[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.
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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
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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
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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.