildfire.
  (c) Requirements.--
          (1) Operation and maintenance.--
                  (A) In general.--A disaster relief airport 
                and the facilities and fixed-based operators on 
                or connected with the airport shall be operated 
                and maintained in a manner the Secretary 
                consider suitable for disaster relief.
                  (B) Exclusion.--A disaster relief airport 
                shall not be considered to be in violation of 
                subparagraph (A) if a runway is unuseable 
                because the runway is under scheduled 
                maintenance or is in need of necessary repairs.
          (2) Compliance with assurances on airport 
        operations.--A disaster relief airport shall comply 
        with the provisions of section 47107 without regard 
        whether the airport has received a project grant under 
        this subchapter.
          (3) Natural disaster management plan.--A disaster 
        relief airport shall develop an emergency natural 
        disaster management plan in coordination with local 
        emergency response teams and first responders.
  (d) Civil Penalty.--A public agency that knowingly violates 
this section shall be liable to the United States Government 
for a civil penalty of not more than $10,000 for each day of 
the violation.
  (e) Consideration for Project Grants.--The Secretary shall 
give consideration to the role an airport plays in disaster 
relief when determining whether to provide a grant for the 
airport under this subchapter.
  (f) Applicability of Other Laws.--This section shall apply 
notwithstanding any other law, including regulations and 
agreements.

Sec. 47133. Restriction on use of revenues

  (a) * * *
  (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 2017, 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

  (a) * * *
  (f) Sunset.--This section shall not be in effect after 
[September 30, 2017] September 30, 2021.

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)] subsection (c) 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) Progress Reports.--
          (1) Initial report.--Not later than 60 days after the 
        date of enactment of the Federal Aviation 
        Administration Reauthorization Act of 2017, the 
        Secretary of Transportation shall submit a report to 
        the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives that 
        includes, with respect to a pending application for a 
        grant under subsection (a), what actions the Secretary 
        is taking to expedite the implementation of immediate 
        steps that are determined necessary to ensure the 
        safety and operational benefits of operations at the 
        airport.
          (2) Final report.--Not later than 180 days after the 
        date of enactment of the Federal Aviation 
        Administration Reauthorization Act of 2017, the 
        Secretary of Transportation shall--
                  (A) make a final determination on whether to 
                award a pending application for a grant under 
                subsection (a) to an airport described in 
                subsection (c); or
                  (B) if the Secretary determines not to award 
                a grant or a determination is not made under 
                subparagraph (A), submit a report to the 
                committees referred to in paragraph (1) that 
                includes, with respect to such grant and 
                airport--
                          (i) the steps that have been taken by 
                        the Secretary to determine whether an 
                        airport meets the description for grant 
                        eligibility;
                          (ii) the factors that the Secretary 
                        is considering in determining whether 
                        there is a demonstrated need to improve 
                        a runway safety area;
                          (iii) the factors the Secretary is 
                        considering in determining whether 
                        repairing, replacing, or improving the 
                        runway safety area is reasonable in 
                        relation to the anticipated safety and 
                        operational benefit of such repair, 
                        replacement, or improvement, 
                        respectively; and
                          (iv) when the Secretary will 
                        determine whether such grant will be 
                        awarded.
  [(b)](c) 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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                 PART B. AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471. AIRPORT DEVELOPMENT

                   SUBCHAPTER I. AIRPORT IMPROVEMENT

Sec. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

  (a) * * *
  (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 [October 1, 2017] October 1, 
        2021.
  (s) * * *

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                 PART B. AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471. AIRPORT DEVELOPMENT

           SUBCHAPTER III. AVIATION DEVELOPMENT STREAMLINING

Sec. 47171. Expedited, coordinated environmental review process

  (a) Aviation Project Review Process.--The Secretary of 
Transportation shall develop and implement an expedited and 
coordinated environmental review process for airport capacity 
enhancement projects at congested airports, general aviation 
airport construction or improvement projects, aviation safety 
projects, and aviation security projects that--
          (1) provides for better coordination among the 
        Federal, regional, State, and local agencies concerned 
        with the preparation of environmental impact statements 
        or environmental assessments under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.);
          (2) provides that all environmental reviews, 
        analyses, opinions, permits, licenses, and approvals 
        that must be issued or made by a Federal agency or 
        airport sponsor for such a project will be conducted 
        concurrently, to the maximum extent practicable; and
          (3) provides that any environmental review, analysis, 
        opinion, permit, license, or approval that must be 
        issued or made by a Federal agency or airport sponsor 
        for such a project will be completed within a time 
        period established by the Secretary, in cooperation 
        with the agencies identified under subsection (d) with 
        respect to the project.
  (b) Aviation Projects Subject to a Streamlined Environmental 
Review Process.--
          (1) Airport capacity enhancement projects at 
        congested airports.--An airport capacity enhancement 
        project at a congested airport shall be subject to the 
        coordinated and expedited environmental review process 
        requirements set forth in this section.
          (2) General aviation airport construction or 
        improvement project.--A general aviation airport 
        construction or improvement project shall be subject to 
        the coordinated and expedited environmental review 
        process requirements set forth in this section.
          [(2)](3) Aviation safety and aviation security 
        projects.--
                  (A) In general.--The Administrator of the 
                Federal Aviation Administration may designate 
                an aviation safety project or aviation security 
                project for priority environmental review. The 
                Administrator may not delegate this designation 
                authority. A designated project shall be 
                subject to the coordinated and expedited 
                environmental review process requirements set 
                forth in this section.
                  (B) Project designation criteria.--The 
                Administrator shall establish guidelines for 
                the designation of an aviation safety project 
                or aviation security project for priority 
                environmental review. Such guidelines shall 
                provide for consideration of--
                          (i) the importance or urgency of the 
                        project;
                          (ii) the potential for undertaking 
                        the environmental review under existing 
                        emergency procedures under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (iii) the need for cooperation and 
                        concurrent reviews by other Federal or 
                        State agencies;
                          (iv) the prospect for undue delay if 
                        the project is not designated for 
                        priority review; and
                          (v) for aviation security projects, 
                        the views of the Department of Homeland 
                        Security.
  (c) High Priority of and Agency Participation in Coordinated 
Reviews.--
          (1) High priority for environmental reviews.--Each 
        Federal agency with jurisdiction over an environmental 
        review, analysis, opinion, permit, license, or approval 
        shall accord any such review, analysis, opinion, 
        permit, license, or approval involving an airport 
        capacity enhancement project at a congested airport or 
        a project designated under subsection [(b)(2)] (b)(3) 
        the highest possible priority and conduct the review, 
        analysis, opinion, permit, license, or approval 
        expeditiously.
          (2) Agency participation.--Each Federal agency 
        described in subsection (d) shall formulate and 
        implement administrative, policy, and procedural 
        mechanisms to enable the agency to participate in the 
        coordinated environmental review process under this 
        section and to ensure completion of environmental 
        reviews, analyses, opinions, permits, licenses, and 
        approvals described in subsection (a) in a timely and 
        environmentally responsible manner.
  (d) Identification of Jurisdictional Agencies.--With respect 
to each airport capacity enhancement project at a congested 
airport or a project designated under subsection [(b)(2)] 
(b)(3), the Secretary shall identify, as soon as practicable, 
all Federal and State agencies that may have jurisdiction over 
environmental-related matters that may be affected by the 
project or may be required by law to conduct an environmental-
related review or analysis of the project or determine whether 
to issue an environmental-related permit, license, or approval 
for the project.
  (e) State Authority.--Under a coordinated review process 
being implemented under this section by the Secretary with 
respect to a project at an airport within the boundaries of a 
State, the Governor of the State, consistent with State law, 
may choose to participate in such process and provide that all 
State agencies that have jurisdiction over environmental-
related matters that may be affected by the project or may be 
required by law to conduct an environmental-related review or 
analysis of the project or determine whether to issue an 
environmental-related permit, license, or approval for the 
project, be subject to the process.
  (f) Memorandum of Understanding.--The coordinated review 
process developed under this section may be incorporated into a 
memorandum of understanding for a project between the Secretary 
and the heads of other Federal and State agencies identified 
under subsection (d) with respect to the project and, if 
applicable, the airport sponsor.
  (g) Use of Interagency Environmental Impact Statement 
Teams.--
          (1) In general.--The Secretary may utilize an 
        interagency environmental impact statement team to 
        expedite and coordinate the coordinated environmental 
        review process for a project under this section. When 
        utilizing an interagency environmental impact statement 
        team, the Secretary shall invite Federal, State and 
        Tribal agencies with jurisdiction by law, and may 
        invite such agencies with special expertise, to 
        participate on an interagency environmental impact 
        statement team.
          (2) Responsibility of interagency environmental 
        impact statement team.--Under a coordinated 
        environmental review process being implemented under 
        this section, the interagency environmental impact 
        statement team shall assist the Federal Aviation 
        Administration in the preparation of the environmental 
        impact statement. To facilitate timely and efficient 
        environmental review, the team shall agree on agency or 
        Tribal points of contact, protocols for communication 
        among agencies, and deadlines for necessary actions by 
        each individual agency (including the review of 
        environmental analyses, the conduct of required 
        consultation and coordination, and the issuance of 
        environmental opinions, licenses, permits, and 
        approvals). The members of the team may formalize their 
        agreement in a written memorandum.
  (h) Lead Agency Responsibility.--The Federal Aviation 
Administration shall be the lead agency for projects designated 
under subsection [(b)(2)] (b)(3) and airport capacity 
enhancement projects at congested airports and shall be 
responsible for defining the scope and content of the 
environmental impact statement, consistent with regulations 
issued by the Council on Environmental Quality. Any other 
Federal agency or State agency that is participating in a 
coordinated environmental review process under this section 
shall give substantial deference, to the extent consistent with 
applicable law and policy, to the aviation expertise of the 
Federal Aviation Administration.
  (i) Effect of Failure to Meet Deadline.--
          (1) Notification of congress and ceq.--If the 
        Secretary determines that a Federal agency, State 
        agency, or airport sponsor that is participating in a 
        coordinated review process under this section with 
        respect to a project has not met a deadline established 
        under subsection (a)(3) for the project, the Secretary 
        shall notify, within 30 days of the date of such 
        determination, the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Council on Environmental Quality, 
        and the agency or sponsor involved about the failure to 
        meet the deadline.
          (2) Agency report.--Not later than 30 days after date 
        of receipt of a notice under paragraph (1), the agency 
        or sponsor involved shall submit a report to the 
        Secretary, the Committee on Transportation and 
        Infrastructure of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, and the Council on Environmental Quality 
        explaining why the agency or sponsor did not meet the 
        deadline and what actions it intends to take to 
        complete or issue the required review, analysis, 
        opinion, permit, license, or approval.
  (j) Purpose and Need.--For any environmental review, 
analysis, opinion, permit, license, or approval that must be 
issued or made by a Federal or State agency that is 
participating in a coordinated review process under this 
section and that requires an analysis of purpose and need for 
the project, the agency, notwithstanding any other provision of 
law, shall be bound by the project purpose and need as defined 
by the Secretary.
  (k) Alternatives Analysis.--The Secretary shall determine the 
reasonable alternatives to an airport capacity enhancement 
project at a congested airport or a project designated under 
subsection [(b)(2)] (b)(3). Any other Federal agency, or State 
agency that is participating in a coordinated review process 
under this section with respect to the project shall consider 
only those alternatives to the project that the Secretary has 
determined are reasonable.
  (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.

Sec. 47175. Definitions

  In this subchapter, the following definitions apply:
          [(3)](1) Airport capacity enhancement project.--The 
        term ``airport capacity enhancement project'' means--
                  (A) a project for construction or extension 
                of a runway, including any land acquisition, 
                taxiway, or safety area associated with the 
                runway or runway extension; and
                  (B) such other airport development projects 
                as the Secretary may designate as facilitating 
                a reduction in air traffic congestion and 
                delays.
          [(1)](2) Airport sponsor.--The term ``airport 
        sponsor'' has the meaning given the term 'sponsor' 
        under section 47102.
          [(4)](3) Aviation safety project.--The term 
        ``aviation safety project'' means an aviation project 
        that--
                  (A) has as its primary purpose reducing the 
                risk of injury to persons or damage to aircraft 
                and property, as determined by the 
                Administrator; and
                  (B)(i) is needed to respond to a 
                recommendation from the National Transportation 
                Safety Board, as determined by the 
                Administrator; or
                          (ii) is necessary for an airport to 
                        comply with part 139 of title 14, Code 
                        of Federal Regulations (relating to 
                        airport certification).
          [(5)](4) Aviation security project.--The term 
        ``aviation security project'' means a security project 
        at an airport required by the Department of Homeland 
        Security.
          [(2)](5) Congested airport.--The term ``congested 
        airport'' means an airport that accounted for at least 
        1 percent of all delayed aircraft operations in the 
        United States in the most recent year for which such 
        data is available and an airport listed in table 1 of 
        the Federal Aviation Administration's Airport Capacity 
        Benchmark Report 2004 or any successor report.
          (6) Federal agency.--The term ``Federal agency'' 
        means a department or agency of the United States 
        Government.
          (7) General aviation airport construction or 
        improvement project.--The term ``general aviation 
        airport construction or improvement project'' means--
                  (A) a project for the construction or 
                extension of a runway, including any land 
                acquisition, helipad, taxiway, safety area, 
                apron, or navigational aids associated with the 
                runway or runway extension, at a general 
                aviation airport, a reliever airport, or a 
                commercial service airport that is not a 
                primary airport (as such terms are defined in 
                section 47102); and
                  (B) any other airport development project 
                that the Secretary designates as facilitating 
                aviation capacity building projects at a 
                general aviation airport.
          [(7)](8) Joint use airport.--The term ``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.

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                 PART B. AIRPORT DEVELOPMENT AND NOISE

                           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.

Sec. 47504. Noise compatibility programs

  (a) * * *
  (c) Grants.--
          (1) The Secretary may incur obligations to make 
        grants from amounts available under section 48103 of 
        this title to carry out a project under a part of a 
        noise compatibility program approved under subsection 
        (b) of this section. A grant may be made to--
                  (A) an airport operator submitting the 
                program; and
                  (B) a unit of local government in the area 
                surrounding the airport, if the Secretary 
                decides the unit is able to carry out the 
                project.
          (2) Soundproofing and acquisition of certain 
        residential buildings and properties. The Secretary may 
        incur obligations to make grants from amounts made 
        available under section 48103 of this title--
                  (A) for projects to soundproof residential 
                buildings--
                          (i) if the airport operator received 
                        approval for a grant for a project to 
                        soundproof residential buildings 
                        pursuant to section 301(d)(4)(B) of the 
                        Airport and Airway Safety and Capacity 
                        Expansion Act of 1987;
                          (ii) if the airport operator submits 
                        updated noise exposure contours, as 
                        required by the Secretary; and
                          (iii) if the Secretary determines 
                        that the proposed projects are 
                        compatible with the purposes of this 
                        chapter;
                  (B) to an airport operator and unit of local 
                government referred to in paragraph (1)(A) or 
                (1)(B) of this subsection to soundproof 
                residential buildings located on residential 
                properties, and to acquire residential 
                properties, at which noise levels are not 
                compatible with normal operations of an 
                airport--
                          (i) if the airport operator amended 
                        an existing local aircraft noise 
                        regulation during calendar year 1993 to 
                        increase the maximum permitted noise 
                        levels for scheduled air carrier 
                        aircraft as a direct result of 
                        implementation of revised aircraft 
                        noise departure procedures mandated for 
                        aircraft safety purposes by the 
                        Administrator of the Federal Aviation 
                        Administration for standardized 
                        application at airports served by 
                        scheduled air carriers;
                          (ii) if the airport operator submits 
                        updated noise exposure contours, as 
                        required by the Secretary; and
                          (iii) if the Secretary determines 
                        that the proposed projects are 
                        compatible with the purposes of this 
                        chapter;
                  (C) to an airport operator and unit of local 
                government referred to in paragraph (1)(A) or 
                (1)(B) of this subsection to carry out any part 
                of a program developed before February 18, 
                1980, or before implementing regulations were 
                prescribed, if the Secretary decides the 
                program is substantially consistent with 
                reducing existing noncompatible uses and 
                preventing the introduction of additional 
                noncompatible uses and the purposes of this 
                chapter will be furthered by promptly carrying 
                out the program;
                  (D) to an airport operator and unit of local 
                government referred to in paragraph (1)(A) or 
                (1)(B) of this subsection to soundproof a 
                building in the noise impact area surrounding 
                the airport that is used primarily for 
                educational or medical purposes and that the 
                Secretary decides is adversely affected by 
                airport noise; [and]
                  (E) to an airport operator of a congested 
                airport (as defined in section 47175) and a 
                unit of local government referred to in 
                paragraph (1)(B) of this subsection to carry 
                out a project to mitigate noise in the area 
                surrounding the airport if the project is 
                included as a commitment in a record of 
                decision of the Federal Aviation Administration 
                for an airport capacity enhancement project (as 
                defined in section 47175) even if that airport 
                has not met the requirements of part 150 of 
                title 14, Code of Federal Regulations[.]; and
                  (F) to an airport operator of a congested 
                airport (as defined in section 47175) and a 
                unit of local government referred to in 
                paragraph (1)(B) to carry out a project to 
                mitigate noise, if the project--
                          (i) consists of--
                                  (I) replacement windows, 
                                doors, and the installation of 
                                through-the-wall air-
                                conditioning units; or
                                  (II) acquisition or 
                                installation of windows, doors, 
                                or other noise mitigation 
                                elements to be used in a school 
                                reconstruction, if 
                                reconstruction is the preferred 
                                local solution;
                          (ii) is located at a school near the 
                        airport; and
                          (iii) is included in a memorandum of 
                        agreement entered into before September 
                        30, 2002, even if the airport has not 
                        met the requirements of part 150 of 
                        title 14, Code of Federal Regulations, 
                        and only if the financial limitations 
                        of the memorandum are applied.
          (3) An airport operator may agree to make a grant 
        made under paragraph (1)(A) of this subsection 
        available to a public agency in the area surrounding 
        the airport if the Secretary decides the agency is able 
        to carry out the project.
          (4) The Government's share of a project for which a 
        grant is made under this subsection is the greater of--
                  (A) 80 percent of the cost of the project; or
                  (B) the Government's share that would apply 
                if the amounts available for the project were 
                made available under subchapter I of chapter 
                471 of this title for a project at the airport.
          (5) The provisions of subchapter I of chapter 471 of 
        this title related to grants apply to a grant made 
        under this chapter, except--
                  (A) section 47109(a) and (b) of this title; 
                and
                  (B) any provision that the Secretary decides 
                is inconsistent with, or unnecessary to carry 
                out, this chapter.
          (6) Aircraft noise primarily caused by military 
        aircraft.--The Secretary may make a grant under this 
        subsection for a project even if the purpose of the 
        project is to mitigate the effect of noise primarily 
        caused by military aircraft at an airport.
  (c) * * *

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                           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) $2,855,000,000 for each of fiscal years 2016 and 
        2017.]
          (1) $2,877,365,122 for fiscal year 2018.
          (2) $2,889,379,240 for fiscal year 2019.
          (3) $2,906,007,932 for fiscal year 2020.
          (4) $2,921,493,286 for fiscal year 2021.
  (b) * * *

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) $166,000,000 for each of fiscal years 2016 and 
        2017.]
          (1) $175,000,000 for fiscal year 2018.
          (2) $175,000,000 for fiscal year 2019.
          (3) $175,000,000 for fiscal year 2020.
          (4) $175,000,000 for fiscal year 2021.
  (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.]
  (c) * * *

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 2017] section 
47505(a)(2), carrying out noise compatibility programs under 
section 47504(c), an airport cooperative research program under 
section 44511, Airports Technology-Safety research, and 
Airports Technology-Efficiency research $3,350,000,000 for 
fiscal year 2018 and $3,750,000,000 for each of fiscal years 
2019 through 2021.
  (b) Availability of Amounts.--Amounts made available under 
subsection (a) shall remain available until expended.

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.

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 
                        2018 through 2021, be equal to--
                                  (I) the sum of--
                                          (aa) 90 percent of 
                                        the estimated level of 
                                        receipts plus interest 
                                        credited to the Airport 
                                        and Airway Trust Fund 
                                        for that fiscal year; 
                                        and
                                          (bb) 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) less the amount 
                                calculated under subclause 
                                (I)(bb) for the fourth 
                                preceding 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 2017, 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) * * *
  (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 [2017] 2021 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. 48115. General aviation public-private partnership program

  (a) Small Airport Public-private Partnership Program.--The 
Secretary of Transportation shall establish a program that 
meets the requirements under this section for improving 
facilities at--
          (1) general aviation airports; and
          (2) privately owned airports used or intended to be 
        used for public purposes that do not have scheduled air 
        service.
  (b) Application Required.--The operator or sponsor of an 
airport, or the community in which an airport is located, 
seeking, on behalf of the airport, to participate in the 
program established under subsection (a) 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 needs of the airport for 
        additional or improved hangars, airport businesses, or 
        other facilities;
          (2) the ability of the airport to leverage private 
        sector investments on the airport or develop public-
        private partnerships to build or improve facilities at 
        the airport; and
          (3) if the application is submitted by a community, 
        evidence that the airport supports the application.
  (c) Limitation.--
          (1) State limit.--Not more than 4 airports in the 
        same State may be selected to participate in the 
        program established under subsection (a) in any fiscal 
        year.
          (2) Dollar amount limit.--Not more than $500,000 
        shall be made available for any one-time grant to an 
        airport in any fiscal year under the program 
        established under subsection (a).
  (d) Priorities.--In selecting airports for participation in 
the program established under subsection (a), the Secretary 
shall give priority to airports at which--
          (1) the operator or sponsor of the airport, or the 
        community in which the airport is located--
                  (A) will provide a portion of the cost of the 
                project for which assistance is sought under 
                the program from local sources;
                  (B) will employ best business practices in 
                developing or implementing a public-private 
                partnership; or
                  (C) has established, or will establish, a 
                public-private partnership to build or improve 
                facilities at the airport; or
          (2) the assistance will be used in a timely fashion.
  (e) Types of Assistance.--The Secretary may use amounts made 
available under this section--
          (1) to provide assistance to market an airport to 
        private entities or individuals in order to leverage 
        private sector investments or develop public-private 
        partnerships for the purposes of building or improving 
        hangars, businesses, or other facilities at the 
        airport;
          (2) to fund studies that consider what measures an 
        airport should take to attract private sector 
        investment at the airport; or
          (3) to participate in a partnership described in 
        paragraph (1) or an investment described in paragraph 
        (2).
  (f) Authority to Make Agreements.--The Secretary may enter 
into agreements with airports and entities entering into 
partnerships with airports under this section to provide 
assistance under this section.
  (g) Availability of Amounts From Airport and Airway Trust 
Fund.--
          (1) In general.--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, $5,000,000 for each of the fiscal years 
        2018 through 2021 to carry out this section. Amounts 
        appropriated pursuant to this paragraph shall remain 
        available until expended.
          (2) Availability.--Amounts appropriated pursuant to 
        paragraph (1)--
                  (A) shall remain available until expended; 
                and
                  (B) shall be in addition to any amounts made 
                available pursuant to section 48103.

          VISION 100 - CENTURY OF AVIATION REAUTHORIZATION ACT


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

SEC. 186. MIDWAY ISLAND AIRPORT.

                            [117 Stat. 2518]

  (a) * * *
  (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 2017] for fiscal 
years 2018 through 2021 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).

  AIRLINE SAFETY AND FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 
                                  2010


                  [Public Law 111-216; 124 Stat. 2348]

SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.

  (a) * * *
  (d) Credit Toward Flight Hours.--The Administrator may allow 
specific academic training courses, beyond those required under 
subsection (b)(2), to be credited toward the total flight hours 
required under subsection (c). The Administrator may allow such 
credit based on a determination by the Administrator that 
allowing a pilot to take specific academic [training courses 
will enhance safety more than requiring the pilot to fully 
comply with the flight hours requirement.] training courses, or 
other structured and disciplined training courses, will enhance 
safety more than requiring the pilot to fully comply with the 
flight hours requirement.
  (c) * * *

                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. 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) 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).
  (e) Annual NextGen 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 established in consultation with public and 
private NextGen stakeholders, including the NextGen Advisory 
Committee.

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

  (a) * * *
  [(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 on September 
        30, 2019.
          [(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.

  [(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.

  [(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.

                      [49 U.S.C. 42301 prec. note]

  (a) * * *
  (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 2017, 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 [September 30, 2017] 
September 30, 2021.

SEC. 817. RELEASE FROM RESTRICTIONS.

  (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.
          (2) 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.
          (3) Any other conditions required by the Secretary.".

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

                         [49 U.S.C. 47141 note]

  (a) * * *
  (k) Sunset.--This section shall not be in effect after 
[September 30, 2017] September 30, 2021.

               FIXING AMERICAS SURFACE TRANSPORTATION ACT


                  [Public Law 114-94; 129 Stat. 1312]

SEC. 1431. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND TOURISM 
                    INFRASTRUCTURE.

                          [49 U.S.C. 301 note]

  (a) * * *
  (d) Role of Committee.--The Committee shall--
          (1) advise the Secretary on current and emerging 
        priorities, issues, projects, and funding needs related 
        to the use of the intermodal transportation network of 
        the United States to facilitate travel and tourism;
          (2) serve as a forum for discussion for travel and 
        tourism stakeholders on transportation issues affecting 
        interstate and interregional mobility of passengers;
          (3) promote the sharing of information between the 
        private and public sectors on transportation issues 
        impacting travel and tourism;
          (4) gather information, develop technical advice, and 
        make recommendations to the Secretary on policies that 
        improve the condition and performance of an integrated 
        national transportation system that--
                  (A) is safe, economical, and efficient; and
                  (B) maximizes the benefits to the United 
                States generated through the travel and tourism 
                industry;
          (5) identify critical transportation facilities and 
        corridors that facilitate and support the interstate 
        and interregional transportation of passengers for 
        tourism, commercial, and recreational activities;
          (6) provide for development of measures of condition, 
        safety, and performance for transportation related to 
        travel and tourism;
          (7) provide for development of transportation 
        investment, data, and planning tools to assist Federal, 
        State, and local officials in making investment 
        decisions relating to transportation projects that 
        improve travel and tourism[; and];
          (8) address other issues of transportation policy and 
        programs impacting the movement of travelers for 
        tourism and recreational purposes, including by making 
        legislative recommendations[.]; and
          (9) consider the effect of the domestic and 
        international aviation market on travel and tourism in 
        the United States.
  (e) * * *

                         PILOT'S 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 the district court 
        shall review the denial, suspension, or revocation de 
        novo, including by--
                  (A) conducting a full independent review of 
                the complete administrative record of the 
                denial, suspension, or revocation;
                  (B) permitting additional discovery and the 
                taking of additional evidence; and
                  (C) 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 Fairness for Pilots Act.
  (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] t he Fairness for 
        Pilots Act, 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.

             FAA EXTENSION SAFETY AND SECURITY ACT OF 2016


                  [Public Law 114-190; 130 Stat. 615]

[SEC. 2110. TOWER MARKING.

                         [49 U.S.C. 44718 note]

  [(a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall issue regulations to require the 
marking of covered towers.
  [(b) Marking Required.--The regulations under subsection (a) 
shall require that a covered tower be clearly marked in a 
manner that is consistent with applicable guidance under the 
Federal Aviation Administration Advisory Circular issued 
December 4, 2015 (AC 70/7460-1L), or other relevant safety 
guidance, as determined by the Administrator.
  [(c) Application.--The regulations issued under subsection 
(a) shall ensure that--
          [(1) all covered towers constructed on or after the 
        date on which such regulations take effect are marked 
        in accordance with subsection (b); and
          [(1) a covered tower constructed before the date on 
        which such regulations take effect is marked in 
        accordance with subsection (b) not later than 1 year 
        after such effective date.
  [(d) Definitions.--
          [(1) In general.--In this section, the following 
        definitions apply:
                  [(A) Covered tower.--
                          [(i) In general.--The term ``covered 
                        tower'' means a structure that--
                                  [(I) is self-standing or 
                                supported by guy wires and 
                                ground anchors;
                                  [(II) is 10 feet or less in 
                                diameter at the above-ground 
                                base, excluding concrete 
                                footing;
                                  [(III) at the highest point 
                                of the structure is at least 50 
                                feet above ground level;
                                  [(IV) at the highest point of 
                                the structure is not more than 
                                200 feet above ground level;
                                  [(V) has accessory facilities 
                                on which an antenna, sensor, 
                                camera, meteorological 
                                instrument, or other equipment 
                                is mounted; and
                                  [(VI) is located--
                                          [(aa) outside the 
                                        boundaries of an 
                                        incorporated city or 
                                        town; or
                                          [(bb) on land that 
                                        is--
                                          [(cc) undeveloped; or
                                          [(dd) used for 
                                        agricultural purposes.
                          [(ii) Exclusions.--The term ``covered 
                        tower'' does not include any structure 
                        that--
                                  [(I) is adjacent to a house, 
                                barn, electric utility station, 
                                or other building;
                                  [(II) is within the curtilage 
                                of a farmstead;
                                  [(III) supports electric 
                                utility transmission or 
                                distribution lines;
                                  [(IV) is a wind-powered 
                                electrical generator with a 
                                rotor blade radius that exceeds 
                                6 feet; or
                                  [(V) is a street light 
                                erected or maintained by a 
                                Federal, State, local, or 
                                tribal entity.
                  [(B) Undeveloped.--The term ``undeveloped'' 
                means a defined geographic area where the 
                Administrator determines low-flying aircraft 
                are operated on a routine basis, such as low-
                lying forested areas with predominant tree 
                cover under 200 feet and pasture and range 
                land.
          [(2) Other definitions.--The Administrator shall 
        define such other terms as may be necessary to carry 
        out this section.
  [(e) Database.--The Administrator shall--
          [(1) develop a database that contains the location 
        and height of each covered tower;
          [(2) keep the database current to the extent 
        practicable;
          [(3) ensure that any proprietary information in the 
        database is protected from disclosure in accordance 
        with law; and
          [(4) ensure that, by virtue of accessing the 
        database, users agree and acknowledge that information 
        in the database--
                  [(A) may only be used for aviation safety 
                purposes; and
                  [(B) may not be disclosed for purposes other 
                than aviation safety, regardless of whether or 
                not the information is marked or labeled as 
                proprietary or with a similar designation.]

SEC. 2110. TOWER MARKING.

  (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall issue regulations to implement 
the requirements of this section with respect to covered 
towers.
  (b) Marking Required.--Regulations under subsection (a) that 
require that a covered tower be clearly marked shall be 
consistent with applicable guidance under the Federal Aviation 
Administration Advisory Circular issued December 4, 2015 (AC 
70/7460-1L), or other relevant safety guidance, as determined 
by the Administrator.
  (c) Application.--The regulations issued under subsection (a) 
shall--
          (1) ensure that consistent with this section all 
        covered towers constructed on or after the date on 
        which such regulations take effect are marked in 
        accordance with subsection (b), or included in the 
        database in subsection (e), or, in the case of 
        meteorological evaluation towers both;
          (2) ensure that consistent with this section all 
        covered towers constructed before the date on which 
        such regulations take effect are marked in accordance 
        with subsection (b), or included in the database in 
        subsection (e), or, in the case of meteorological 
        evaluation towers both, not later than 1 year after 
        such effective date; and
          (3) take effect no earlier than the availability of 
        the database developed by the Administrator pursuant to 
        subsection (e).
  (d) Definitions.--
          (1) In general.--In this section:
                  (A) Agricultural purposes.--The term 
                ``agricultural purposes'' means farming in all 
                its branches and the cultivation and tillage of 
                the soil, the production, cultivation, growing, 
                and harvesting of any agricultural or 
                horticultural commodities performed by a farmer 
                or on a farm, or on pasture land or rangeland.
                  (B) Covered tower.--
                          (i) In general.--Except as specified 
                        in clause (ii), the term ``covered 
                        tower'' means a structure that--
                                  (I) is a meteorological 
                                evaluation tower, a self-
                                standing tower, or a tower 
                                supported by guy wires and 
                                ground anchors;
                                  (II) is 10 feet or less in 
                                diameter at the above-ground 
                                base, excluding concrete 
                                footing;
                                  (III) at the highest point of 
                                the structure is at least 50 
                                feet above ground level;
                                  (IV) at the highest point of 
                                the structure is not more than 
                                200 feet above ground level;
                                  (V) has accessory facilities 
                                on which an antenna, sensor, 
                                camera, meteorological 
                                instrument, or other equipment 
                                is mounted; and
                                  (VI) is located on land that 
                                is--
                                          (aa) in a rural area; 
                                        and
                                          (bb) used for 
                                        agricultural purposes 
                                        or immediately adjacent 
                                        to such land.
                          (ii) Exclusions.--The term ``covered 
                        tower'' does not include any structure 
                        that--
                                  (I) is adjacent to a house, 
                                barn, electric utility station, 
                                or other building;
                                  (II) is within the curtilage 
                                of a farmstead or adjacent to 
                                another building or visible 
                                structure;
                                  (III) supports electric 
                                utility transmission or 
                                distribution lines;
                                  (IV) is a wind-powered 
                                electrical generator with a 
                                rotor blade radius that exceeds 
                                6 feet;
                                  (V) is a street light erected 
                                or maintained by a Federal, 
                                State, local, or tribal entity;
                                  (VI) is designed and 
                                constructed to resemble a tree 
                                or visible structure other than 
                                a tower;
                                  (VII) is an advertising 
                                billboard;
                                  (VIII) is located within the 
                                right-of-way of a rail carrier, 
                                including within the boundaries 
                                of a rail yard, and is used for 
                                a railroad purpose;
                                  (IX)(aa) is registered with 
                                the Federal Communications 
                                Commission under the Antenna 
                                Structure Registration program 
                                set forth under part 17 of 
                                title 47, Code of Federal 
                                Regulations; and
                                  (bb) has been determined by 
                                the Administrator to pose no 
                                hazard to air navigation; or
                                  (X) has already mitigated any 
                                hazard to aviation safety in 
                                accordance with Federal 
                                Aviation Administration 
                                guidance or as otherwise 
                                approved by the Administrator.
                  (C) The term ``rural area'' has the meaning 
                given the term in section 609(a)(5) of the 
                Public Utility Regulatory Policies Act of 197 
                (87 U.S.C. 918c(a)(5)).
          (2) Other definitions.--- The Administrator shall 
        define such other terms not otherwise defined in 
        paragraph (1) as may be necessary to carry out this 
        section.
  (e) Database.--The Administrator shall--
          (1) develop a database that contains the location and 
        height of each covered tower that is not marked in 
        accordance with this section, except that--
                  (A) meteorological evaluation towers shall be 
                marked in accordance with subsection (b) and 
                contained in the database; and
                  (B) towers excluded from the definition of 
                covered tower under subsection (d)(1)(B)(2) 
                must be registered by its owner in the 
                database.
          (2) keep the database current;
          (3) ensure that a tower to be included in the 
        database pursuant to subsection (c)(1) and constructed 
        after the date on which regulations issued under 
        subsection (a) take effect is registered by its owner 
        in the database before its construction;
          (4) ensure that--
                  (A) any proprietary information in the 
                database is protected from disclosure in 
                accordance with law;
                  (B) information in the database is de-
                identified and that such information only 
                includes the location, and height, of such 
                covered towers, and whether the tower has guy 
                wires; and
                  (C) information in the dataset is encrypted 
                at rest and in transit and is protected from 
                unauthorized access and acquisition;
          (5) ensure that, by virtue of accessing the database, 
        users agree and acknowledge that information in the 
        database--
                  (A) may only be used for aviation safety 
                purposes; and
                  (B) may not be disclosed for purposes other 
                than aviation safety, regardless of whether or 
                not the information is identified or labeled as 
                proprietary or with a similar designation; and
          (6) ensure that pilots who intend to conduct low-
        altitude operations in locations described in 
        subsection (d)(1)(B)(vi) consult the relevant parts of 
        the database before conducting such operations.
  (f) Exclusion and Waiver Authorities.--As part of a 
rulemaking conducted pursuant to this section, the 
Administrator--
          (1) may exclude a class, category, or type of tower 
        that is determined by the Administrator, after public 
        notice and comment, to not pose a hazard to aviation 
        safety;
          (2) shall establish a process to waive specific 
        covered towers from the marking requirements under this 
        section as required under the rulemaking if the 
        Administrator later determines such tower or towers do 
        not pose a hazard to aviation safety; and
          (3) shall consider, in establishing exclusions and 
        granting waivers under this subsection, factors that 
        may sufficiently mitigate risks to aviation safety, 
        such as the length of time the tower has been in 
        existence or alternative marking methods or 
        technologies that maintains a tower's level of 
        conspicuousness to a degree which adequately maintains 
        the safety of the airspace.
  (g) Periodic Review.--The Administrator shall, in 
consultation with the Federal Communications Commission, 
periodically review any regulations or guidance regarding the 
marking of covered towers issued pursuant to this section and 
update them as necessary, consistent with this section, and in 
the interest of safety of low-altitude aircraft operations.
  (h) FCC Regulations.--The Federal Communications Commission 
shall amend section 17.7 of title 47, Code of Federal 
Regulations, to require a notification to the Federal Aviation 
Administration for any construction or alteration of an antenna 
structure, as defined in section 17.2(a) of title 47, Code of 
Federal Regulations, that is a covered tower as defined by this 
section.

SEC. 2204. FACILITATING INTERAGENCY COOPERATION FOR UNMANNED AIRCRAFT 
                    AUTHORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS 
                    AND UTILITY RESTORATION.

                         [49 U.S.C. 40101 note]

  (a) Firefighting Operations.--The Administrator of the 
Federal Aviation Administration shall enter into agreements 
with the Secretary of the Interior and the Secretary of 
Agriculture, as necessary, to continue the expeditious 
authorization of safe unmanned aircraft system operations in 
support of firefighting operations consistent with the 
requirements of [section 334(c) of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note)] section 44807 of 
title 49, United States Code.
  (b) Utility Restoration.--The Administrator shall enter into 
agreements with the Secretary of Energy and with such other 
agencies or parties, including the Federal Emergency Management 
Agency, as are necessary to facilitate the expeditious 
authorization of safe unmanned aircraft system operations in 
support of service restoration efforts of utilities.
  (c) Definition of Utility.--In this section, the term 
``utility'' shall at a minimum include the definition in 
section 3(4) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2602(4)).

[SEC. 2206. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE HAZARD 
                    MITIGATION.

  [(a) In General.--The Administrator of the Federal Aviation 
Administration shall establish a pilot program for airspace 
hazard mitigation at airports and other critical infrastructure 
using unmanned aircraft detection systems.
  [(b) Consultation.--In carrying out the pilot program under 
subsection (a), the Administrator shall work with the Secretary 
of Defense, the Secretary of Homeland Security, and the heads 
of other relevant Federal departments and agencies for the 
purpose of ensuring that technologies that are developed, 
tested, or deployed by those departments and agencies to 
mitigate threats posed by errant or hostile unmanned aircraft 
system operations do not adversely impact or interfere with 
safe airport operations, navigation, air traffic services, or 
the safe and efficient operation of the national airspace 
system.
  [(c) Authorization of Appropriations.--There is authorized to 
be appropriated from the Airport and Airway Trust Fund to carry 
out this section $6,000,000, to remain available until 
expended.
  [(d) Authority.--After the pilot program established under 
subsection (a) ceases to be effective pursuant to subsection 
(g), the Administrator may use unmanned aircraft detection 
systems to detect and mitigate the unauthorized operation of an 
unmanned aircraft that poses a risk to aviation safety.
  [(e) Report.--
          [(1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Administrator shall 
        submit to the appropriate committees of Congress a 
        report on the results of the pilot program established 
        under subsection (a).
          [(2) Contents.--The report required under paragraph 
        (1) shall include the following:
                  [(A) The number of unauthorized unmanned 
                aircraft operations detected, together with a 
                description of such operations.
                  [(B) The number of instances in which 
                unauthorized unmanned aircraft were mitigated, 
                together with a description of such instances.
                  [(C) The number of enforcement cases brought 
                by the Federal Aviation Administration for 
                unauthorized operation of unmanned aircraft 
                detected through the pilot program, together 
                with a description of such cases.
                  [(D) The number of any technical failures in 
                the pilot program, together with a description 
                of such failures.
                  [(E) Recommendations for safety and 
                operational standards for unmanned aircraft 
                detection systems.
                  [(F) The feasibility of deployment of the 
                systems at other airports.
          [(3) Format.--To the extent practicable, the report 
        prepared under paragraph (1) shall be submitted in a 
        classified format. If appropriate, the report may 
        include an unclassified summary.
  [(f) Sunset.--The pilot program established under subsection 
(a) shall cease to be effective on the earlier of--
          [(1) the date that is 18 months after the date of 
        enactment of this Act; and
          [(2) the date of the submission of the report under 
        subsection (e).]

                     INTERNAL REVENUE CODE OF 1986


SEC. 9502. AIRPORT AND AIRWAY TRUST FUND.

  (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Airport and Airway Trust Fund'', consisting of such amounts 
as may be appropriated, credited, or paid into the Airport and 
Airway Trust Fund as provided in this section, section 
9503(c)(5), or section 9602(b).
  (b) Transfers to Airport and Airway Trust Fund.--There are 
hereby appropriated to the Airport and Airway Trust Fund 
amounts equivalent to--
          (1) the taxes received in the Treasury under--
                  (A) section 4041(c) (relating to aviation 
                fuels),
                  (B) section 4043 (relating to surtax on fuel 
                used in aircraft part of a fractional ownership 
                program),
                  (C) sections 4261 and 4271 (relating to 
                transportation by air), and
                  (D) section 4081 with respect to aviation 
                gasoline and kerosene to the extent 
                attributable to the rate specified in section 
                4081(a)(2)(C), and
          (2) the amounts determined by the Secretary of the 
        Treasury to be equivalent to the amounts of civil 
        penalties collected under section 47107(m) of title 49, 
        United States Code.
          There shall not be taken into account under paragraph 
        (1) so much of the taxes imposed by section 4081 as are 
        determined at the rate specified in section 
        4081(a)(2)(B).
  (c) Appropriation of Additional Sums.--There are hereby 
authorized to be appropriated to the Airport and Airway Trust 
Fund such additional sums as may be required to make the 
expenditures referred to in subsection (d) of this section.
  (d) Expenditures From Airport and Airway Trust Fund.--
          (1) Airport and airway program.--Amounts in the 
        Airport and Airway Trust Fund shall be available, as 
        provided by appropriation Acts, for making expenditures 
        before October 1, 2017, to meet those obligations of 
        the United States--
                  (A) Incurred under title i of the airport and 
                airway development act of 1970 or of the 
                airport and airway development act amendments 
                of 1976 or of the aviation safety and noise 
                abatement act of 1979 or under the fiscal year 
                1981 airport development authorization act or 
                the provisions of the airport and airway 
                improvement act of 1982 or the airport and 
                airway safety and capacity expansion act of 
                1987 or the federal aviation administration 
                research, engineering, and development 
                authorization act of 1990 or the aviation 
                safety and capacity expansion act of 1990 or 
                the airport and airway safety, capacity, noise 
                improvement, and intermodal transportation act 
                of 1992 or the airport improvement program 
                temporary extension act of 1994 or the federal 
                aviation administration authorization act of 
                1994 or the federal aviation reauthorization 
                act of 1996 or the provisions of the omnibus 
                consolidated and emergency supplemental 
                appropriations act, 1999 providing for payments 
                from the airport and airway trust fund or the 
                interim federal aviation administration 
                authorization act or section 6002 of the 1999 
                emergency supplemental appropriations act, 
                public law 106-59, or the wendell h. ford 
                aviation investment and reform act for the 21st 
                century or the aviation and transportation 
                security act or the vision 100-Century of 
                Aviation Reauthorization Act or any joint 
                resolution making continuing appropriations for 
                the fiscal year 2008 or the Department of 
                Transportation Appropriations Act, 2008 or the 
                Airport and Airway Extension Act of 2008 or the 
                Federal Aviation Administration Extension Act 
                of 2008 or the Federal Aviation Administration 
                Extension Act of 2008, Part II or the Federal 
                Aviation Administration Extension Act of 2009 
                or any joint resolution making continuing 
                appropriations for the fiscal year 2010 or the 
                Fiscal Year 2010 Federal Aviation 
                Administration Extension Act or the Fiscal Year 
                2010 Federal Aviation Administration Extension 
                Act, Part II or the Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                II or the Airline Safety and Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                III or the Airport and Airway Extension Act of 
                2010, Part IV or the Airport and Airway 
                Extension Act of 2011, or the Airport and 
                Airway Extension Act of 2011, Part II or the 
                Airport and Airway Extension Act of 2011, Part 
                III or the Airport and Airway Extension Act of 
                2011, Part IV or the Airport and Airway 
                Extension Act of 2011, Part V or the Airport 
                and Airway Extension Act of 2012 or the FAA 
                Modernization and Reform Act of 2012 or the 
                Airport and Airway Extension Act of 2015 or the 
                Airport and Airway Extension Act of 2016 or the 
                FAA Extension, Safety, and Security Act of 
                2016;
                  (B) heretofore or hereafter incurred under 
                part A of subtitle VII of title 49, United 
                States Code, which are attributable to 
                planning, research and development, 
                construction, or operation and maintenance of--
                          (i) air traffic control,
                          (ii) air navigation,
                          (iii) communications, or
                          (iv) supporting services,
          (1) for the airway system; or
                  (C) for those portions of the administrative 
                expenses of the Department of Transportation 
                which are attributable to activities described 
                in subparagraph (A) or (B).
          (1) Any reference in subparagraph (A) to an Act shall 
        be treated as a reference to such Act and the 
        corresponding provisions (if any) of title 49, United 
        States Code, as such Act and provisions were in effect 
        on the date of the enactment of the last Act referred 
        to in subparagraph (A).
          (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).
          (3) Transfers from the airport and airway trust fund 
        on account of certain section 34 credits.--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 credits 
        allowed under section 34 (other than payments made by 
        reason of paragraph (4) of section 6427(l)) with 
        respect to fuel used after August 31, 1982. Such 
        amounts shall be transferred on the basis of estimates 
        by the Secretary of the Treasury, and proper 
        adjustments shall be made in amounts subsequently 
        transferred to the extent prior estimates were in 
        excess of or less than the credits allowed.
          (4) Transfers for refunds and credits not to exceed 
        trust fund revenues attributable to fuel used.--The 
        amounts payable from the Airport and Airway Trust Fund 
        under paragraph (2) or (3) shall not exceed the amounts 
        required to be appropriated to such Trust Fund with 
        respect to fuel so used.
          (5) Transfers from airport and airway trust fund on 
        account of refunds of taxes on transportation by air.--
        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 December 31, 1995, under section 
        6402 (relating to authority to make credits or refunds) 
        or section 6415 (relating to credits or refunds to 
        persons who collected certain taxes) in respect of 
        taxes under sections 4261 and 4271.
          (6) Transfers from the airport and airway trust fund 
        on account of certain airports.--The Secretary of the 
        Treasury may transfer from the Airport and Airway Trust 
        Fund to the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration an 
        amount to make a payment to an airport affected by a 
        diversion that is the subject of an administrative 
        action under paragraph (3) or a civil action under 
        paragraph (4) of section 47107(m) of title 49, United 
        States Code.
  (e) Limitation on Transfers to Trust Fund.--
          (1) In general.--Except as provided in paragraph (2), 
        no amount may be appropriated or credited to the 
        Airport and Airway Trust Fund on and after the date of 
        any expenditure from the Airport and Airway Trust Fund 
        which is not permitted by this section. The 
        determination of whether an expenditure is so permitted 
        shall be made without regard to--
                  (A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act; and
                  (B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this subsection.
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) before October 1, 2017, in accordance with 
        the provisions of this section.