I 

114TH CONGRESS 

2D SESSION H. R. 4441 

To transfer operation of air traffic services currently provided by the Federal 

Aviation Administration to a separate not-for-profit corporate entity, 

to reauthorize and streamline programs of the Federal Aviation Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2016 

Mr. SHUSTER (for himself and Mr. LOBIONDO) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To transfer operation of air traffic services currently provided by the Federal Aviation Administration to a separate not-for-profit corporate entity, to reauthorize and 

streamline programs of the Federal Aviation Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Aviation Innovation, Reform, and Reauthorization Act of 

6 2016’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective date. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

Sec. 101. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 102. Facilities and equipment. 

Sec. 103. FAA operations. 

Sec. 104. Adjustment to AIP program funding. 

Sec. 105. Funding for aviation programs. 

Sec. 106. Overflight fees. 

Subtitle B—Passenger Facility Charges 

Sec. 111. Passenger facility charge modernization. 

Sec. 112. Pilot program for passenger facility charge authorizations at certain 

airports. 

Subtitle C—Airport Improvement Program Modifications 

Sec. 121. Clarification of airport obligation to provide FAA airport space. 

Sec. 122. Mothers’ rooms at airports. 

Sec. 123. Recycling plans for airports. 

Sec. 124. Extension of competitive access reports. 

Sec. 125. Grant assurances. 

Sec. 126. Government share of project costs. 

Sec. 127. Special rule. 

Sec. 128. Marshall Islands, Micronesia, and Palau. 

Sec. 129. State block grant program expansion. 

Sec. 130. Pilot program sunset. 

Sec. 131. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

Sec. 132. Midway Island Airport. 

Sec. 133. Property conveyance releases. 

Sec. 134. Minority and disadvantaged business participation. 

Sec. 135. Contract tower program. 

Sec. 136. Critical habitat on or near airport property. 

Sec. 137. RNAV departure procedures. 

Sec. 138. Review and notification of categorical exclusions granted for Next 

Generation flight procedures. 

TITLE II—ATC CORPORATION 

Sec. 201. Purposes. 

Subtitle A—Establishment of ATC Corporation 

Sec. 211. ATC Corporation. 

Subtitle B—Amendments to Federal Aviation Laws 


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Sec. 221. Definitions. 

Sec. 222. Sunset of FAA air traffic entities and officers. 

Sec. 223. Role of Administrator. 

Sec. 224. Emergency powers. 

Sec. 225. Presidential transfers in time of war. 

Sec. 226. Airway capital investment plan before date of transfer. 

Sec. 227. Aviation facilities before date of transfer. 

Sec. 228. Judicial review. 

Sec. 229. Civil penalties. 

Subtitle C—Other Matters 

Sec. 241. Use of Federal technical facilities. 

Sec. 242. Severability. 

TITLE III—FAA SAFETY CERTIFICATION REFORM 

Subtitle A—General Provisions 

Sec. 301. Definitions. 

Sec. 302. Safety Oversight and Certification Advisory Committee. 

Subtitle B—Aircraft Certification Reform 

Sec. 311. Aircraft certification performance objectives and metrics. 

Sec. 312. Organization designation authorizations. 

Sec. 313. ODA review. 

Sec. 314. Type certification resolution process. 

Sec. 315. Safety enhancing equipment and systems for small general aviation 

airplanes. 

Sec. 316. Streamlining certification of small general aviation airplanes. 

Sec. 317. Additional certification resources. 

Subtitle C—Flight Standards Reform 

Sec. 331. Flight standards performance objectives and metrics. 

Sec. 332. FAA task force on flight standards reform. 

Sec. 333. Centralized safety guidance database. 

Sec. 334. Regional Consistency Communications Board. 

Subtitle D—Safety Workforce 

Sec. 341. Safety workforce training strategy. 

Sec. 342. Workforce review. 

Subtitle E—International Aviation 

Sec. 351. Promotion of United States aerospace standards, products, and services abroad. 

Sec. 352. Bilateral exchanges of safety oversight responsibilities. 

Sec. 353. FAA leadership abroad. 

Sec. 354. Registration, certification, and related fees. 

TITLE IV—SAFETY 

Subtitle A—General Provisions 

Sec. 401. Designated Agency Safety and Health Officer. 

Sec. 402. Repair stations located outside United States. 


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Sec. 403. Enhanced training for flight attendants. 

Sec. 404. FAA technical training. 

Sec. 405. Safety critical staffing. 

Sec. 406. Deadline for airline pilot records database. 

Sec. 407. International efforts regarding tracking of civil aircraft. 

Sec. 408. Aircraft data access and retrieval systems. 

Sec. 409. Panel of automation experts. 

Sec. 410. Risk-based cockpit safety. 

Sec. 411. Cockpit automation management. 

Sec. 412. Heads-up displays. 

Sec. 413. HIMS program. 

Sec. 414. Acceptance of voluntarily provided safety information. 

Sec. 415. Marking of towers. 

Sec. 416. Cabin evacuation. 

Sec. 417. Medical certification of certain small aircraft pilots. 

Sec. 418. ODA staffing and oversight. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 431. Definitions. 

Sec. 432. Codification of existing law; additional provisions. 

Sec. 433. Unmanned aircraft test ranges. 

Sec. 434. Unmanned aircraft systems senior leadership and staffing. 

Sec. 435. Sense of Congress regarding unmanned aircraft safety. 

Sec. 436. UAS privacy review. 

Sec. 437. Public UAS operations by tribal governments. 

Sec. 438. Facilitating unmanned aircraft authorization in support of firefighting operations. 

Sec. 439. Low altitude unmanned aircraft system traffic management. 

Sec. 440. UAS detection systems pilot program. 

Sec. 441. Evaluation of aircraft registration for small unmanned aircraft. 

TITLE V—AIR SERVICE IMPROVEMENTS 

Subtitle A—Passenger Air Service Improvements 

Sec. 501. Families traveling together. 

Sec. 502. Cell phone voice communication ban. 

Sec. 503. Availability of consumer rights information. 

Sec. 504. Consumer complaints hotline. 

Sec. 505. Improved notification of insecticide use. 

Sec. 506. Advisory committee for aviation consumer protection. 

Sec. 507. Delayed checked baggage. 

Sec. 508. Air travel accessibility. 

Subtitle B—Small Community Air Service 

Sec. 531. Essential air service reform. 

Sec. 532. Essential air service authorization. 

Sec. 533. Extension of final order establishing mileage adjustment eligibility. 

Sec. 534. Study on essential air service reform. 

Sec. 535. Small community air service. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Federal Aviation Administration strategic cybersecurity plan. 

Sec. 602. Consolidation and realignment of FAA services and facilities. 


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Sec. 603. Metropolitan Washington Airports Authority. 

Sec. 604. Aircraft noise exposure. 

Sec. 605. FAA review and reform. 

Sec. 606. Sense of Congress on one engine inoperative procedures. 

Sec. 607. Aviation fuel. 

Sec. 608. Technical corrections. 

Sec. 609. Right to privacy when using air traffic control system. 

Sec. 610. Air shows. 

Sec. 611. Federal authority. 

Sec. 612. Part 91 review, reform, and streamlining. 

Sec. 613. Aircraft registration. 

Sec. 614. Community involvement in FAA NextGen projects located in 

metroplexes. 

Sec. 615. Air transportation of lithium cells and batteries. 

Sec. 616. Remote tower pilot program for rural or small communities. 

1 SEC. 2. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

3 the amendments made by this Act shall take effect on the 

4 date of enactment of this Act. 

5 TITLE I—AUTHORIZATIONS 

6 Subtitle A—Funding of FAA 

7 Programs 

8 SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 

9 NOISE COMPATIBILITY PLANNING AND PRO10 GRAMS. 

11 (a) AUTHORIZATION.—Section 48103(a) of title 49, 

12 United States Code, is amended by striking ‘‘section 

13 47504(c)’’ and all that follows through the period at the 

14 end and inserting the following: ‘‘section 47504(c)— 

15 ‘‘(1) $3,350,000,000 for fiscal year 2016; 

16 ‘‘(2) $3,424,000,000 for fiscal year 2017; 

17 ‘‘(3) $3,499,000,000 for fiscal year 2018; 

18 ‘‘(4) $3,576,000,000 for fiscal year 2019; 


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1 ‘‘(5) $3,655,000,000 for fiscal year 2020; 

2 ‘‘(6) $3,735,000,000 for fiscal year 2021; and 

3 ‘‘(7) $3,817,000,000 for fiscal year 2022.’’. 

4 (b) OBLIGATION AUTHORITY.—Section 47104(c) of 

5 title 49, United States Code, is amended in the matter 

6 preceding paragraph (1) by striking ‘‘After’’ and all that 

7 follows before ‘‘the Secretary’’ and inserting ‘‘After Sep8 tember 30, 2022,’’. 

9 SEC. 102. FACILITIES AND EQUIPMENT. 

10 (a) AUTHORIZATION OF APPROPRIATIONS FROM AIR11 PORT AND AIRWAY TRUST FUND.—Section 48101(a) of 

12 title 49, United States Code, is amended by striking para13 graphs (1) through (5) and inserting the following: 

14 ‘‘(1) $2,855,000,000 for fiscal year 2016. 

15 ‘‘(2) $2,914,000,000 for fiscal year 2017. 

16 ‘‘(3) $2,981,000,000 for fiscal year 2018. 

17 ‘‘(4) $3,048,000,000 for fiscal year 2019.’’. 

18 (b) SET ASIDES.—Section 48101(d) of title 49, 

19 United States Code, is amended by inserting ‘‘, carried 

20 out using amounts appropriated under subsection (a),’’ 

21 after ‘‘air traffic control modernization project’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS FROM

23 GENERAL FUND.— 


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1 (1) IN GENERAL.—Title 49, United States 

2 Code, is amended by inserting after section 48101 

3 the following: 

4 ‘‘§ 48101a. Other facilities and equipment 

5 ‘‘There is authorized to be appropriated to the Sec6 retary of Transportation to acquire, establish, and im7 prove facilities and equipment (other than facilities and 

8 equipment relating to air traffic services)— 

9 ‘‘(1) $193,000,000 for fiscal year 2020; 

10 ‘‘(2) $197,000,000 for fiscal year 2021; and 

11 ‘‘(3) $202,000,000 for fiscal year 2022.’’. 

12 (2) CLERICAL AMENDMENT.—The analysis for 

13 chapter 481 of title 49, United States Code, is 

14 amended by inserting after the item relating to sec15 tion 48101 the following: 

‘‘48101a. Other facilities and equipment.’’. 

16 (3) CONFORMING AMENDMENTS.— 

17 (A) SUBMISSION OF BUDGET INFORMA18 TION AND LEGISLATIVE RECOMMENDATIONS

19 AND COMMENTS.—Section 48109 of title 49, 

20 United States Code, is amended by inserting ‘‘, 

21 48101a,’’ before ‘‘or 48102’’. 

22 (B) REPROGRAMMING NOTIFICATION RE23 QUIREMENT.—Section 48113 of title 49, United 

24 States Code, is amended by inserting 

25 ‘‘48101a,’’ before ‘‘or 48103’’. 


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1 SEC. 103. FAA OPERATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS FROM

3 GENERAL FUND.—Section 106(k)(1) of title 49, United 

4 States Code, is amended— 

5 (1) in the paragraph heading by inserting 

6 ‘‘FROM GENERAL FUND’’ after ‘‘MAINTENANCE’’; and 

7 (2) by striking subparagraphs (A) through (E) 

8 and inserting the following: 

9 ‘‘(A) $1,988,000,000 for fiscal year 2016; 

10 ‘‘(B) $2,055,000,000 for fiscal year 2017; 

11 ‘‘(C) $2,124,000,000 for fiscal year 2018; 

12 ‘‘(D) $2,196,000,000 for fiscal year 2019; 

13 ‘‘(E) $1,637,000,000 for fiscal year 2020; 

14 ‘‘(F) $1,675,000,000 for fiscal year 2021; 

15 and 

16 ‘‘(G) $1,713,000,000 for fiscal year 

17 2022.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS FROM AIR19 PORT AND AIRWAY TRUST FUND.—Section 106(k)(2) of 

20 title 49, United States Code, is amended to read as fol21 lows: 

22 ‘‘(2) SALARIES, OPERATIONS, AND MAINTE23 NANCE FROM AIRPORT AND AIRWAY TRUST FUND.— 

24 There is authorized to be appropriated to the Sec25 retary out of the Airport and Airway Trust Fund es26 tablished under section 9502 of the Internal RevVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 enue Code of 1986 for salaries, operations, and 

2 maintenance of the Administration— 

3 ‘‘(A) $7,922,000,000 for fiscal year 2016; 

4 ‘‘(B) $8,057,000,000 for fiscal year 2017; 

5 ‘‘(C) $8,215,000,000 for fiscal year 2018; 

6 and 

7 ‘‘(D) $8,374,000,000 for fiscal year 

8 2019.’’. 

9 (c) AUTHORITY TO TRANSFER FUNDS.—Section 

10 106(k)(3) of title 49, United States Code, is amended— 

11 (1) by striking ‘‘fiscal years 2012’’ and all that 

12 follows through ‘‘2016’’ and inserting ‘‘fiscal years 

13 2016 through 2019’’; and 

14 (2) by striking ‘‘paragraph (1)’’ each place it 

15 appears and inserting ‘‘paragraphs (1) and (2)’’. 

16 SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING. 

17 Effective October 1, 2016, section 48112 of title 49, 

18 United States Code, and the item relating to such section 

19 in the analysis for chapter 481 of such title, are repealed. 

20 SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

21 Section 48114(a)(1)(A)(ii) of title 49, United States 

22 Code, is amended by striking ‘‘in fiscal year 2014 and 

23 each fiscal year thereafter’’ and inserting ‘‘in fiscal years 

24 2014 through 2016’’. 


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1 SEC. 106. OVERFLIGHT FEES. 

2 Section 45301 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(f) TERMINATION OF FEES.—The fees established 

5 under this section shall terminate on the date of transfer 

6 (as defined in section 90101(a)).’’. 

7 Subtitle B—Passenger Facility 

8 Charges 

9 SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION. 

10 Section 40117(b) of title 49, United States Code, is 

11 amended— 

12 (1) in paragraph (1) by striking ‘‘or $3’’ and 

13 inserting ‘‘$3, $4, or $4.50’’; 

14 (2) by repealing paragraph (4); 

15 (3) in paragraph (6)— 

16 (A) by striking ‘‘specified in paragraphs 

17 (1) and (4)’’ and inserting ‘‘specified in para18 graph (1)’’; and 

19 (B) by striking ‘‘imposed under paragraph 

20 (1) or (4)’’ and inserting ‘‘imposed under para21 graph (1)’’; and 

22 (4) in paragraph (7)(A)— 

23 (A) by striking ‘‘specified in paragraphs 

24 (1), (4), and (6)’’ and inserting ‘‘specified in 

25 paragraphs (1) and (6)’’; and 


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1 (B) by striking ‘‘imposed under paragraph 

2 (1) or (4)’’ and inserting ‘‘imposed under para3 graph (1)’’. 

4 SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY 

5 CHARGE AUTHORIZATIONS AT CERTAIN AIR6 PORTS. 

7 Section 40117(l) of title 49, United States Code, is 

8 amended— 

9 (1) in the subsection heading by striking 

10 ‘‘NONHUB’’ and inserting ‘‘CERTAIN’’; and 

11 (2) in paragraph (1) by striking ‘‘nonhub’’ and 

12 inserting ‘‘nonhub, small hub, and medium hub’’. 

13 Subtitle C—Airport Improvement 

14 Program Modifications 

15 SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO 

16 PROVIDE FAA AIRPORT SPACE. 

17 Section 44502 of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(f) AIRPORT SPACE.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Administrator of the Federal Aviation 

22 Administration may not require an airport owner, 

23 operator, or sponsor (as defined in section 47102) to 

24 provide building construction, maintenance, utilities, 

25 administrative support, or space on airport property 


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1 to the Federal Aviation Administration without ade2 quate compensation. 

3 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

4 apply in any case in which an airport owner, oper5 ator, or sponsor— 

6 ‘‘(A) provides land or buildings without 

7 compensation prior to the date of transfer (as 

8 defined in section 90101(a)) to the Federal 

9 Aviation Administration for facilities used to 

10 carry out activities related to air traffic control 

11 or navigation pursuant to a grant assurance; or 

12 ‘‘(B) provides goods or services to the Fed13 eral Aviation Administration without compensa14 tion or at below-market rates pursuant to a ne15 gotiated agreement between the owner, oper16 ator, or sponsor and the Administrator.’’. 

17 SEC. 122. MOTHERS’ ROOMS AT AIRPORTS. 

18 (a) LACTATION AREA DEFINED.—Section 47102 of 

19 title 49, United States Code, is amended— 

20 (1) by redesignating paragraphs (10) through 

21 (28) as paragraphs (11) through (29), respectively; 

22 and 

23 (2) by inserting after paragraph (9) the fol24 lowing: 


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1 ‘‘(10) ‘lactation area’ means a room or other lo2 cation in a commercial service airport that— 

3 ‘‘(A) provides a location for members of 

4 the public to express breast milk that is shield5 ed from view and free from intrusion from the 

6 public; 

7 ‘‘(B) has a door that can be locked; 

8 ‘‘(C) includes a place to sit, a table or 

9 other flat surface, and an electrical outlet; 

10 ‘‘(D) is readily accessible to and usable by 

11 individuals with disabilities, including individ12 uals who use wheelchairs; and 

13 ‘‘(E) is not located in a restroom.’’. 

14 (b) PROJECT GRANT WRITTEN ASSURANCES FOR

15 LARGE AND MEDIUM HUB AIRPORTS.— 

16 (1) IN GENERAL.—Section 47107(a) of title 49, 

17 United States Code, is amended— 

18 (A) in paragraph (20) by striking ‘‘and’’ at 

19 the end; 

20 (B) in paragraph (21) by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(22) with respect to a medium or large hub 

24 airport, the airport owner or operator will maintain 

25 a lactation area in each passenger terminal building 


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1 of the airport in the sterile area (as defined in sec2 tion 1540.5 of title 49, Code of Federal Regulations) 

3 of the building.’’. 

4 (2) APPLICABILITY.— 

5 (A) IN GENERAL.—The amendment made 

6 by paragraph (1) shall apply to a project grant 

7 application submitted for a fiscal year begin8 ning on or after the date that is 2 years after 

9 the date of enactment of this Act. 

10 (B) SPECIAL RULE.—The requirement in 

11 the amendment made by paragraph (1) that a 

12 lactation area be located in the sterile area of 

13 a passenger terminal building shall not apply 

14 with respect to a project grant application for 

15 a period of time, determined by the Secretary 

16 of Transportation, if the Secretary determines 

17 that construction or maintenance activities 

18 make it impracticable or unsafe for the lacta19 tion area to be located in the sterile area of the 

20 building. 

21 (c) TERMINAL DEVELOPMENT COSTS.—Section 

22 47119(a) of title 49, United States Code, is amended by 

23 adding at the end the following: 

24 ‘‘(3) LACTATION AREAS.—In addition to the 

25 projects described in paragraph (1), the Secretary 


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1 may approve a project for terminal development for 

2 the construction or installation of a lactation area at 

3 a commercial service airport.’’. 

4 (d) PRE-EXISTING FACILITIES.—On application by 

5 an airport sponsor, the Secretary may determine that a 

6 lactation area in existence on the date of enactment of 

7 this Act complies with the requirement of section 

8 47107(a)(22) of title 49, United States Code, as added 

9 by this section, notwithstanding the absence of one of the 

10 facilities or characteristics referred to in the definition of 

11 the term ‘‘lactation area’’ in section 47102 of such title, 

12 as added by this section. 

13 SEC. 123. RECYCLING PLANS FOR AIRPORTS. 

14 Section 47106(a)(6) of title 49, United States Code, 

15 is amended by inserting ‘‘that includes the project’’ before 

16 ‘‘, the master plan’’. 

17 SEC. 124. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

18 Section 47107(r)(3) of title 49, United States Code, 

19 is amended by striking ‘‘April 1, 2016’’ and inserting ‘‘Oc20 tober 1, 2022’’. 

21 SEC. 125. GRANT ASSURANCES. 

22 Section 47107 is amended by adding at the end the 

23 following: 

24 ‘‘(t) CONSTRUCTION OF RECREATIONAL AIR25 CRAFT.— 


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1 ‘‘(1) IN GENERAL.—The construction of a cov2 ered aircraft shall be treated as an aeronautical ac3 tivity for purposes of— 

4 ‘‘(A) determining an airport’s compliance 

5 with a grant assurance made under this section 

6 or any other provision of law; and 

7 ‘‘(B) the receipt of Federal financial assist8 ance for airport development. 

9 ‘‘(2) COVERED AIRCRAFT DEFINED.—In this 

10 subsection, the term ‘covered aircraft’ means an air11 craft— 

12 ‘‘(A) used or intended to be used exclu13 sively for recreational purposes; and 

14 ‘‘(B) constructed or under construction by 

15 a private individual at a general aviation air16 port.’’. 

17 SEC. 126. GOVERNMENT SHARE OF PROJECT COSTS. 

18 Section 47109(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (1) by striking ‘‘primary air21 port having at least .25 percent of the total number 

22 of passenger boardings each year at all commercial 

23 service airports;’’ and inserting ‘‘medium or large 

24 hub airport;’’; and 


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1 (2) by striking paragraph (5) and inserting the 

2 following: 

3 ‘‘(5) 95 percent for a project that— 

4 ‘‘(A) the Administrator determines is a 

5 successive phase of a multi-phase construction 

6 project for which the sponsor received a grant 

7 in fiscal year 2011; and 

8 ‘‘(B) for which the United States Govern9 ment’s share of allowable project costs could 

10 otherwise be 90 percent under paragraph (2) or 

11 (3).’’. 

12 SEC. 127. SPECIAL RULE. 

13 Section 47114(d)(3) of title 49, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(C) During fiscal years 2016 through 

16 2019— 

17 ‘‘(i) an airport that accrued appor18 tionment funds under subparagraph (A) in 

19 fiscal year 2014 that is listed as having an 

20 unclassified status under the most recent 

21 national plan of integrated airport systems 

22 shall continue to accrue apportionment 

23 funds under subparagraph (A) at the same 

24 amount the airport accrued apportionment 


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1 funds in fiscal year 2014, subject to the 

2 conditions of this paragraph; 

3 ‘‘(ii) notwithstanding the period of 

4 availability as described in section 

5 47117(b), an amount apportioned to an 

6 airport under clause (i) shall be available 

7 to the airport only during the fiscal year in 

8 which the amount is apportioned; and 

9 ‘‘(iii) notwithstanding the waiver per10 mitted under section 47117(c)(2), an air11 port receiving apportionment funds under 

12 clause (i) may not waive its claim to any 

13 part of the apportioned funds in order to 

14 make the funds available for a grant for 

15 another public-use airport. 

16 ‘‘(D) An airport that re-establishes its 

17 classified status shall be eligible to accrue ap18 portionment funds pursuant to subparagraph 

19 (A) so long as such airport retains its classified 

20 status.’’. 

21 SEC. 128. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 

22 Section 47115 of title 49, United States Code, is 

23 amended— 

24 (1) by striking subsection (i); 


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1 (2) by redesignating subsection (j) as sub2 section (i); and 

3 (3) in subsection (i) (as so redesignated) by 

4 striking ‘‘2012’’ and all that follows through ‘‘2016’’ 

5 and inserting ‘‘2016 through 2022’’. 

6 SEC. 129. STATE BLOCK GRANT PROGRAM EXPANSION. 

7 Section 47128(a) of title 49, United States Code, is 

8 amended by striking ‘‘not more than 9 qualified States 

9 for fiscal years 2000 and 2001 and 10 qualified States 

10 for each fiscal year thereafter’’ and inserting ‘‘not more 

11 than 20 qualified States for each fiscal year’’. 

12 SEC. 130. PILOT PROGRAM SUNSET. 

13 (a) IN GENERAL.—Section 47140 of title 49, United 

14 States Code, is repealed. 

15 (b) CONFORMING AMENDMENT.—Section 47140a of 

16 title 49, United States Code, is redesignated as section 

17 47140. 

18 (c) CLERICAL AMENDMENTS.—The analysis for 

19 chapter 471 of title 49, United States Code, is amended— 

20 (1) by striking the items relating to sections 

21 47140 and 47140a; and 

22 (2) by inserting after the item relating to sec23 tion 47139 the following: 

‘‘47140. Increasing the energy efficiency of airport power sources.’’. 


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1 SEC. 131. EXTENSION OF GRANT AUTHORITY FOR COMPAT2 IBLE LAND USE PLANNING AND PROJECTS 

3 BY STATE AND LOCAL GOVERNMENTS. 

4 Section 47141(f) of title 49, United States Code, is 

5 amended by striking ‘‘not be in effect after March 31, 

6 2016’’ and inserting ‘‘cease to be effective beginning Octo7 ber 1, 2022’’. 

8 SEC. 132. MIDWAY ISLAND AIRPORT. 

9 Section 186(d) of the Vision 100—Century of Avia10 tion Reauthorization Act (117 Stat. 2518) is amended in 

11 the first sentence by striking ‘‘fiscal years 2012 through 

12 2015’’ and all that follows through ‘‘2016,’’ and inserting 

13 ‘‘fiscal years 2016 through 2022’’. 

14 SEC. 133. PROPERTY CONVEYANCE RELEASES. 

15 Section 817(a) of the FAA Modernization and Re16 form Act of 2012 (49 U.S.C. 47125 note) is amended— 

17 (1) by striking ‘‘or section 23’’ and inserting ‘‘, 

18 section 23’’; and 

19 (2) by inserting ‘‘, or section 47125 of title 49, 

20 United States Code’’ before the period at the end. 

21 SEC. 134. MINORITY AND DISADVANTAGED BUSINESS PAR22 TICIPATION. 

23 Congress finds the following: 

24 (1) While significant progress has occurred due 

25 to the establishment of the airport disadvantaged 

26 business enterprise program (49 U.S.C. 47107(e) 


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1 and 47113), discrimination and related barriers con2 tinue to pose significant obstacles for minority- and 

3 women-owned businesses seeking to do business in 

4 airport-related markets across the Nation. These 

5 continuing barriers merit the continuation of the air6 port disadvantaged business enterprise program. 

7 (2) Congress has received and reviewed testi8 mony and documentation of race and gender dis9 crimination from numerous sources, including con10 gressional hearings and roundtables, scientific re11 ports, reports issued by public and private agencies, 

12 news stories, reports of discrimination by organiza13 tions and individuals, and discrimination lawsuits. 

14 This testimony and documentation shows that race15 and gender-neutral efforts alone are insufficient to 

16 address the problem. 

17 (3) This testimony and documentation dem18 onstrates that discrimination across the Nation 

19 poses a barrier to full and fair participation in air20 port-related businesses of women business owners 

21 and minority business owners in the racial groups 

22 detailed in parts 23 and 26 of title 49, Code of Fed23 eral Regulations, and has impacted firm develop24 ment and many aspects of airport-related business 

25 in the public and private markets. 


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1 (4) This testimony and documentation provides 

2 a strong basis that there is a compelling need for the 

3 continuation of the airport disadvantaged business 

4 enterprise program and the airport concessions dis5 advantaged business enterprise program to address 

6 race and gender discrimination in airport-related 

7 business. 

8 SEC. 135. CONTRACT TOWER PROGRAM. 

9 (a) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 

10 (1) SPECIAL RULE.—Section 47124(b)(1)(B) of 

11 title 49, United States Code, is amended by striking 

12 ‘‘exceeds the benefit for a period of 18 months after 

13 such determination is made’’ and inserting the fol14 lowing: ‘‘exceeds the benefit— 

15 ‘‘(i) for the 1-year period after such 

16 determination is made; or 

17 ‘‘(ii) if an appeal of such determina18 tion is requested, for the 1-year period de19 scribed in subsection (d)(4)(C).’’. 

20 (2) FUNDING OF COST-SHARE PROGRAM.—Sec21 tion 47124(b)(3)(E) of title 49, United States Code, 

22 is amended to read as follows: 

23 ‘‘(E) FUNDING.—Amounts appropriated 

24 pursuant to section 106(k)(1) may be used to 

25 carry out this paragraph.’’. 


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1 (3) CONSTRUCTION OF AIR TRAFFIC CONTROL

2 TOWERS.— 

3 (A) GRANTS.—Section 47124(b)(4)(A) of 

4 title 49, United States Code, is amended in 

5 each of clauses (i)(III) and (ii)(III) by inserting 

6 ‘‘, including remote air traffic control tower 

7 equipment certified by the Federal Aviation Ad8 ministration’’ after ‘‘1996’’. 

9 (B) ELIGIBILITY.—Section 47124(b)(4)(B) 

10 of title 49, United States Code, is amended to 

11 read as follows: 

12 ‘‘(B) ELIGIBILITY.— 

13 ‘‘(i) BEFORE DATE OF TRANSFER.— 

14 Before the date of transfer (as defined in 

15 section 90101(a)), an airport sponsor shall 

16 be eligible for a grant under this para17 graph only if— 

18 ‘‘(I)(aa) the sponsor is a partici19 pant in the Federal Aviation Adminis20 tration contract tower program estab21 lished under subsection (a) and con22 tinued under paragraph (1) or the 

23 pilot program established under para24 graph (3); or 


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1 ‘‘(bb) construction of a non2 approach control tower would qualify 

3 the sponsor to be eligible to partici4 pate in such program; 

5 ‘‘(II) the sponsor certifies that it 

6 will pay not less than 10 percent of 

7 the cost of the activities for which the 

8 sponsor is receiving assistance under 

9 this paragraph; 

10 ‘‘(III) the Secretary affirmatively 

11 accepts the proposed contract tower 

12 into a contract tower program under 

13 this section and certifies that the Sec14 retary will seek future appropriations 

15 to pay the Federal Aviation Adminis16 tration’s cost of the contract to oper17 ate the tower to be constructed under 

18 this paragraph; 

19 ‘‘(IV) the sponsor certifies that it 

20 will pay its share of the cost of the 

21 contract to operate the tower to be 

22 constructed under this paragraph; and 

23 ‘‘(V) in the case of a tower to be 

24 constructed under this paragraph 

25 from amounts made available under 


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1 section 47114(d)(2) or 

2 47114(d)(3)(B), the Secretary cer3 tifies that— 

4 ‘‘(aa) the Federal Aviation 

5 Administration has consulted the 

6 State within the borders of which 

7 the tower is to be constructed 

8 and the State supports the con9 struction of the tower as part of 

10 its State airport capital plan; and 

11 ‘‘(bb) the selection of the 

12 tower for funding is based on ob13 jective criteria. 

14 ‘‘(ii) ON AND AFTER DATE OF TRANS15 FER.—On and after the date of transfer 

16 (as defined in section 90101(a)), an air17 port sponsor shall be eligible for a grant 

18 under this paragraph only if— 

19 ‘‘(I) the Secretary determines 

20 that the tower to be constructed at 

21 the sponsor’s airport using the 

22 amounts of the grant will be operated 

23 pursuant to an agreement entered 

24 into by the ATC Corporation and an 


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1 entity pursuant to section 

2 90302(c)(3); 

3 ‘‘(II) the sponsor certifies that it 

4 will pay not less than 10 percent of 

5 the cost of the activities for which the 

6 sponsor is receiving assistance under 

7 this paragraph; and 

8 ‘‘(III) in the case of a tower to 

9 be constructed under this paragraph 

10 from amounts made available under 

11 section 47114(d)(2) or 

12 47114(d)(3)(B), the Secretary cer13 tifies that— 

14 ‘‘(aa) the Federal Aviation 

15 Administration has consulted the 

16 State within the borders of which 

17 the tower is to be constructed 

18 and the State supports the con19 struction of the tower as part of 

20 its State airport capital plan; and 

21 ‘‘(bb) the selection of the 

22 tower for funding is based on ob23 jective criteria.’’. 


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1 (C) LIMITATION ON FEDERAL SHARE.— 

2 Section 47124(b)(4) of title 49, United States 

3 Code, is amended by striking subparagraph (C). 

4 (b) SAFETY AUDITS.—Section 47124(c) of title 49, 

5 United States Code, is amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 the following: 

8 ‘‘(1) BEFORE DATE OF TRANSFER.—Before the 

9 date of transfer (as defined in section 90101(a)), the 

10 Secretary’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) ON AND AFTER DATE OF TRANSFER.—On 

13 and after the date of transfer (as defined in section 

14 90101(a)), oversight of air traffic control towers 

15 that receive funding under this section shall be car16 ried out in accordance with performance-based regu17 lations and minimum safety standards prescribed 

18 under section 90501.’’. 

19 (c) CRITERIA TO EVALUATE PARTICIPANTS.—Sec20 tion 47124 of title 49, United States Code, is amended 

21 by adding at the end the following: 

22 ‘‘(d) CRITERIA TO EVALUATE PARTICIPANTS.— 

23 ‘‘(1) TIMING OF EVALUATIONS.— 

24 ‘‘(A) TOWERS PARTICIPATING IN COST25 SHARE PROGRAM.—In the case of an air traffic 


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1 control tower that is operated under the pro2 gram established under subsection (b)(3), the 

3 Secretary shall annually calculate a benefit-to4 cost ratio with respect to the tower. 

5 ‘‘(B) TOWERS PARTICIPATING IN CON6 TRACT TOWER PROGRAM.—In the case of an air 

7 traffic control tower that is operated under the 

8 program established under subsection (a) and 

9 continued under subsection (b)(1), the Sec10 retary shall not calculate a benefit-to-cost ratio 

11 after the date of enactment of this subsection 

12 with respect to the tower unless the Secretary 

13 determines that the annual aircraft traffic at 

14 the airport where the tower is located has de15 creased— 

16 ‘‘(i) by more than 25 percent from the 

17 previous year; or 

18 ‘‘(ii) by more than 60 percent cumula19 tively in the preceding 3-year period. 

20 ‘‘(2) COSTS TO BE CONSIDERED.—In estab21 lishing a benefit-to-cost ratio under this section with 

22 respect to an air traffic control tower, the Secretary 

23 shall consider only the following costs: 


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1 ‘‘(A) The Federal Aviation Administra2 tion’s actual cost of wages and benefits of per3 sonnel working at the tower. 

4 ‘‘(B) The Federal Aviation Administra5 tion’s actual telecommunications costs directly 

6 associated with the tower. 

7 ‘‘(C) The Federal Aviation Administra8 tion’s costs of purchasing and installing any air 

9 traffic control equipment that would not have 

10 been purchased or installed except for the oper11 ation of the tower. 

12 ‘‘(D) The Federal Aviation Administra13 tion’s actual travel costs associated with main14 taining air traffic control equipment that is 

15 owned by the Administration and would not be 

16 maintained except for the operation of the 

17 tower. 

18 ‘‘(3) OTHER CRITERIA TO BE CONSIDERED.—In 

19 establishing a benefit-to-cost ratio under this section 

20 with respect to an air traffic control tower, the Sec21 retary shall add a 10 percentage point margin of 

22 error to the benefit-to-cost ratio determination to ac23 knowledge and account for the direct and indirect 

24 economic and other benefits that are not included in 


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1 the criteria the Secretary used in calculating that 

2 ratio. 

3 ‘‘(4) REVIEW OF COST-BENEFIT DETERMINA4 TIONS.—In issuing a benefit-to-cost ratio determina5 tion under this section with respect to an air traffic 

6 control tower located at an airport, the Secretary 

7 shall implement the following procedures: 

8 ‘‘(A) The Secretary shall provide the air9 port (or the State or local government having 

10 jurisdiction over the airport) at least 90 days 

11 following the date of receipt of the determina12 tion to submit to the Secretary a request for an 

13 appeal of the determination, together with up14 dated or additional data in support of the ap15 peal. 

16 ‘‘(B) Upon receipt of a request for an ap17 peal submitted pursuant to subparagraph (A), 

18 the Secretary shall— 

19 ‘‘(i) transmit to the Administrator any 

20 updated or additional data submitted in 

21 support of the appeal; and 

22 ‘‘(ii) provide the Administrator not 

23 more than 90 days to review the data and 

24 provide a response to the Secretary based 

25 on the review. 


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1 ‘‘(C) After receiving a response from the 

2 Administrator pursuant to subparagraph (B), 

3 the Secretary shall— 

4 ‘‘(i) provide the airport, State, or local 

5 government that requested the appeal at 

6 least 30 days to review the response; and 

7 ‘‘(ii) withhold from taking further ac8 tion in connection with the appeal during 

9 that 30-day period. 

10 ‘‘(D) If, after completion of the appeal pro11 cedures with respect to the determination, the 

12 Secretary requires the tower to transition into 

13 the program established under subsection 

14 (b)(3), the Secretary shall not require a cost15 share payment from the airport, State, or local 

16 government for 1 year following the last day of 

17 the 30-day period described in subparagraph 

18 (C).’’. 

19 SEC. 136. CRITICAL HABITAT ON OR NEAR AIRPORT PROP20 ERTY. 

21 (a) FEDERAL AGENCY REQUIREMENTS.—The Sec22 retary of Transportation, to the maximum extent prac23 ticable, shall work with the heads of appropriate Federal 

24 agencies to ensure that designations of critical habitat, as 

25 that term is defined in section 3 of the Endangered SpeVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 cies Act of 1973 (16 U.S.C. 1532), on or near airport 

2 property do not— 

3 (1) result in conflicting statutory, regulatory, or 

4 Federal grant assurance requirements for airports or 

5 aircraft operators; 

6 (2) interfere with the safe operation of aircraft; 

7 or 

8 (3) occur on airport-owned lands that have be9 come attractive habitat for a threatened or endan10 gered species because such lands— 

11 (A) have been prepared for future develop12 ment; 

13 (B) have been designated as noise buffer 

14 land; or 

15 (C) are held by the airport to prevent en16 croachment of uses that are incompatible with 

17 airport operations. 

18 (b) STATE REQUIREMENTS.—In a State where a 

19 State agency is authorized to designate land on or near 

20 airport property for the conservation of a threatened or 

21 endangered species in the State, the Secretary, to the 

22 maximum extent practicable, shall work with the State in 

23 the same manner as the Secretary works with the heads 

24 of Federal agencies under subsection (a). 


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1 SEC. 137. RNAV DEPARTURE PROCEDURES. 

2 When proposing a new area navigation departure pro3 cedure, or amending an existing procedure that would di4 rect aircraft between the surface and 6,000 feet above 

5 ground level over noise sensitive areas, the Administrator 

6 of the Federal Aviation Administration shall consider the 

7 feasibility of dispersal headings or other lateral track vari8 ations to address community noise concerns, if— 

9 (1) the affected airport operator, in consulta10 tion with the affected community, submits a request 

11 to the Administrator for such a consideration; 

12 (2) the airport operator’s request would not, in 

13 the judgment of the Administrator, conflict with the 

14 safe and efficient operation of the national airspace 

15 system; and 

16 (3) the effect of a modified departure procedure 

17 would not significantly increase noise over noise sen18 sitive areas, as determined by the Administrator. 

19 SEC. 138. REVIEW AND NOTIFICATION OF CATEGORICAL 

20 EXCLUSIONS GRANTED FOR NEXT GENERA21 TION FLIGHT PROCEDURES. 

22 Section 213(c) of the FAA Modernization and Re23 form Act of 2012 (49 U.S.C. 40101 note) is amended by 

24 adding at the end the following: 


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1 ‘‘(3) NOTIFICATIONS AND CONSULTATIONS.— 

2 As part of the process to apply a categorical exclu3 sion under this subsection, the Administrator shall— 

4 ‘‘(A) notify and consult with the operator 

5 of the airport at which the procedure would be 

6 implemented regarding appropriate community 

7 involvement practices; and 

8 ‘‘(B) consider consultations or other en9 gagement with the community in which the air10 port is located to inform the public of the new 

11 procedure. 

12 ‘‘(4) REVIEW OF CERTAIN CATEGORICAL EX13 CLUSIONS.— 

14 ‘‘(A) IN GENERAL.—The Administrator 

15 shall review a decision of the Administrator 

16 made between February 14, 2012, and Sep17 tember 30, 2014, to grant a categorical exclu18 sion under this subsection with respect to a pro19 cedure to be implemented at an OEP airport 

20 that was a material change from procedures 

21 previously in effect at the airport to determine 

22 if the implementation of the procedure had a 

23 significant effect on the human environment in 

24 the community in which the airport is located. 


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1 ‘‘(B) CONTENT OF REVIEW.—If, in con2 ducting a review under subparagraph (A) with 

3 respect to a procedure implemented at an OEP 

4 airport, the Administrator, in consultation with 

5 the operator of the airport, determines that im6 plementing the procedure had a significant ef7 fect on the human environment in the commu8 nity in which the airport is located, the Admin9 istrator shall— 

10 ‘‘(i) consult with the operator of the 

11 airport to identify measures to mitigate the 

12 effect of the procedure on the human envi13 ronment; and 

14 ‘‘(ii) in conducting such consultations, 

15 consider the use of alternative flight paths 

16 that do not substantially degrade the effi17 ciencies achieved by the implementation of 

18 the procedure being reviewed. 

19 ‘‘(C) HUMAN ENVIRONMENT DEFINED.— 

20 In this paragraph, the term ‘human environ21 ment’ has the meaning given that term in sec22 tion 1508.14 of title 40, Code of Federal Regu23 lations (as in effect on the day before the date 

24 of enactment of this paragraph).’’. 


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1 TITLE II—ATC CORPORATION 

2 SEC. 201. PURPOSES. 

3 It is declared to be the purpose of Congress in this 

4 title to transfer operation of air traffic services currently 

5 provided by the Federal Aviation Administration to a sep6 arate not-for-profit corporate entity to provide for the 

7 more efficient operation and improvement of air traffic 

8 services. 

9 Subtitle A—Establishment of ATC 

10 Corporation 

11 SEC. 211. ATC CORPORATION. 

12 (a) IN GENERAL.—Title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘Subtitle XI—ATC Corporation 

‘‘Chapter Sec. 

‘‘901. General Provisions ................................................................ 90101 

‘‘903. Establishment of Corporation; Transfer of Air Traffic Services ............................................................... 90301 

‘‘905. Oversight of Corporation ................................................... 90501 

‘‘907. Employee Management ....................................................... 90701 

‘‘909. Other Matters .......................................................................... 90901 

15 ‘‘CHAPTER 901—GENERAL PROVISIONS 

‘‘Sec. 

‘‘90101. Definitions. 

16 ‘‘§ 90101. Definitions 

17 ‘‘(a) IN GENERAL.—In this subtitle, the following 

18 definitions apply: 

19 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the FAA. 


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1 ‘‘(2) AIR TRAFFIC SERVICES.—The term ‘air 

2 traffic services’ means services used for the moni3 toring, directing, control, and guidance of aircraft or 

4 flows of aircraft and for the safe conduct of flight, 

5 including communications, navigation, and surveil6 lance services and provision of aeronautical informa7 tion. 

8 ‘‘(3) AIR TRAFFIC SERVICES USER.—The term 

9 ‘air traffic services user’ means any individual or en10 tity using air traffic services provided by the Cor11 poration within United States airspace or inter12 national airspace delegated to the United States. 

13 ‘‘(4) BOARD.—The term ‘Board’ means the 

14 Board of Directors of the Corporation. 

15 ‘‘(5) CEO.—The term ‘CEO’ means the Chief 

16 Executive Officer of the Corporation. 

17 ‘‘(6) CHARGE; FEE.—The terms ‘charge’ and 

18 ‘fee’ mean any rate, charge, fee, or other service 

19 charge for the use of air traffic services. 

20 ‘‘(7) CORPORATION.—The term ‘Corporation’ 

21 means the ATC Corporation established under this 

22 subtitle. 

23 ‘‘(8) DATE OF TRANSFER.—The term ‘date of 

24 transfer’ means the date on which the Corporation 

25 assumes operational control of air traffic services 


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1 from the FAA pursuant to this subtitle, which shall 

2 be October 1, 2019. 

3 ‘‘(9) DIRECTOR.—The term ‘Director’ means a 

4 Director of the Board. 

5 ‘‘(10) FAA.—The term ‘FAA’ means the Fed6 eral Aviation Administration. 

7 ‘‘(11) INTERIM CEO.—The term ‘Interim CEO’ 

8 means the Interim Chief Executive Officer of the 

9 Corporation. 

10 ‘‘(12) MAINLINE AIR CARRIER.—The term 

11 ‘mainline air carrier’ means an air carrier that oper12 ates under part 121 of title 14, Code of Federal 

13 Regulations, and has primary responsibility for in14 ventory control of the carrier’s flights. 

15 ‘‘(13) NOMINATING MEMBER.—The term 

16 ‘Nominating Member’ means a Nominating Member 

17 of the Corporation. 

18 ‘‘(14) SECRETARY.—The term ‘Secretary’ 

19 means the Secretary of Transportation. 

20 ‘‘(b) APPLICABILITY OF OTHER DEFINITIONS.—Ex21 cept with respect to the terms specifically defined in this 

22 subtitle, the definitions contained in section 40102(a) shall 

23 apply to the terms used in this subtitle. 


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1 ‘‘CHAPTER 903—ESTABLISHMENT OF COR2 PORATION; TRANSFER OF AIR TRAF3 FIC SERVICES 

‘‘Sec. 

‘‘90301. Establishment of Corporation. 

‘‘90302. Transfer of air traffic services. 

‘‘90303. Role of Secretary in transferring air traffic services to Corporation. 

‘‘90304. Status and applicable laws. 

‘‘90305. Nominating Membership. 

‘‘90306. Board of Directors. 

‘‘90307. Committees of Board; independent auditors. 

‘‘90308. Advisory Board. 

‘‘90309. Officers and their responsibilities. 

‘‘90310. Authority of Corporation. 

‘‘90311. Charges and fees for air traffic services. 

‘‘90312. Preemption of authority over air traffic services. 

‘‘90313. Actions by and against Corporation. 

‘‘90314. Air traffic services for Federal agencies. 

‘‘90315. Transfer of Federal personnel to Corporation. 

‘‘90316. Transfer of facilities to Corporation. 

‘‘90317. Approval of transferred air navigation facilities and other equipment. 

‘‘90318. Use of spectrum systems and data. 

4 ‘‘§ 90301. Establishment of Corporation 

5 ‘‘(a) FEDERAL CHARTER.—There is established a 

6 federally chartered, not-for-profit corporation to be known 

7 as the ‘ATC Corporation’, which shall be incorporated in 

8 a State of its choosing. 

9 ‘‘(b) CORPORATION NAME.— 

10 ‘‘(1) IN GENERAL.—The Corporation may con11 duct its business and affairs, and otherwise hold 

12 itself out, as the ‘ATC Corporation’ in any jurisdic13 tion. 

14 ‘‘(2) EXCLUSIVE RIGHT.—The Corporation 

15 shall have the exclusive right to use the name ‘ATC 

16 Corporation’. 


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1 ‘‘§ 90302. Transfer of air traffic services 

2 ‘‘(a) IN GENERAL.—The Secretary shall transfer 

3 operational control over air traffic services within United 

4 States airspace and international airspace delegated to the 

5 United States to the Corporation on the date of transfer 

6 in a systematic and orderly manner that ensures con7 tinuity of safe air traffic services. 

8 ‘‘(b) MANAGEMENT AND OPERATION OF AIR TRAF9 FIC SERVICES.—Subject to section 90501, the Corpora10 tion may establish and carry out plans for the manage11 ment and operation of air traffic services within United 

12 States airspace and international airspace delegated to the 

13 United States. 

14 ‘‘(c) ENTITIES AUTHORIZED TO PROVIDE AIR TRAF15 FIC SERVICES AFTER DATE OF TRANSFER.—After the 

16 date of transfer, no entity, other than the Corporation, 

17 is authorized or permitted to provide air traffic services 

18 within United States airspace or international airspace 

19 delegated to the United States, except for— 

20 ‘‘(1) the Department of Defense, as directed by 

21 the President; 

22 ‘‘(2) entities to which the United States has 

23 delegated certain air traffic service responsibilities; 

24 and 

25 ‘‘(3) entities with which the Corporation has 

26 contracted for the provision of air traffic services. 


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1 ‘‘§ 90303. Role of Secretary in transferring air traffic 

2 services to Corporation 

3 ‘‘(a) IN GENERAL.—As appropriate, and except as 

4 otherwise provided, the Secretary shall manage and exe5 cute the transfer of operational control over air traffic 

6 services pursuant to section 90302(a) and any related 

7 transition processes and procedures. 

8 ‘‘(b) NONDELEGATION.—Except as otherwise pro9 vided, the Secretary may not delegate any of the authority 

10 or requirements under this subtitle to the Administrator. 

11 ‘‘§ 90304. Status and applicable laws 

12 ‘‘(a) NON-FEDERAL ENTITY.—The Corporation is 

13 not a department, agency, or instrumentality of the 

14 United States Government, and is not subject to title 31. 

15 ‘‘(b) LIABILITY.—The United States Government 

16 shall not be liable for the actions or inactions of the Cor17 poration. 

18 ‘‘(c) NOT-FOR-PROFIT CORPORATION.—The Cor19 poration shall maintain its status as a not-for-profit cor20 poration exempt from taxation under the Internal Revenue 

21 Code of 1986. 

22 ‘‘(d) NO FEDERAL GUARANTEE.—Any debt assumed 

23 by the Corporation shall not have an implied or explicit 

24 Federal guarantee. 


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1 ‘‘§ 90305. Nominating Membership 

2 ‘‘(a) NOMINATING MEMBERSHIP.—The Nominating 

3 Membership of the Corporation shall be composed of the 

4 following Nominating Members: 

5 ‘‘(1) A representative of the Federal Govern6 ment, who shall be the Secretary. 

7 ‘‘(2) Individuals appointed as follows: 

8 ‘‘(A) An individual appointed by the prin9 cipal organization representing mainline air car10 riers. 

11 ‘‘(B) An individual appointed by the prin12 cipal organization representing noncommercial 

13 owners and recreational operators of general 

14 aviation aircraft. 

15 ‘‘(C) An individual appointed by the prin16 cipal organization engaged in collective bar17 gaining on behalf of air traffic controllers em18 ployed by the Corporation. 

19 ‘‘(D) An individual appointed by the prin20 cipal organization representing the largest cer21 tified collective bargaining representative of air22 line pilots. 

23 ‘‘(b) DETERMINATION OF PRINCIPAL ORGANIZA24 TIONS.— 

25 ‘‘(1) BEFORE DATE OF TRANSFER.—Before the 

26 date of transfer, and not later than 30 days after 


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1 the date of enactment of this subtitle, the Secretary 

2 shall determine the principal organizations referred 

3 to in subsection (a)(2). 

4 ‘‘(2) AFTER DATE OF TRANSFER.—On and 

5 after the date of transfer, the Board shall determine 

6 the principal organizations referred to in subsection 

7 (a)(2) in accordance with the bylaws of the Corpora8 tion. 

9 ‘‘(c) TERMS.—Each Nominating Member appointed 

10 under subsection (a)(2) shall serve at the pleasure of the 

11 principal organization that appointed the Nominating 

12 Member. 

13 ‘‘(d) QUALIFICATIONS.— 

14 ‘‘(1) IN GENERAL.—Only a citizen of the 

15 United States may be appointed as a Nominating 

16 Member. 

17 ‘‘(2) PROHIBITIONS.—An individual may not 

18 serve as a Nominating Member under subsection 

19 (a)(2) if the individual is— 

20 ‘‘(A) an officer or employee of the Cor21 poration; 

22 ‘‘(B) a Member of Congress or an elected 

23 official serving in a State, local, or tribal gov24 ernment; or 


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1 ‘‘(C) an officer or employee of the Federal 

2 Government or any State, local, or tribal gov3 ernment. 

4 ‘‘(e) PRINCIPAL ORGANIZATION ENGAGED IN COL5 LECTIVE BARGAINING ON BEHALF OF AIR TRAFFIC CON6 TROLLERS EMPLOYED BY CORPORATION.—For purposes 

7 of this section and section 90306, before the date of trans8 fer, the term ‘principal organization engaged in collective 

9 bargaining on behalf of air traffic controllers employed by 

10 the Corporation’ means the principal organization engaged 

11 in collective bargaining on behalf of air traffic controllers 

12 employed by the FAA. 

13 ‘‘§ 90306. Board of Directors 

14 ‘‘(a) AUTHORITY.—The powers of the Corporation 

15 shall be vested in a Board of Directors that governs the 

16 Corporation. 

17 ‘‘(b) COMPOSITION OF BOARD OF DIRECTORS.—The 

18 Board shall be composed of the following Directors: 

19 ‘‘(1) The CEO. 

20 ‘‘(2) 2 Directors appointed by the Secretary. 

21 ‘‘(3) 4 Directors nominated by the Nominating 

22 Member appointed by the principal organization rep23 resenting mainline air carriers. 

24 ‘‘(4) 2 Directors nominated by the Nominating 

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1 resenting noncommercial owners and recreational op2 erators of general aviation aircraft. 

3 ‘‘(5) 1 Director nominated by the Nominating 

4 Member appointed by the principal organization en5 gaged in collective bargaining on behalf of air traffic 

6 controllers employed by the Corporation. 

7 ‘‘(6) 1 Director nominated by the Nominating 

8 Member appointed by the principal organization rep9 resenting the largest certified collective bargaining 

10 representative of airline pilots. 

11 ‘‘(c) NOMINATIONS AND APPOINTMENTS.— 

12 ‘‘(1) APPROVAL OF INITIAL NOMINATIONS.— 

13 Before the date on which all of the Directors have 

14 been approved for the first time or the date of trans15 fer, whichever occurs first, nominations made under 

16 subsection (b) shall be subject to the approval of the 

17 Directors appointed by the Secretary under sub18 section (b)(2). 

19 ‘‘(2) APPROVAL OF SUBSEQUENT NOMINA20 TIONS.—Except as provided by paragraph (3)(B), on 

21 and after the date on which all of the Directors have 

22 been approved for the first time or the date of trans23 fer, whichever occurs first, all nominations made 

24 under subsection (b) shall be subject to the approval 

25 of the Board. 


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1 ‘‘(3) DIRECTORS APPOINTED BY SECRETARY.— 

2 ‘‘(A) DEADLINE FOR INITIAL APPOINT3 MENTS.—The Secretary shall appoint the initial 

4 Directors under subsection (b)(2) not later than 

5 30 days after the date of enactment of this sub6 title. 

7 ‘‘(B) APPROVAL NOT REQUIRED.—None of 

8 the Directors appointed by the Secretary under 

9 subsection (b)(2) shall be subject to approval by 

10 the Board. 

11 ‘‘(d) FIDUCIARY DUTIES.—The fiduciary duties of all 

12 Directors shall be to the Corporation. 

13 ‘‘(e) QUALIFICATIONS.— 

14 ‘‘(1) IN GENERAL.—Only a citizen of the 

15 United States may be appointed or nominated as a 

16 Director. 

17 ‘‘(2) PROHIBITIONS.—An individual may not 

18 serve as a Director if the individual is— 

19 ‘‘(A) an officer, agent, or employee of the 

20 Corporation (other than the CEO); 

21 ‘‘(B) a Member of Congress or an elected 

22 official serving in a State, local, or tribal gov23 ernment; 


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1 ‘‘(C) an officer or employee of the Federal 

2 Government or any State, local, or tribal gov3 ernment; 

4 ‘‘(D) a director, officer, trustee, agent, or 

5 employee of— 

6 ‘‘(i) a bargaining agent that rep7 resents employees of the Corporation; or 

8 ‘‘(ii) an entity that has a material in9 terest as a supplier, client, or user of the 

10 Corporation’s services unless the Board 

11 unanimously determines, with the concur12 rence in writing of a majority of the Nomi13 nating Members, that such material inter14 est would not be likely to adversely affect 

15 in a material way the individual’s ability to 

16 discharge the individual’s obligations as a 

17 Director; or 

18 ‘‘(E) a director, officer, agent, or employee 

19 of one of the principal organizations determined 

20 under section 90305(b). 

21 ‘‘(f) CHAIRPERSON.—The Chairperson of the Board 

22 shall— 

23 ‘‘(1) be selected from among the Directors 

24 (other than the CEO) by a majority vote of the Di25 rectors; and 


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1 ‘‘(2) subject to subsection (g), serve until re2 placed by a majority vote of the Directors. 

3 ‘‘(g) TERMS.— 

4 ‘‘(1) INITIAL TERMS.—The term of each Direc5 tor appointed, or nominated and approved, before 

6 the date of transfer (other than the CEO) shall ex7 pire on the last day before the date of transfer. 

8 ‘‘(2) SUBSEQUENT TERMS.—The term of each 

9 Director appointed, or nominated and approved, on 

10 or after the date of transfer (other than the CEO) 

11 shall be 3 years, except as provided by paragraph 

12 (3). 

13 ‘‘(3) STAGGERING.—The Board shall stagger 

14 the duration of the terms of the initial Directors ap15 pointed, or nominated and approved, on or after the 

16 date of transfer to promote the stability of the 

17 Board. 

18 ‘‘(h) VACANCIES.— 

19 ‘‘(1) MANNER OF NOMINATIONS AND APPOINT20 MENTS.—A vacancy on the Board shall be filled in 

21 the manner in which the original appointment or 

22 nomination and approval was made. 

23 ‘‘(2) SERVICE UNTIL SUCCESSOR TAKES OF24 FICE.—A Director may serve after the expiration of 


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1 the Director’s term until a successor has taken of2 fice. 

3 ‘‘(i) QUORUM.— 

4 ‘‘(1) IN GENERAL.—A quorum of the Board, 

5 consisting of a majority of the Directors, shall be re6 quired to conduct any business of the Board. 

7 ‘‘(2) APPROVAL OF BOARD ACTIONS.—Except 

8 as otherwise provided, the threshold for approving 

9 Board actions shall be as set forth in the bylaws. 

10 ‘‘(j) REMOVAL OF DIRECTORS.—A Director may be 

11 removed in accordance with the bylaws of the Corporation. 

12 ‘‘(k) MEETINGS.— 

13 ‘‘(1) IN GENERAL.—The Board shall meet at 

14 the call of the Chairperson (or as otherwise provided 

15 in the bylaws) and, at a minimum, on a quarterly 

16 basis. 

17 ‘‘(2) RESPONSIBILITIES.—The Board shall be 

18 responsible for actions of the Corporation, including 

19 the following matters: 

20 ‘‘(A) Adoption of an annual budget. 

21 ‘‘(B) Approval of a strategic plan and up22 dates thereto. 

23 ‘‘(C) Authorization for issuance of indebt24 edness. 


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1 ‘‘(D) Assessment, modification, and collec2 tion of charges and fees to air traffic services 

3 users. 

4 ‘‘(E) Hiring of the Interim CEO and CEO. 

5 ‘‘(F) Adoption and amendment of the by6 laws of the Corporation. 

7 ‘‘(l) ANNUAL FINANCIAL REPORT.—Not later than 1 

8 year after the date of transfer, and annually thereafter, 

9 the Corporation shall publish a report on the activities of 

10 the Corporation during the prior year. The annual report 

11 shall also contain financial and operational performance 

12 information regarding the Corporation and shall be made 

13 publicly available. The Corporation shall ensure that any 

14 propriety information that may be contained in the annual 

15 report is not made public. 

16 ‘‘§ 90307. Committees of Board; independent auditors 

17 ‘‘(a) COMMITTEES OF BOARD.—The Board shall es18 tablish and maintain a Safety Committee and such other 

19 committees as the Board determines are necessary or ap20 propriate to carry out the responsibilities of the Board ef21 fectively. Such committees shall be composed solely of Di22 rectors. 

23 ‘‘(b) INDEPENDENT AUDITORS.—The Board shall re24 tain independent auditors to conduct annual audits of the 

25 Corporation’s financial statements and internal controls. 


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1 ‘‘§ 90308. Advisory Board 

2 ‘‘(a) ESTABLISHMENT.—There shall be an Advisory 

3 Board of the Corporation. 

4 ‘‘(b) DUTIES.—The Advisory Board— 

5 ‘‘(1) shall conduct such activities as the Board 

6 determines appropriate; and 

7 ‘‘(2) may, on its own initiative, study, report, 

8 and make recommendations to the Board on matters 

9 relating to the Corporation’s provision of air traffic 

10 services and associated safety considerations. 

11 ‘‘(c) MEMBERSHIP.— 

12 ‘‘(1) NUMBER.—The Advisory Board shall con13 sist of not more than 15 individuals representing in14 terested entities. 

15 ‘‘(2) REPRESENTATIVES.—The members of the 

16 Advisory Board shall include, at a minimum, rep17 resentatives of the following: 

18 ‘‘(A) Commercial service airports. 

19 ‘‘(B) Owners, operators, and users of gen20 eral aviation aircraft used exclusively in further21 ance of business enterprises. 

22 ‘‘(C) Aerospace manufacturers. 

23 ‘‘(D) Operators of commercial unmanned 

24 aircraft systems. 

25 ‘‘(E) Appropriate labor organizations. 

26 ‘‘(F) The Department of Defense. 


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1 ‘‘(G) Small communities. 

2 ‘‘(d) STRUCTURE; TERMS.—The membership and 

3 structure of the Advisory Board, including the duration 

4 that individuals may serve on the Advisory Board, shall 

5 be determined by the Board in accordance with the bylaws 

6 of the Corporation. 

7 ‘‘§ 90309. Officers and their responsibilities 

8 ‘‘(a) CHIEF EXECUTIVE OFFICER.— 

9 ‘‘(1) HIRING.— 

10 ‘‘(A) IN GENERAL.—The Corporation shall 

11 have a Chief Executive Officer, who shall be 

12 hired by the Board to manage the Corporation. 

13 ‘‘(B) QUALIFICATIONS.—The CEO shall be 

14 an individual who is a citizen of the United 

15 States and who, by reason of professional back16 ground and experience, is especially qualified to 

17 manage the Corporation. 

18 ‘‘(2) DUTIES.—The CEO shall— 

19 ‘‘(A) be responsible for the management 

20 and direction of the Corporation, including its 

21 officers and employees, and for the exercise of 

22 all powers and responsibilities of the Corpora23 tion; 

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1 fices, with full authority to organize the Cor2 poration as required; and 

3 ‘‘(C) designate an officer of the Corpora4 tion who is vested with the authority to act in 

5 the capacity of the CEO if the CEO is absent 

6 or incapacitated. 

7 ‘‘(3) SCOPE OF AUTHORITY.— 

8 ‘‘(A) IN GENERAL.—The CEO shall be 

9 subject to the policy guidance of the Board, re10 port to the Board, and serve at the pleasure of 

11 the Board. 

12 ‘‘(B) AUTHORITY OF BOARD.—The Board 

13 may modify or revoke actions of the CEO pur14 suant to procedures set forth in the bylaws of 

15 the Corporation. 

16 ‘‘(4) OTHER OFFICERS AND EMPLOYEES.— 

17 ‘‘(A) IN GENERAL.—The CEO shall ap18 point such other officers and employees of the 

19 Corporation as the CEO determines appro20 priate. 

21 ‘‘(B) DELEGATION OF FUNCTIONS.—The 

22 CEO may delegate to the other officers and em23 ployees of the Corporation any of the functions 

24 of the Corporation. 

25 ‘‘(b) INTERIM CEO.— 


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1 ‘‘(1) HIRING.—Not later than 90 days after the 

2 date of the Secretary’s initial determination of the 

3 principal organizations under section 90305(b)(1), 

4 the Board shall hire an Interim Chief Executive Of5 ficer who meets the qualifications specified in sub6 section (a)(1)(B). 

7 ‘‘(2) AUTHORITY AND TERM.— 

8 ‘‘(A) AUTHORITY.—The Interim CEO 

9 shall— 

10 ‘‘(i) exercise the same authority as the 

11 CEO, including serving on the Board; 

12 ‘‘(ii) carry out the same duties as the 

13 CEO; and 

14 ‘‘(iii) be subject to the same prohibi15 tions and limitations as the CEO. 

16 ‘‘(B) TERM.—The Interim CEO shall serve 

17 until the Board hires a CEO. 

18 ‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 

19 this subsection may be construed to restrict the abil20 ity of the Board to hire the individual serving as the 

21 Interim CEO to be the CEO. 

22 ‘‘§ 90310. Authority of Corporation 

23 ‘‘(a) GENERAL AUTHORITY.—Except as otherwise 

24 provided in this subtitle, the Corporation— 


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1 ‘‘(1) shall have perpetual succession in its cor2 porate name unless dissolved by law; 

3 ‘‘(2) may adopt and use a corporate seal; 

4 ‘‘(3) may own, lease, use, improve, and dispose 

5 of such property as the Corporation considers nec6 essary to carry out the purposes of the Corporation; 

7 ‘‘(4) may contract with other parties; 

8 ‘‘(5) may sue or be sued; 

9 ‘‘(6) may be held liable under civil and criminal 

10 law; 

11 ‘‘(7) may indemnify the Directors, including the 

12 Interim CEO or CEO, and other officers, agents, 

13 and employees of the Corporation; and 

14 ‘‘(8) shall have such other corporate powers as 

15 are necessary or appropriate to carry out the pur16 poses of this subtitle and of the Corporation. 

17 ‘‘(b) PROHIBITION.—The Corporation may not issue 

18 or sell equity shares in the Corporation. 

19 ‘‘§ 90311. Charges and fees for air traffic services 

20 ‘‘(a) ASSESSMENT AND COLLECTION OF CHARGES

21 AND FEES.—Beginning on the date of transfer, and sub22 ject to section 90502, the Corporation may assess and col23 lect charges and fees from any air traffic services user for 

24 air traffic services provided by the Corporation in United 


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1 States airspace or international airspace delegated to the 

2 United States. 

3 ‘‘(b) PUBLICATION AND BOARD APPROVAL OF PRO4 POSALS.— 

5 ‘‘(1) PUBLICATION.—The Corporation shall 

6 publish any proposed charge or fee under subsection 

7 (a) and any changes thereto. 

8 ‘‘(2) BOARD APPROVAL.—The Board shall— 

9 ‘‘(A) approve any proposed charge or fee 

10 under subsection (a) and any changes thereto; 

11 and 

12 ‘‘(B) carry out the approval in a form and 

13 manner accessible to the public and aircraft op14 erators using United States airspace or inter15 national airspace delegated to the United 

16 States. 

17 ‘‘(c) CHARGING PRINCIPLES AND METHODOLOGY.— 

18 The Corporation shall comply with the following charging 

19 principles when proposing a charge or fee under sub20 section (a): 

21 ‘‘(1) Charges and fees shall be consistent with 

22 the International Civil Aviation Organization’s Poli23 cies on Charges for Air Navigation Services, Ninth 

24 Edition, 2012. 


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1 ‘‘(2) Charges and fees for certain categories of 

2 users may be charged on a flat-fee basis so long as 

3 the charge or fee is otherwise consistent with the 

4 charging principles described in paragraph (1). 

5 ‘‘(3) Charges and fees may not be imposed for 

6 operations of aircraft owned or operated by the 

7 Armed Forces or described in section 40125(c). 

8 ‘‘(4) Charges and fees may not be imposed for 

9 air traffic services provided with respect to— 

10 ‘‘(A) aircraft operations of piston engine 

11 aircraft; or 

12 ‘‘(B) noncommercial aircraft operations of 

13 turbine engine aircraft. 

14 ‘‘(5) Charges and fees may not be imposed for 

15 operations of air taxis in remote locations. 

16 ‘‘(6) Charges and fees may not violate any 

17 international obligation of the United States. 

18 ‘‘(d) ACCESS TO AIRSPACE.—Neither the amount of 

19 charges and fees paid nor the applicability of subsection 

20 (c)(4) shall be determinant of access to airspace. 

21 ‘‘(e) PAYMENT OF CHARGES AND FEES.— 

22 ‘‘(1) IN GENERAL.—An operator using air traf23 fic services in United States airspace or inter24 national airspace delegated to the United States 

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1 tion under subsection (a) for services rendered and 

2 any interest and penalties assessed under paragraph 

3 (2). 

4 ‘‘(2) LATE PAYMENT OR NONPAYMENT.—The 

5 Corporation may assess and collect interest and pen6 alties for late payment or nonpayment of a charge 

7 or fee assessed by the Corporation under subsection 

8 (a). 

9 ‘‘(3) PRIVATE RIGHT OF ACTION.—The Cor10 poration may file suit in any district court of the 

11 United States having jurisdiction over the parties, 

12 without respect to the amount in controversy and 

13 without regard to the citizenship of the parties, to 

14 enforce this subsection not later than 2 years after 

15 the date on which a claim accrues. A claim accrues, 

16 under this paragraph, upon the rendering of the rel17 evant air traffic services by the Corporation. 

18 ‘‘(f) PUBLICATION OF FEE SCHEDULE.—The Cor19 poration shall publish a schedule of charges and fees to 

20 be assessed under subsection (a) and interest and pen21 alties to be assessed under subsection (e)(2), including any 

22 changes thereto— 

23 ‘‘(1) at least 90 days before initiating the col24 lection of the charges, fees, interest, or penalties 

25 pursuant to the schedule or change thereto; and 


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1 ‘‘(2) in a form and manner accessible to air2 craft operators using United States airspace or 

3 international airspace delegated to the United 

4 States. 

5 ‘‘(g) INITIAL SCHEDULE.— 

6 ‘‘(1) PUBLICATION OF INITIAL SCHEDULE.— 

7 The Corporation shall publish the initial schedule 

8 under subsection (f)— 

9 ‘‘(A) at least 180 days before the date of 

10 transfer; and 

11 ‘‘(B) in a form and manner accessible to 

12 aircraft operators using United States airspace 

13 or international airspace delegated to the 

14 United States. 

15 ‘‘(2) DISPUTE RESOLUTION REQUIREMENTS

16 FOR INITIAL SCHEDULE.—The requirements of sec17 tion 90502 shall apply if a written complaint is filed 

18 with the Secretary for a determination of reason19 ableness with respect to the initial schedule. 

20 ‘‘(h) DEFINITIONS.—In this section, the following 

21 definitions apply: 

22 ‘‘(1) AIRCRAFT OPERATION.—The term ‘air23 craft operation’ means the movement of an aircraft 

24 beginning with the take-off of the aircraft and end25 ing with the landing of the aircraft. 


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1 ‘‘(2) GAS TURBINE ENGINE.—The term ‘gas 

2 turbine engine’ means a turboprop, turbofan, or tur3 bojet aircraft engine. 

4 ‘‘(3) NONCOMMERCIAL AIRCRAFT OPER5 ATION.—The term ‘noncommercial aircraft oper6 ation’ means an aircraft operation that does not in7 volve the transportation of passengers, cargo, or 

8 mail for remuneration or hire. 

9 ‘‘(4) OPERATIONS OF AIR TAXIS.—The term 

10 ‘operations of air taxis’ means the commuter or on11 demand operations of a person who holds or is re12 quired to hold an air carrier certificate or operating 

13 certificate under part 119 of title 14, Code of Fed14 eral Regulations, or helicopter air ambulance oper15 ations as defined in section 135.601(b)(1) of title 

16 14, Code of Federal Regulations. 

17 ‘‘(5) PISTON ENGINE AIRCRAFT.—The term 

18 ‘piston engine aircraft’ means an aircraft that has 1 

19 or more piston-powered engines connected to 1 or 

20 more propellers, which provide thrust to move the 

21 aircraft on the ground and through the air. 

22 ‘‘(6) REMOTE LOCATION.—The term ‘remote lo23 cation’ means a location in the United States where 

24 alternatives to transportation by air taxi are unavail25 able or infeasible, as determined by the Secretary. 


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1 ‘‘(7) TURBINE ENGINE AIRCRAFT.—The term 

2 ‘turbine engine aircraft’ means any aircraft that uti3 lizes a gas turbine engine as a means of propulsion. 

4 ‘‘§ 90312. Preemption of authority over air traffic 

5 services 

6 ‘‘(a) STATE DEFINED.—In this section, the term 

7 ‘State’ means a State, the District of Columbia, and a ter8 ritory or possession of the United States. 

9 ‘‘(b) PREEMPTION.—A State, political subdivision of 

10 a State, or political authority of at least 2 States may not 

11 enact or enforce a law, regulation, or other provision hav12 ing the force and effect of law related to air traffic serv13 ices. 

14 ‘‘(c) AIRPORT OWNER OR OPERATOR.—Subsection 

15 (b) may not be construed to limit a State, political subdivi16 sion of a State, or political authority of at least 2 States 

17 that owns or operates a landing area from carrying out 

18 its proprietary powers and rights over the landing area. 

19 ‘‘§ 90313. Actions by and against Corporation 

20 ‘‘(a) JURISDICTION FOR LEGAL ACTIONS GEN21 ERALLY.— 

22 ‘‘(1) JURISDICTION OF UNITED STATES DIS23 TRICT COURTS.—The United States district courts 

24 shall have original jurisdiction over all actions 


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1 brought by or against the Corporation, except as 

2 otherwise provided in this subtitle. 

3 ‘‘(2) REMOVAL OF ACTIONS IN STATE

4 COURTS.—Any action brought in a State court to 

5 which the Corporation is a party shall be removed 

6 to the appropriate United States district court under 

7 the provisions of chapter 89 of title 28. 

8 ‘‘(b) TESTIMONY OF CORPORATION EMPLOYEES.— 

9 ‘‘(1) IN GENERAL.—Except with the consent of 

10 the chief legal officer of the Corporation, employees 

11 of the Corporation may not provide expert opinion or 

12 expert testimony in civil litigation related to the Cor13 poration. 

14 ‘‘(2) EXCEPTIONS.—The Corporation may pre15 scribe the circumstances, if any, under which em16 ployees of the Corporation may provide expert opin17 ion or expert testimony in civil litigation related to 

18 the Corporation. 

19 ‘‘§ 90314. Air traffic services for Federal agencies 

20 ‘‘Before the date of transfer, the Secretary shall es21 tablish processes, requirements, procedures, and regula22 tions and take any other measure necessary, consistent 

23 with the purposes of this subtitle, to ensure that all United 

24 States Government activities supported by the FAA’s op25 eration of air traffic services as of the date of transfer 


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1 receive support from the Corporation after the date of 

2 transfer and on an ongoing basis. 

3 ‘‘§ 90315. Transfer of Federal personnel to Corpora4 tion 

5 ‘‘(a) TRANSFER OF FAA EMPLOYEES TO CORPORA6 TION.— 

7 ‘‘(1) PROCESS.—Not later than 180 days after 

8 the date of enactment of this subtitle, the Secretary, 

9 after meeting and conferring with the CEO and rep10 resentatives of the labor organizations recognized 

11 under section 7111 of title 5 as exclusive representa12 tives of FAA employees, shall commence a process to 

13 determine, consistent with the purposes of this sub14 title, which activities and employees, or categories of 

15 employees, of the FAA shall be transferred to the 

16 Corporation on or before the date of transfer. 

17 ‘‘(2) DETERMINATION; TRANSFER.—The Sec18 retary shall— 

19 ‘‘(A) not later than 180 days prior to the 

20 date of transfer, complete the determination of 

21 which activities, employees, or categories of em22 ployees shall be transferred to the Corporation 

23 under paragraph (1); 

24 ‘‘(B) upon completing the determination, 

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1 nized under section 7111 of title 5 as exclusive 

2 representatives of FAA employees, and all af3 fected employees of such determination; and 

4 ‘‘(C) on or before the date of transfer, 

5 transfer such activities, employees, or categories 

6 of employees. 

7 ‘‘(b) SUBSEQUENT TRANSFER OF EMPLOYEES.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) TRANSFERS FROM FAA TO CORPORA10 TION.—During the 180-day period beginning on 

11 the date of transfer, the Secretary, after meet12 ing and conferring with the CEO and represent13 atives of the certified labor organizations recog14 nized under section 90705 and labor organiza15 tions recognized under section 7111 of title 5 as 

16 exclusive representatives of FAA employees, 

17 may transfer an employee from the FAA to the 

18 Corporation if the Secretary, after meeting and 

19 conferring with the CEO and the representa20 tives, finds that the determination with respect 

21 to the employee under subsection (a) was incon22 sistent with the purposes of this subtitle. 

23 ‘‘(B) TRANSFERS FROM CORPORATION TO

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1 ing and conferring with the CEO and represent2 atives of the certified labor organizations recog3 nized under section 90705 and labor organiza4 tions recognized under section 7111 of title 5 as 

5 exclusive representatives of FAA employees, 

6 may transfer an employee from the Corporation 

7 to the FAA if the Secretary, after the consulta8 tion with the CEO and the representatives, 

9 finds that the determination with respect to the 

10 employee under subsection (a) was inconsistent 

11 with the purposes of this subtitle. 

12 ‘‘(2) REEMPLOYMENT OF FEDERAL EMPLOY13 EES.—An employee transferred from the Corpora14 tion to the FAA under this subsection shall be enti15 tled to the same rights and benefits, and reemploy16 ment, in the same manner as if covered by section 

17 3582 of title 5 notwithstanding section 8347(o), 

18 8713, or 8914 of such title. 

19 ‘‘(3) ELECTION OF BENEFITS FOR EMPLOYEES

20 SUBJECT TO DELAYED TRANSFER TO CORPORA21 TION.—In the case of an employee of the FAA 

22 transferred to the Corporation under this subsection, 

23 such employee shall be afforded the opportunity to 

24 make the election provided under section 90702(b) 

25 with respect to benefits. 


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1 ‘‘(c) CORPORATION EMPLOYEE BENEFITS.—At least 

2 180 days before the date of transfer, the Corporation shall 

3 establish a compensation and benefits program for— 

4 ‘‘(1) employees hired by the Corporation after 

5 the date of transfer; and 

6 ‘‘(2) employees that make the election under 

7 section 90702(b)(1)(A)(ii). 

8 ‘‘(d) PROTECTIONS FOR EMPLOYEES NOT TRANS9 FERRED TO CORPORATION.—For those employees of the 

10 FAA directly involved in the operation of air traffic serv11 ices who are not transferred to the Corporation pursuant 

12 to subsection (a) or who transferred back to the FAA pur13 suant to subsection (b), the Secretary shall provide to such 

14 employees compensation and benefits consistent with the 

15 applicable collective-bargaining agreement that are not 

16 less than the level of compensation and benefits provided 

17 to such FAA employees prior to the date of transfer unless 

18 mutually agreed to by the FAA and representatives of the 

19 certified labor organization. 

20 ‘‘(e) SUITABILITY, CLEARANCES, AND MEDICAL

21 QUALIFICATIONS.—All federally issued or federally re22 quired credentials, certificates, clearances, medical quali23 fications, access rights, substance testing results, and any 

24 other Federal permissions or approvals held by any em25 ployee of the FAA in the operation of air traffic services 


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1 that are valid and effective on the day prior to the date 

2 of transfer shall remain valid and effective after the date 

3 of transfer— 

4 ‘‘(1) unless revoked for cause; or 

5 ‘‘(2) until equivalent or substantially equivalent 

6 credentials, certificates, clearances, medical quali7 fications, access rights, substance testing results, 

8 and any other Federal permissions or approvals have 

9 been issued to the employee on or after the date of 

10 transfer. 

11 ‘‘(f) TRANSITION AGREEMENTS.— 

12 ‘‘(1) BIPARTITE AGREEMENT.— 

13 ‘‘(A) MEETINGS.—At least 180 days before 

14 the date of transfer, the Corporation shall meet 

15 with the labor organizations recognized under 

16 section 7111 of title 5 as exclusive representa17 tives of FAA employees to resolve employment18 related transition matters that affect employees 

19 represented by those labor organizations and 

20 that are not otherwise covered under this sec21 tion. 

22 ‘‘(B) DUTY TO BARGAIN IN GOOD FAITH.— 

23 The Corporation and the labor organizations 

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1 ject to the duty to bargain in good faith under 

2 chapter 907 in any meetings pursuant to this 

3 paragraph. 

4 ‘‘(C) DISPUTE RESOLUTION PROCE5 DURES.—If the parties fail to reach an agree6 ment over the initial or subsequent employ7 ment-related transition issues not otherwise 

8 covered under this section, the matters shall be 

9 subject to the dispute resolution procedures es10 tablished under subsections (a), (b), and (e) of 

11 section 90707. 

12 ‘‘(2) TRIPARTITE AGREEMENT.— 

13 ‘‘(A) MEETINGS.—At least 1 year before 

14 the date of transfer, the Corporation and the 

15 FAA shall meet with the labor organizations 

16 recognized under section 7111 of title 5 as ex17 clusive representatives of FAA employees to re18 solve transition matters related to the separa19 tion of air traffic services from the FAA pursu20 ant to this subtitle that affect employees rep21 resented by those labor organizations and that 

22 are not otherwise covered under this section. 

23 ‘‘(B) DUTY TO BARGAIN IN GOOD FAITH.— 

24 To the extent applicable, the Corporation and 

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1 graph (A) shall be subject to the duty to bar2 gain in good faith under chapter 907 in any 

3 meetings pursuant to this paragraph. 

4 ‘‘(C) DISPUTE RESOLUTION PROCE5 DURES.—If the Corporation and the certified 

6 labor organizations described in subparagraph 

7 (A) fail to reach an agreement over the initial 

8 or subsequent transition issues related to the 

9 separation of air traffic services from the FAA, 

10 not otherwise covered under this section, the 

11 matters shall be subject to the dispute resolu12 tion procedures established under subsections 

13 (a), (b), and (e) of section 90707. 

14 ‘‘§ 90316. Transfer of facilities to Corporation 

15 ‘‘(a) INVENTORY OF FAA PROPERTY AND FACILI16 TIES.—At least 1 year before the date of transfer, the Sec17 retary, in consultation with the CEO, shall identify the 

18 licenses, patents, software rights, and real and personal 

19 property, including air navigation facilities (as defined in 

20 section 40102(a)) of the United States under FAA juris21 diction, that are necessary and appropriate for the Cor22 poration to carry out the air traffic services transferred 

23 to the Corporation under this subtitle. 

24 ‘‘(b) TRANSFER OF FEDERAL PROPERTY.— 


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1 ‘‘(1) CONVEYANCE OF PROPERTY TO CORPORA2 TION.—On the date of transfer, the Secretary shall 

3 convey, without charge, all right, title, and interest 

4 of the United States in, and the use, possession, and 

5 control of, properties identified under subsection (a). 

6 ‘‘(2) SALE OF PROPERTY BY CORPORATION

7 AFTER DATE OF TRANSFER.—If the Corporation 

8 sells any of the property conveyed to the Corporation 

9 under paragraph (1), the Corporation shall use the 

10 proceeds received from the sale of such property for 

11 the acquisition or improvement of air navigation fa12 cilities or other capital assets. 

13 ‘‘(3) REVERSIONARY INTEREST.—Any convey14 ance of real property under this section located at an 

15 FAA technical facility shall be subject to the condi16 tion that all right, title, and interest in the real 

17 property shall revert to the United States and be 

18 placed under the administrative control of the Sec19 retary if— 

20 ‘‘(A) the Corporation determines the real 

21 property is no longer necessary to carry out the 

22 air traffic services transferred to the Corpora23 tion under this subtitle; and 


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1 ‘‘(B) the Secretary determines the rever2 sion is necessary to protect the interests of the 

3 United States. 

4 ‘‘(c) CONSOLIDATION AND REALIGNMENT OF TRANS5 FERRED SERVICES AND FACILITIES.— 

6 ‘‘(1) IN GENERAL.—At least 180 days before 

7 the date of transfer, and subject to section 90707, 

8 the Corporation, in consultation with representatives 

9 of labor organizations representing operations and 

10 maintenance employees of the air traffic control sys11 tem, shall establish a process for the realignment 

12 and consolidation of services and facilities to be 

13 transferred to the Corporation from the FAA. 

14 ‘‘(2) MORATORIUM.—Except as otherwise pro15 vided, there shall be a moratorium on any effort by 

16 the Administrator or the Corporation to consolidate 

17 or realign air traffic services or facilities until the 

18 process required by paragraph (1) is established. 

19 ‘‘§ 90317. Approval of transferred air navigation fa20 cilities and other equipment 

21 ‘‘On the date of transfer, the Corporation is author22 ized to operate all air navigation facilities and other equip23 ment conveyed pursuant to section 90316 without addi24 tional approval or certification by the Secretary. 


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1 ‘‘§ 90318. Use of spectrum systems and data 

2 ‘‘Beginning on the date of transfer, the Secretary 

3 shall provide the Corporation with such access to the spec4 trum systems used by the FAA before the date of transfer 

5 to provide air traffic services, and any successor spectrum 

6 systems, and to the data from such systems, as is nec7 essary to enable the Corporation to provide air traffic serv8 ices under this subtitle. 

9 ‘‘CHAPTER 905—OVERSIGHT OF 

10 CORPORATION 

‘‘Sec. 

‘‘90501. Safety oversight and regulation of Corporation. 

‘‘90502. Resolution of disputes concerning air traffic services charges and fees. 

‘‘90503. Air navigation facilities established after date of transfer. 

‘‘90504. International agreements and activities. 

‘‘90505. Availability of safety information. 

‘‘90506. Reporting of safety violations to FAA. 

‘‘90507. Insurance requirements. 

11 ‘‘§ 90501. Safety oversight and regulation of Corpora12 tion 

13 ‘‘(a) PERFORMANCE-BASED REGULATIONS AND MIN14 IMUM SAFETY STANDARDS.—Before the date of transfer, 

15 the Secretary shall— 

16 ‘‘(1) prescribe performance-based regulations 

17 and minimum safety standards for the operation of 

18 air traffic services by the Corporation; and 

19 ‘‘(2) adopt, after consultation with the Corpora20 tion and the FAA’s certified bargaining representa21 tives, policies and other administrative materials of 


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1 the FAA in effect before the date of transfer for 

2 providing air traffic services. 

3 ‘‘(b) SAFETY MANAGEMENT SYSTEM.— 

4 ‘‘(1) IN GENERAL.—The regulations and stand5 ards shall include a safety management system for 

6 air traffic services provided by the Corporation. 

7 ‘‘(2) FOUNDATION.—The safety management 

8 system shall be based on the safety management 

9 system used by the Air Traffic Organization of the 

10 FAA before the date of transfer. 

11 ‘‘(3) USE BY CORPORATION.—Beginning on the 

12 date of transfer, the Corporation shall use the safety 

13 management system, including any changes thereto, 

14 when assessing and managing risks in all proce15 dures, processes, and practices necessary to provide 

16 air traffic services. 

17 ‘‘(c) PROPOSALS TO MODIFY AIR TRAFFIC MANAGE18 MENT PROCEDURES, ASSIGNMENTS, AND CLASSIFICA19 TIONS OF AIRSPACE.— 

20 ‘‘(1) SUBMISSION OF PROPOSALS TO SEC21 RETARY.—The Corporation or another interested 

22 party may submit to the Secretary a proposal to 

23 modify— 

24 ‘‘(A) air traffic management procedures, 

25 assignments, classifications of airspace, or other 


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1 actions affecting airspace access that are devel2 oped pursuant to the safety management sys3 tem; and 

4 ‘‘(B) FAA policies and other administra5 tive materials adopted under subsection (a)(2). 

6 ‘‘(2) REVIEW AND APPROVAL OF PROPOSALS.— 

7 The regulations and standards prescribed under sub8 section (a)(1) shall include a process for expedited 

9 review and approval of a proposal received under 

10 paragraph (1). 

11 ‘‘(3) STANDARD FOR APPROVAL.—The Sec12 retary shall approve a proposal received under para13 graph (1) if the Secretary determines that the pro14 posal complies with the regulations and standards 

15 prescribed under subsection (a)(1) and is otherwise 

16 consistent with the public interest. 

17 ‘‘(4) APPROVALS, DISAPPROVALS, AND MODI18 FICATIONS.— 

19 ‘‘(A) IN GENERAL.—During the 45-day pe20 riod beginning on the date of receipt of a pro21 posal under paragraph (1), the Secretary shall 

22 approve, disapprove, or modify the proposal. 

23 ‘‘(B) WRITTEN EXPLANATION.—If the 

24 Secretary disapproves or modifies the proposal, 


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1 the Secretary shall provide a written expla2 nation of the Secretary’s decision, including— 

3 ‘‘(i) any instances of inconsistency 

4 with the regulations and standards pre5 scribed under subsection (a)(1); and 

6 ‘‘(ii) any other information that 

7 formed the basis for the Secretary’s deci8 sion. 

9 ‘‘(5) FAILURE TO ACT.—If the Secretary fails 

10 to act on a proposal received under paragraph (1) 

11 during the 45-day period described in paragraph 

12 (4)(A), the Corporation or other party making the 

13 proposal shall be entitled to a writ of mandamus in 

14 a Federal district court with venue. 

15 ‘‘(d) JUDICIAL REVIEW.— 

16 ‘‘(1) IN GENERAL.—Any decision made by the 

17 Secretary to approve, disapprove, or modify a pro18 posal received under subsection (c)(1) shall be sub19 ject to judicial review pursuant to subsections (a), 

20 (b), (d), and (e) of section 46110. 

21 ‘‘(2) STANDARD OF REVIEW.— 

22 ‘‘(A) DISAPPROVALS; MODIFICATIONS.—In 

23 the case of a petition filed under section 

24 46110(a) to review a decision of the Secretary 

25 that disapproves or modifies a proposal received 


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1 from the Corporation under subsection (c)(1), 

2 the court shall, without deference to the Sec3 retary’s determination, review de novo the 

4 record to determine if the Secretary’s deter5 mination is consistent with the regulations and 

6 standards prescribed under subsection (a)(1). 

7 ‘‘(B) APPROVALS.—In the case of a peti8 tion filed under section 46110(a) to review a 

9 decision of the Secretary that approves a pro10 posal received from the Corporation under sub11 section (c)(1), the court may overturn the ap12 proval only upon a finding of clear error or an 

13 abuse of discretion. 

14 ‘‘(e) COMPILATION.— 

15 ‘‘(1) ESTABLISHMENT.—The Corporation shall 

16 establish and maintain a compilation of the policies 

17 and other materials referred to in subsection (a)(2). 

18 ‘‘(2) UPDATES.—The Corporation shall update 

19 the compilation each time a proposal described in 

20 subsection (c)(1)(B) is approved. 

21 ‘‘(3) PUBLICATION.—The Corporation shall 

22 make the compilation available to the public. 

23 ‘‘(f) SPECIAL RULES FOR PROPOSALS AFFECTING

24 CERTAIN AIRSPACE.—The regulations and standards pre25 scribed under subsection (a)(1) shall include procedures 


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1 (including advance submission of necessary supporting 

2 data, analysis, and documentation) for the Secretary to 

3 evaluate, at least 180 days before its submission under 

4 subsection (c)(1), a proposal for an airspace change that 

5 would affect airspace that is— 

6 ‘‘(1) within an area designated as a ‘Metroplex’ 

7 by the FAA as of June 8, 2015; 

8 ‘‘(2) within an area subject to a major, large9 scale airspace redesign project; or 

10 ‘‘(3) adjacent to or containing special use air11 space. 

12 ‘‘(g) SPECIAL RULES FOR PROPOSALS RELATING TO

13 OPERATION OF CONTRACT TOWERS.— 

14 ‘‘(1) IN GENERAL.—The regulations and stand15 ards prescribed under subsection (a)(1) shall include 

16 procedures for the Secretary to evaluate, under sub17 section (c), a proposal for an airspace change that 

18 results from the proposed closure of a tower that is 

19 operating under a contract with the Corporation and 

20 that, prior to the date of transfer, was operated 

21 under a contract with the Secretary pursuant to sec22 tion 47124. 

23 ‘‘(2) PROCEDURES.—The procedures required 

24 pursuant to paragraph (1) shall include— 


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1 ‘‘(A) the advance submission of necessary 

2 supporting data, analysis, and documentation 

3 related to— 

4 ‘‘(i) the safety risk management as5 sessment of the proposed contract tower 

6 closure; 

7 ‘‘(ii) an assessment of the impact of 

8 the proposed closure on the operation of 

9 the national airspace system; 

10 ‘‘(iii) an assessment of the impact of 

11 the proposed closure on air service to af12 fected communities; and 

13 ‘‘(iv) any other safety or operational 

14 information the Secretary determines to be 

15 necessary to understand the safety impact 

16 of the proposed closure; and 

17 ‘‘(B) a process to receive input from the 

18 public, impacted air traffic services users, local 

19 communities, and the airport operator of the 

20 airport where the contract tower proposed to be 

21 closed is located. 

22 ‘‘(h) EXEMPTED AIRSPACE ACTIONS.—The require23 ments of this section shall not apply to— 

24 ‘‘(1) temporary airspace actions directed by the 

25 Administrator or Secretary; 


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1 ‘‘(2) airspace actions necessitated by an exer2 cise of authority under section 40106; or 

3 ‘‘(3) certain emergency circumstances, as de4 fined by the Secretary in regulation. 

5 ‘‘(i) DELEGATION.—Notwithstanding section 

6 90303(b), and except for the process and procedures re7 quired by subsection (g), the Secretary may delegate safe8 ty oversight functions to the Administrator. 

9 ‘‘§ 90502. Resolution of disputes concerning air traffic 

10 services charges and fees 

11 ‘‘(a) AUTHORITY TO REQUEST SECRETARY’S DETER12 MINATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall issue a 

14 determination as to whether a charge or fee assessed 

15 by the Corporation for the use of air traffic services 

16 in United States airspace or international airspace 

17 delegated to the United States is reasonable if a 

18 written complaint for such determination is filed 

19 with the Secretary by an affected air traffic services 

20 user not later than 60 days after the air traffic serv21 ices user receives written notice of the establishment 

22 or increase of such charge or fee. 

23 ‘‘(2) SECRETARY’S DETERMINATION.—In deter24 mining under paragraph (1) whether a charge or fee 

25 is reasonable, the Secretary may only determine 


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1 whether the charge or fee is reasonable pursuant to 

2 subsection (c). 

3 ‘‘(3) TREATMENT OF INTEREST AND PEN4 ALTIES.—In this section, the terms ‘charge’ and 

5 ‘fee’ include any interest and penalties relating 

6 thereto. 

7 ‘‘(b) PROCEDURAL REGULATIONS.—At least 270 

8 days before the date of transfer, the Secretary shall pub9 lish in the Federal Register final regulations, policy state10 ments, or guidelines establishing the procedures for acting 

11 upon written complaints filed under subsection (a)(1) and 

12 requests of the Corporation pursuant to subsection (e)(3). 

13 ‘‘(c) DETERMINATION OF REASONABLENESS.—In de14 termining under subsection (a)(1) whether a charge or fee 

15 is reasonable, the Secretary shall determine only if the 

16 charge or fee is— 

17 ‘‘(1) consistent with the charging principles de18 scribed in section 90311(c); and 

19 ‘‘(2) otherwise consistent with the public inter20 est. 

21 ‘‘(d) DECISIONS BY SECRETARY.—The final regula22 tions, policy statements, or guidelines required in sub23 section (b) shall provide for the following: 

24 ‘‘(1) Not later than 90 days after an air traffic 

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1 plaint relating to an air traffic service charge or fee, 

2 the Secretary shall issue a final order determining 

3 whether the charge or fee is reasonable. 

4 ‘‘(2) Not later than 30 days after such com5 plaint is filed with the Secretary, the Secretary shall 

6 dismiss the complaint if no significant dispute exists 

7 or shall assign the matter to an administrative law 

8 judge. Thereafter, the matter shall be handled in ac9 cordance with part 302 of title 14, Code of Federal 

10 Regulations, or as modified by the Secretary, to en11 sure an orderly disposition of the matter within the 

12 90-day period and any specifically applicable provi13 sions of this section. 

14 ‘‘(3) The administrative law judge shall issue a 

15 recommended decision within 45 days after the com16 plaint is assigned or within such shorter period as 

17 the Secretary may specify. 

18 ‘‘(4) If the Secretary, upon the expiration of 90 

19 days after the filing of the complaint, has not issued 

20 a final order, the decision of the administrative law 

21 judge shall be deemed to be the final order of the 

22 Secretary. 

23 ‘‘(5) Any party to the dispute may seek review 

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1 trict of Columbia Circuit or the court of appeals in 

2 the circuit with venue. 

3 ‘‘(6) Any findings of fact in a final order of the 

4 Secretary under this subsection, if supported by sub5 stantial evidence, shall be conclusive if challenged in 

6 a court pursuant to this subsection. No objection to 

7 such a final order shall be considered by the court 

8 unless objection was urged before an administrative 

9 law judge or the Secretary at a proceeding under 

10 this subsection or, if not so urged, unless there were 

11 reasonable grounds for failure to do so. 

12 ‘‘(e) PAYMENT UNDER PROTEST; GUARANTEE OF

13 AIR TRAFFIC SERVICES USER ACCESS.— 

14 ‘‘(1) PAYMENT UNDER PROTEST.— 

15 ‘‘(A) IN GENERAL.—Any charge or fee in16 crease or newly established charge or fee that 

17 is the subject of a complaint that is not dis18 missed by the Secretary shall be paid by the 

19 complainant air traffic services user to the Cor20 poration under protest. 

21 ‘‘(B) REFERRAL OR CREDIT.—Any 

22 amounts paid under this subsection by a com23 plainant air traffic services user to the Corpora24 tion under protest shall be subject to refund or 

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1 ance with directions in the final order of the 

2 Secretary within 30 days of such order. 

3 ‘‘(C) TIMELY REPAYMENT.—In order to 

4 ensure the timely repayment, with interest, of 

5 amounts in dispute determined not to be rea6 sonable by the Secretary, the Corporation shall 

7 obtain a letter of credit, or surety bond, or 

8 other suitable credit facility, equal to the 

9 amount in dispute that is due during the 90- 

10 day period established by this section, plus in11 terest, unless the Corporation and the air traf12 fic services user agree otherwise. 

13 ‘‘(D) DEADLINE.—The letter of credit, or 

14 surety bond, or other suitable credit facility 

15 shall be provided to the Secretary not later than 

16 20 days after the filing of the complaint and 

17 shall remain in effect for 30 days after the ear18 lier of 90 days or the issuance of a timely final 

19 order by the Secretary determining whether 

20 such charge or fee is reasonable. 

21 ‘‘(2) GUARANTEE OF AIR TRAFFIC SERVICES

22 USER ACCESS.—Contingent upon an air traffic serv23 ices user’s compliance with the requirements of 

24 paragraph (1) and pending the issuance of a final 

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1 ness of a charge or fee that is the subject of a com2 plaint filed under subsection (a)(1), the Corporation 

3 may not withhold air traffic services as a means of 

4 enforcing the charge or fee. 

5 ‘‘(3) NONCOMPLIANCE.—Prior to the issuance 

6 of a final order by the Secretary determining the 

7 reasonableness of a charge or fee that is the subject 

8 of a complaint filed under subsection (a)(1), if an 

9 air traffic services user does not comply with the re10 quirements of paragraph (1) of this subsection, the 

11 Corporation shall withhold air traffic services from 

12 the user if the Corporation requests and receives ap13 proval from the Secretary to withhold air traffic 

14 services. 

15 ‘‘§ 90503. Air navigation facilities established after 

16 date of transfer 

17 ‘‘(a) SAFETY MANAGEMENT SYSTEM FOR AIR NAVI18 GATION FACILITIES.—Notwithstanding section 44702 or 

19 44708, or any other provision of law, the Secretary shall 

20 establish procedures under which the Corporation or any 

21 other interested person may submit to the Secretary for 

22 approval a safety management system for use by the Cor23 poration or person in designing, manufacturing, testing, 

24 or operating an air navigation facility, as defined in sec25 tion 40102(a), established after the date of transfer. 


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1 ‘‘(b) ESTABLISHMENT OF PROCEDURES.—The proce2 dures established under subsection (a) shall— 

3 ‘‘(1) be established before the date of transfer; 

4 ‘‘(2) include a process for the Secretary to peri5 odically review, in an expedited manner, a safety 

6 management system approved under subsection (a) 

7 and its implementation; and 

8 ‘‘(3) allow for enforcement of the terms and 

9 conditions of the safety management system by the 

10 Secretary pursuant to section 46301(a)(1)(A). 

11 ‘‘(c) COMPLIANCE REQUIRED.—In carrying out ac12 tivities related to the design, manufacture, testing, or op13 eration of air navigation facilities, the Corporation or any 

14 other interested person shall act in accordance with the 

15 applicable safety management system approved pursuant 

16 to this section. 

17 ‘‘§ 90504. International agreements and activities 

18 ‘‘(a) CONSISTENCY WITH INTERNATIONAL OBLIGA19 TIONS AND LAWS OF OTHER COUNTRIES.—The Corpora20 tion shall provide air traffic services under this subtitle 

21 in a manner that is consistent with any obligation as22 sumed by the United States in a treaty, convention, or 

23 agreement that may be in force between the United States 

24 and a foreign country or foreign countries or between the 

25 United States and an international organization, and shall 


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1 take into consideration any applicable laws and require2 ments of foreign countries. 

3 ‘‘(b) PROHIBITION.—The Corporation may not nego4 tiate on behalf of or otherwise represent the United States 

5 before any foreign government or international organiza6 tion. 

7 ‘‘§ 90505. Availability of safety information 

8 ‘‘(a) SAFETY INFORMATION.—The Corporation shall 

9 make available to air traffic services users and the pub10 lic— 

11 ‘‘(1) the same type of safety information made 

12 available by the FAA before the date of transfer; 

13 ‘‘(2) any additional safety information needed 

14 by air traffic services users to operate safely; and 

15 ‘‘(3) any updates or revisions to the safety in16 formation referred to in paragraphs (1) and (2). 

17 ‘‘(b) METEOROLOGICAL SERVICES; AERONAUTICAL

18 CHARTS.—The Corporation may provide for the dissemi19 nation of available aviation-related meteorological infor20 mation and aeronautical charts to air traffic services 

21 users. 

22 ‘‘§ 90506. Reporting of safety violations to FAA 

23 ‘‘(a) IN GENERAL.—In a manner, form, and process 

24 prescribed by the Administrator, the Corporation shall re25 port to the Administrator complaints or instances of— 


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1 ‘‘(1) noncompliance with or deviations from air 

2 traffic control clearances or instructions; 

3 ‘‘(2) noncompliant operations in controlled air4 space or special use airspace; and 

5 ‘‘(3) any other observed activities endangering 

6 persons or property in the air or on the ground. 

7 ‘‘(b) ASSISTANCE IN ENFORCEMENT ACTIONS.—The 

8 Corporation shall provide necessary assistance in any en9 forcement action taken by the Administrator resulting 

10 from a report of the Corporation or another person or en11 tity. 

12 ‘‘(c) STATUTORY CONSTRUCTION.—This section may 

13 not be construed to limit the authority of the Adminis14 trator to undertake enforcement actions upon the Admin15 istrator’s initiative. 

16 ‘‘§ 90507. Insurance requirements 

17 ‘‘The Corporation shall maintain adequate liability 

18 insurance policies and coverages, as determined by the 

19 Secretary, including complete indemnification of employ20 ees of the Corporation for acts within the scope of employ21 ment. 

22 ‘‘CHAPTER 907—EMPLOYEE MANAGEMENT 

‘‘Sec. 

‘‘90701. Definitions. 

‘‘90702. Employee management and benefits election. 

‘‘90703. Labor and employment policy. 

‘‘90704. Bargaining units. 

‘‘90705. Recognition of labor organizations. 

‘‘90706. Collective-bargaining agreements. 


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‘‘90707. Collective-bargaining dispute resolution. 

‘‘90708. Potential and pending grievances, arbitrations, and settlements. 

‘‘90709. Legal action. 

1 ‘‘§ 90701. Definitions 

2 ‘‘In this chapter, the following definitions apply: 

3 ‘‘(1) AGENCY.—The term ‘Agency’ means, as 

4 the context requires, the Department of Transpor5 tation or the FAA. 

6 ‘‘(2) AIR TRAFFIC CONTROLLER.— 

7 ‘‘(A) IN GENERAL.—The term ‘air traffic 

8 controller’ means an employee of the Corpora9 tion who, in an air traffic control facility or 

10 flight service station facility— 

11 ‘‘(i) is actively engaged— 

12 ‘‘(I) in the separation and control 

13 of air traffic; or 

14 ‘‘(II) in providing preflight, 

15 inflight, or airport advisory service to 

16 aircraft operators; or 

17 ‘‘(ii) is the immediate supervisor of 

18 any employee described in clause (i). 

19 ‘‘(B) LIMITATION.—Notwithstanding sub20 paragraph (A), the definition of ‘air traffic con21 troller’ for purposes of section 8336(e) of chap22 ter 83 of title 5 and section 8412(e) of chapter 

23 84 of such title shall mean only employees ac24 tively engaged in the separation of air traffic 


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1 and the immediate supervisors of such employ2 ees, as set forth in section 8331(30) of such 

3 title, and section 8401(35) of such title. 

4 ‘‘(3) AUTHORITY.—The term ‘Authority’ means 

5 the Federal Labor Relations Authority, as described 

6 in section 7104(a) of title 5. 

7 ‘‘(4) SERVICE.—The term ‘Service’ means the 

8 Federal Mediation and Conciliation Service estab9 lished by section 202 of the Labor Management Re10 lations Act, 1947 (29 U.S.C. 172). 

11 ‘‘§ 90702. Employee management and benefits elec12 tion 

13 ‘‘(a) AUTHORITY OF CEO.— 

14 ‘‘(1) IN GENERAL.—Except as otherwise pro15 vided by law, the CEO shall classify and fix the com16 pensation and benefits of employees in the Corpora17 tion. 

18 ‘‘(2) NEGOTIATIONS.—In developing, making 

19 changes to, and implementing wages, hours, and 

20 other terms and conditions of employment, including 

21 when establishing the compensation and benefits 

22 program under section 90315(c), the Corporation 

23 shall negotiate with exclusive representatives recog24 nized under section 90705. 


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1 ‘‘(3) BEFORE DATE OF TRANSFER.—For pur2 poses of paragraph (2), before the date of transfer, 

3 the term ‘exclusive representatives recognized under 

4 section 90705’ shall refer to labor organizations rec5 ognized under section 7111 of title 5 as exclusive 

6 representatives of FAA employees. 

7 ‘‘(b) FORMER FEDERAL EMPLOYEES.— 

8 ‘‘(1) FEDERAL RETIREMENT BENEFITS.— 

9 ‘‘(A) ELECTION OF RETIREMENT BENE10 FITS.—At least 90 days before the date of 

11 transfer, an employee transferring to the Cor12 poration who will be subject to either the Civil 

13 Service Retirement System under chapter 83 of 

14 title 5 (in this section referred to as ‘CSRS’) or 

15 the Federal Employees Retirement System 

16 under chapter 84 of title 5 (in this section re17 ferred to as ‘FERS’) on the day immediately 

18 preceding the date of transfer shall elect either 

19 to— 

20 ‘‘(i) retain the employee’s coverage 

21 under either CSRS or FERS, as applica22 ble, in lieu of coverage by the Corpora23 tion’s employee benefits system established 

24 under section 90315(c); or 


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1 ‘‘(ii) receive a deferred annuity, lump2 sum benefit, or any other benefit available 

3 to the employee under CSRS or FERS, in 

4 the same manner that would have been 

5 available to the employee if the employee 

6 had voluntarily separated from Federal 

7 employment on the day before the date of 

8 transfer. 

9 ‘‘(B) THRIFT SAVINGS PLAN ACCOUNTS.— 

10 An employee who makes the election under sub11 paragraph (A)(ii) shall have the option to trans12 fer the balance in the employee’s Thrift Savings 

13 Plan account to the plan under the Corpora14 tion’s retirement system, consistent with appli15 cable law and the terms of the Corporation’s 

16 plan. 

17 ‘‘(C) PERIODIC ELECTION.—The Corpora18 tion shall provide for periodic election seasons 

19 during which an employee who transferred to 

20 the Corporation on the date of transfer may be21 come eligible for retirement benefits under the 

22 Corporation’s employee benefits system estab23 lished under section 90315(c) by making an 

24 election under subparagraph (A)(ii). 


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1 ‘‘(D) CONTINUITY OF ANNUITANT BENE2 FITS.—Notwithstanding any other provision of 

3 law, any individual who is receiving an annuity 

4 under chapter 83 or chapter 84 of title 5 may 

5 continue to receive such annuity while employed 

6 by the Corporation. 

7 ‘‘(E) HIGH-3 DETERMINATION.—With re8 spect to any employee who retains CSRS or 

9 FERS coverage pursuant to subparagraph (A), 

10 such employee’s basic pay while with the Cor11 poration shall be included in any determination 

12 of such employee’s average pay under section 

13 8331(4) or 8401(3), as the case may be, of title 

14 5 when calculating the annuity (if any) of such 

15 employee. For purposes of this section, an em16 ployee’s basic pay shall be defined as such em17 ployee’s total annual salary or wages from the 

18 Corporation, including any location-based ad19 justment. 

20 ‘‘(2) PAYMENTS TO CIVIL SERVICE RETIRE21 MENT AND DISABILITY FUND.—For employees of the 

22 Corporation who elect to retain their coverage under 

23 either CSRS or FERS pursuant to paragraph (1), 

24 the Corporation shall only be required to pay to the 

25 Civil Service Retirement and Disability Fund— 


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1 ‘‘(A) such employee deductions and agency 

2 contributions as are required by sections 8334, 

3 8422, and 8423 of title 5; and 

4 ‘‘(B) such additional amounts, not to ex5 ceed 2 percent of the amounts under subpara6 graph (A), as are determined necessary by the 

7 Office of Personnel Management to pay the cost 

8 of administering retirement benefits for employ9 ees who retire from the Corporation after the 

10 date of transfer under either CSRS or FERS, 

11 for their survivors, and for survivors of employ12 ees of the Corporation who die after the date of 

13 transfer (which amounts shall be available to 

14 the Office of Personnel Management as pro15 vided in section 8348(a)(1)(B) of title 5). 

16 ‘‘(3) THRIFT SAVINGS FUND.—The Corporation 

17 shall pay to the Thrift Savings Fund such employee 

18 and agency contributions as are required by section 

19 8432 of title 5 for employees who elect to retain 

20 their coverage under FERS pursuant to paragraph 

21 (1). 

22 ‘‘(4) HEALTH BENEFITS PLAN ELECTION.—Any 

23 employee of the Corporation who was subject to the 

24 Federal Employees Health Benefits Program under 

25 chapter 89 of title 5 (in this section referred to as 


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1 ‘FEHBP’) on the day immediately preceding the 

2 date of transfer shall have the option to receive 

3 health benefits from a health benefit plan estab4 lished by the Corporation under section 90315(c) or 

5 to continue coverage under FEHBP without inter6 ruption. 

7 ‘‘(5) PAYMENTS TO EMPLOYEES HEALTH BENE8 FITS FUND.—For employees of the Corporation who 

9 elect to retain their coverage under FEHBP pursu10 ant to paragraph (4), the Corporation shall pay to 

11 the Employees Health Benefits Fund— 

12 ‘‘(A) such employee deductions and agency 

13 contributions as are required by subsections (a) 

14 through (f) of section 8906 of title 5; and 

15 ‘‘(B) such amounts as are determined nec16 essary by the Office of Personnel Management 

17 under paragraph (6) to reimburse the Office of 

18 Personnel Management for contributions under 

19 section 8906(g)(1) of title 5. 

20 ‘‘(6) REIMBURSEMENT AMOUNTS.—The 

21 amounts required to be paid by the Corporation 

22 under paragraph (5)(B) shall be equal to the 

23 amount of Government contributions for retired em24 ployees who retire from the Corporation after the 

25 date of transfer under either CSRS or FERS, for 


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1 survivors of such retired employees, and for sur2 vivors of employees of the Corporation who die after 

3 the date of transfer, with said amounts prorated to 

4 reflect only that portion of the total service of such 

5 employees and retired persons that was performed 

6 for the Corporation after the date of transfer. 

7 ‘‘(7) ADDITIONAL BENEFITS.—Subject to the 

8 provisions of this chapter, any employee of the Cor9 poration who was subject to the provisions of sub10 chapter I of chapter 85 (concerning unemployment 

11 compensation) and chapters 87 (concerning life in12 surance), 89A (concerning enhanced dental bene13 fits), and 89B (concerning enhanced vision benefits) 

14 of title 5 shall have the option to continue coverage 

15 under such provisions without interruption in lieu of 

16 applicable coverage by the Corporation’s employee 

17 benefits system established under section 90315(c). 

18 The Corporation shall withhold from pay, and shall 

19 make contributions, under the provisions of title 5 

20 referred to in this subsection at the same rates ap21 plicable to agencies of the Federal Government for 

22 such employees. 

23 ‘‘(8) WORKERS COMPENSATION.—Officers and 

24 employees of the Corporation shall be covered by, 

25 and shall be considered employees for purposes of, 


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1 subchapter I of chapter 81 of title 5 (concerning 

2 compensation for work injuries). The Corporation 

3 shall make contributions to the Employees’ Com4 pensation Fund under the provisions of section 8147 

5 of title 5 at the same rates applicable to agencies of 

6 the Federal Government. 

7 ‘‘(9) NON-FOREIGN AREA.—To the extent con8 sistent with law, the Non-Foreign Area Retirement 

9 Equity Assurance Act of 2009 shall apply to officers 

10 and employees of the Corporation transferred under 

11 section 90315. 

12 ‘‘(10) TRANSFER OF LEAVE.—Sick and annual 

13 leave, credit hours, and compensatory time of offi14 cers and employees of the Corporation, whether ac15 crued before or after the date of transfer, shall be 

16 obligations of the Corporation under the provisions 

17 of this chapter. 

18 ‘‘(11) WHISTLEBLOWER PROTECTION.—Neither 

19 the Corporation, nor any officer or employee of the 

20 Corporation, may take any action described in sub21 section (b)(8), (b)(9), or (b)(13), or the final para22 graph of subsection (b), of section 2302 of title 5 

23 (relating to whistleblower protection). 


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1 ‘‘§ 90703. Labor and employment policy 

2 ‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 

3 To the extent not inconsistent with this chapter, labor4 management relations shall be subject to the provisions 

5 of chapter 71 of title 5, provided that the obligation of 

6 the Corporation and an exclusive bargaining representa7 tive recognized under section 90705 to bargain collectively 

8 in good faith over conditions of employment shall mean 

9 to bargain over the same wages, hours, and other terms 

10 and conditions of employment as are negotiable under sec11 tion 8(d) of the Act of July 5, 1935, as amended (29 

12 U.S.C. 158(d)), and without application of section 

13 7103(a)(14) of title 5 and section 7117 of title 5, which 

14 shall not apply. 

15 ‘‘(b) APPLICABILITY.—To the limited extent nec16 essary for the implementation of this chapter, the Cor17 poration shall have the rights and obligations of an agency 

18 under chapter 71 of title 5. 

19 ‘‘(c) APPLICATION OF FAIR LABOR STANDARDS

20 ACT.—The provisions of the Fair Labor Standards Act 

21 of 1938 (29 U.S.C. 201 et seq.) shall apply to the Cor22 poration and to its officers and employees. 

23 ‘‘(d) REPORTING AND DISCLOSURE.—The provisions 

24 of the Labor-Management Reporting and Disclosure Act 

25 of 1959 (29 U.S.C. 401 et seq.) shall be applicable to labor 

26 organizations that have or are seeking to attain recogniVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 tion under section 90705, and to such organizations’ offi2 cers, agents, shop stewards, other representatives, and 

3 members. 

4 ‘‘(e) RIGHT TO COLLECTIVELY BARGAIN.—Each em5 ployee of the Corporation shall have the right, freely and 

6 without fear of penalty or reprisal, to form, join, and assist 

7 a labor organization or to refrain from any such activity, 

8 and each employee shall be protected in the exercise of 

9 this right. Such right shall include the right to engage in 

10 collective bargaining with respect to the same wages, 

11 hours, and other terms and conditions of employment as 

12 are negotiable under section 8(d) of the Act of July 5, 

13 1935, as amended (29 U.S.C. 158(d)). 

14 ‘‘§ 90704. Bargaining units 

15 ‘‘(a) IN GENERAL.—Pursuant to section 7112 of title 

16 5 and subject to the requirements of this chapter, the Au17 thority shall decide in each case the unit appropriate for 

18 collective bargaining with the Corporation. 

19 ‘‘(b) PREVIOUSLY CERTIFIED UNITS.—Notwith20 standing subsection (a), the Authority may not adopt, cer21 tify, or decide upon bargaining units that include employ22 ees in bargaining units previously certified by the Author23 ity that are smaller in geographic scope than such pre24 viously certified bargaining units, unless the Authority 

25 finds by compelling evidence that such previously certified 


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1 units would not, absent modification, remain units appro2 priate for collective bargaining with the Corporation. 

3 ‘‘(c) OTHER UNITS.—Notwithstanding subsection (a) 

4 or (b), the Authority shall not recognize or certify any bar5 gaining unit different than the bargaining units previously 

6 certified by the Authority prior to the date described in 

7 section 90705(g). 

8 ‘‘§ 90705. Recognition of labor organizations 

9 ‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 

10 To the extent not inconsistent with this chapter, section 

11 7111 of title 5 shall apply to the recognition and certifi12 cation of labor organizations for the employees of the Cor13 poration and the Corporation shall accord exclusive rec14 ognition to and bargain collectively with a labor organiza15 tion when the organization has been selected by a majority 

16 of the employees in an appropriate unit as their represent17 ative. 

18 ‘‘(b) RECOGNITION OF EXCLUSIVE REPRESENTA19 TIVE.—Notwithstanding subsection (a), each labor organi20 zation that, immediately before the date of transfer, was 

21 recognized as the exclusive representative for a bargaining 

22 unit of employees of the Agency shall be deemed to be 

23 recognized on the date of transfer or thereafter as the ex24 clusive representative for those employees of the Corpora25 tion in the same or similar bargaining unit unless another 


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1 representative for a bargaining unit of employees is cer2 tified pursuant to section 7111 of title 5 and this section. 

3 ‘‘(c) EXPIRATION OF TERM.—Every collective-bar4 gaining agreement or arbitration award that applies to an 

5 employee of the Agency and that is in force immediately 

6 before the date of transfer continues in force until its term 

7 expires. To the extent that the Corporation assumes the 

8 functions and responsibilities that, prior to the date of 

9 transfer, were conducted by the Agency, agreements and 

10 supplements (including any arbitration award, as applica11 ble) covering employees of the Agency that are in effect 

12 on the date of transfer shall continue to be recognized by 

13 and binding on the Corporation, the bargaining represent14 ative, and all covered employees until altered or amended 

15 pursuant to law. Any agreement, supplement, or arbitra16 tion award continued by this section is deemed to be an 

17 agreement, supplement, or arbitration award binding on 

18 the Corporation, the bargaining representative, and all 

19 covered employees for purposes of this chapter and title 

20 5. 

21 ‘‘(d) LIMITATION ON APPLICATION.—Notwith22 standing section 90703, sections 7106 and 7113 of title 

23 5 shall not apply to this chapter. 

24 ‘‘(e) CONTINUATION OF BARGAINING.—If an exclu25 sive representative and the Agency are engaged in barVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 gaining (whether concerning a collective-bargaining agree2 ment, issues related to the transfer of functions and re3 sponsibilities from the Agency to the Corporation, or oth4 erwise) prior to the date of transfer, such bargaining shall 

5 continue between the exclusive representative and the Cor6 poration, and the Corporation shall be bound by any com7 mitments made during bargaining by the Agency. 

8 ‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this 

9 section may be construed to prohibit the waiving of hear10 ings by stipulation for the purpose of a consent election 

11 in conformity with regulations and rules of decision of the 

12 Authority. 

13 ‘‘(g) LIMITATION.—Notwithstanding any other provi14 sion of this chapter or any provision of title 5, no bar15 gaining unit or part of a bargaining unit consisting of em16 ployees of the Corporation represented by a labor organi17 zation pursuant to subsection (b) may be reviewed, re18 scinded, amended, altered, or varied, other than— 

19 ‘‘(1) to include in the unit any employees who 

20 are not represented by a labor organization, or 

21 ‘‘(2) to merge bargaining units that are rep22 resented by the same labor organization, 

23 before the first day of the last 3 months of the first collec24 tive agreement entered into after the date of transfer that 

25 applies to those employees and that has resulted from colVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 lective bargaining between such labor organization and the 

2 Corporation. 

3 ‘‘(h) DEDUCTION.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding section 

5 90703, section 7115 of title 5 shall not apply to this 

6 chapter. 

7 ‘‘(2) DUES.—When a labor organization holds 

8 exclusive recognition, the Corporation shall deduct 

9 the regular and periodic dues, initiation fees, and as10 sessments (not including fines and penalties) of the 

11 organization from the pay of all members of the or12 ganization in the unit of recognition if the Corpora13 tion (or, before the date of transfer, the Agency) has 

14 received from each employee, on whose account such 

15 deductions are made, a written assignment which 

16 shall be irrevocable for a period of not more than 1 

17 year. 

18 ‘‘(3) CONTINUATION.—Any agreement de19 scribed in subsection (c) that provides for deduction 

20 by the Agency of the regular and periodic dues, initi21 ation fees, and assessments (not including fines and 

22 penalties) of the labor organization from the pay of 

23 its members shall continue in full force and effect 

24 and the obligation for such deductions shall be as25 sumed by the Corporation. No such deduction may 


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1 be made from the pay of any employee except on the 

2 employee’s written assignment, which shall be irrev3 ocable for a period of not more than 1 year. 

4 ‘‘§ 90706. Collective-bargaining agreements 

5 ‘‘(a) IN GENERAL.—Except as provided under section 

6 90705(c), collective-bargaining agreements between the 

7 Corporation and bargaining representatives shall be effec8 tive for not less than 2 years. 

9 ‘‘(b) PROCEDURES.—Collective-bargaining agree10 ments between the Corporation and bargaining represent11 atives recognized under section 90705 may include any 

12 procedures for resolution by the parties of grievances and 

13 adverse actions arising under the agreement, including 

14 procedures culminating in binding third-party arbitration, 

15 or the parties may adopt any such procedures by mutual 

16 agreement in the event of a dispute. 

17 ‘‘(c) LIMITATION ON APPLICATION.—Notwith18 standing section 90703, section 7121(c) of title 5 shall not 

19 apply to this chapter. 

20 ‘‘(d) DISPUTE RESOLUTION PROCEDURES.—The 

21 Corporation and bargaining representatives recognized 

22 under section 90705 may by mutual agreement adopt pro23 cedures for the resolution of disputes or impasses arising 

24 in the negotiation of a collective-bargaining agreement. 


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1 ‘‘§ 90707. Collective-bargaining dispute resolution 

2 ‘‘(a) RESOLUTION OF DISPUTES.— 

3 ‘‘(1) IN GENERAL.—If, prior to 90 days after 

4 the expiration of the term collective-bargaining 

5 agreement or 90 days after the parties begin mid6 term negotiations, the Corporation and the exclusive 

7 bargaining representative of the employees of the 

8 Corporation (in this section referred to collectively 

9 as the ‘parties’) do not reach an agreement under 

10 sections 7114(a)(1), 7114(a)(4), and 7114(b) of title 

11 5 (as such sections apply to the Corporation under 

12 this chapter), or 90706(d) of this chapter, the Cor13 poration and the bargaining representative shall use 

14 the mediation services of the Service to attempt to 

15 reach such agreement in accordance with part 1425 

16 of title 29, Code of Federal Regulations (as in effect 

17 on the date of enactment of this subtitle). 

18 ‘‘(2) MEDIATION PERIOD.—The mediation pe19 riod under paragraph (1) may not exceed 60 days 

20 unless extended by written agreement of the parties. 

21 ‘‘(b) BINDING ARBITRATION FOR TERM BAR22 GAINING.— 

23 ‘‘(1) THREE MEMBER PRIVATE ARBITRATION

24 BOARD.—If the mediation services of the Service 

25 under subsection (a)(1) do not lead to the resolution 

26 of issues in controversy arising from the negotiation 


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1 of a term collective-bargaining agreement, the par2 ties shall submit their issues in controversy to a pri3 vate arbitration board consisting of 3 members. 

4 ‘‘(2) APPOINTMENT OF ARBITRATION BOARD.— 

5 ‘‘(A) PREPARATION OF LIST OF ARBITRA6 TORS.—The Director of the Service shall pro7 vide for the appointment of the 3 members of 

8 an arbitration board by— 

9 ‘‘(i) preparing a list of not fewer than 

10 15 names of arbitrators of nationwide rep11 utation and professional stature with at 

12 least 20 years of experience in labor-man13 agement arbitration and considerable expe14 rience in interest arbitration in major in15 dustries; and 

16 ‘‘(ii) providing the list to the parties. 

17 ‘‘(B) SELECTION OF ARBITRATORS BY

18 PARTIES.—Not later than 10 days after receiv19 ing a list of names under subparagraph (A), the 

20 parties shall each select one arbitrator. The ar21 bitrators selected by the parties do not need to 

22 be arbitrators whose names appear on the list. 

23 ‘‘(C) SELECTION OF THIRD ARBI24 TRATOR.—Not later than 7 days after the date 

25 on which the 2 arbitrators are selected by the 


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1 parties under subparagraph (B), the 2 arbitra2 tors, acting jointly, shall select a third person 

3 from the list prepared under subparagraph (A). 

4 ‘‘(D) FAILURE TO ACT.—If either of the 

5 parties fails to select a person or if the 2 arbi6 trators are unable to agree on the third person 

7 in 7 days, the parties shall make the selection 

8 by alternately striking names on the list pre9 pared under subparagraph (A), beginning with 

10 the party chosen on a random basis, until one 

11 arbitrator remains. 

12 ‘‘(3) FRAMING ISSUES IN CONTROVERSY.—If 

13 the parties do not agree on the framing of the issues 

14 to be submitted for arbitration, the arbitration board 

15 shall frame the issues. 

16 ‘‘(4) HEARINGS.—The arbitration board shall 

17 give the parties a full and fair hearing, including an 

18 opportunity to present evidence and witnesses in 

19 support of their claims and an opportunity to 

20 present their case in person, by counsel, or by other 

21 representative as they may elect. 

22 ‘‘(5) DECISIONS.—The arbitration board shall 

23 render its written decision not later than 90 days 

24 after the date of its appointment. Decisions of the 


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1 arbitration board shall be conclusive and binding 

2 upon the parties. 

3 ‘‘(6) EVIDENCE.—The arbitration board shall 

4 consider and afford the proper weight to all of the 

5 evidence presented by the parties. 

6 ‘‘(7) COSTS.—The parties shall share costs of 

7 the arbitration equally. 

8 ‘‘(c) RATIFICATION OF AGREEMENTS.—Upon reach9 ing a voluntary agreement or at the conclusion of the bind10 ing arbitration under subsection (b), the final agreement, 

11 except for those matters decided by a private arbitration 

12 board, shall be— 

13 ‘‘(1) subject to ratification by the exclusive bar14 gaining representative of the employees, if so re15 quested by the bargaining representative; and 

16 ‘‘(2) subject to approval by the head of the Cor17 poration in accordance with section 7114(c) of title 

18 5. 

19 ‘‘(d) MID-TERM BARGAINING.— 

20 ‘‘(1) PREPARATION OF LIST OF ARBITRA21 TORS.—If the mediation services of the Service 

22 under subsection (a) do not lead to the resolution of 

23 issues in controversy arising from the negotiation of 

24 a mid-term collective-bargaining agreement, the Di25 rector shall provide the parties a list of not fewer 


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1 than 10 names of arbitrators of nationwide reputa2 tion and professional stature with at least 20 years 

3 of experience in labor-management arbitration and 

4 considerable experience in interest arbitration in 

5 major industries. 

6 ‘‘(2) SELECTION OF ARBITRATOR.—The parties 

7 shall alternately strike names on the list, beginning 

8 with the party chosen on a random basis, until one 

9 arbitrator remains. 

10 ‘‘(3) DECISION.—The arbitrator shall hold a 

11 hearing, and not later than 90 days after date of the 

12 appointment of the arbitrator, issue a written deci13 sion resolving the issues in controversy. The decision 

14 shall be conclusive and binding upon the parties. 

15 ‘‘(e) ENFORCEMENT.—To enforce this section, either 

16 party may bring suit in the United States District Court 

17 for the District of Columbia, which shall hear and resolve 

18 the enforcement action on an expedited basis. 

19 ‘‘(f) APPLICATION.—Notwithstanding section 

20 90703(a), section 7119 of title 5 shall not apply to this 

21 chapter. 

22 ‘‘§ 90708. Potential and pending grievances, arbitra23 tions, and settlements 

24 ‘‘(a) IN GENERAL.—The Corporation is deemed to be 

25 the employer referred to in any agreement or supplement 


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1 referred to in section 90705(c) for the purpose of any arbi2 tration proceeding or arbitration award. Any agreement 

3 concerning any employee that resolves a potential or filed 

4 grievance that is binding on the Agency shall, to the extent 

5 that the employee becomes an employee of the Corpora6 tion, become binding on the Corporation. 

7 ‘‘(b) EXISTING BINDING AGREEMENTS.—Any agree8 ment or supplement referred to in section 90705(c) is 

9 binding on— 

10 ‘‘(1) the Corporation as if it were the employer 

11 referred to in such agreement or supplement; 

12 ‘‘(2) the bargaining representative that is a 

13 party to the agreement or supplement; and 

14 ‘‘(3) the employees of the Corporation in the 

15 bargaining unit with respect to whom that bar16 gaining representative has been certified. 

17 ‘‘(c) JURISDICTION.—Subject to section 90703, the 

18 Authority shall retain jurisdiction over all matters arising 

19 before the date of transfer in relation to the interpretation 

20 and application of any agreement or supplement referred 

21 to in section 90705(c), whether or not such agreement or 

22 supplement has expired. 

23 ‘‘(d) EXISTING GRIEVANCES OR ARBITRATIONS.— 

24 Grievances or arbitrations that were filed or commenced 

25 before the date of transfer with respect to any agreement 


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1 or supplement referred to in section 90705(c) shall be con2 tinued as though the Corporation were the employer re3 ferred to in the agreement or supplement. 

4 ‘‘(e) PROCEEDINGS AFTER DATE OF TRANSFER.— 

5 Where events giving rise to a grievance under any agree6 ment or supplement referred to in section 90705(c) oc7 curred before the date of transfer but the proceedings had 

8 not commenced before that date, the proceedings may be 

9 commenced on or after the date of transfer in accordance 

10 with such agreement or supplement as though the Cor11 poration were the employer referred to in such agreement 

12 or supplement. 

13 ‘‘(f) ACTIONS DEEMED TO BE BY CORPORATION.— 

14 For the purposes of subsections (c), (d), and (e), anything 

15 done, or not done, by the Agency is deemed to have been 

16 done, or to have not been done, as the case may be, by 

17 the Corporation. 

18 ‘‘(g) EXCEPTIONS TO ARBITRAL AWARDS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding section 

20 90703, section 7122 of title 5 shall not apply to this 

21 chapter. 

22 ‘‘(2) ACTIONS TO VACATE.—Either party to 

23 grievance arbitration under this chapter may file an 

24 action pursuant to section 90709(a) to enforce the 

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1 tration award. An arbitration award may only be va2 cated on the grounds, and pursuant to the stand3 ards, that would be applicable to an action to vacate 

4 an arbitration award brought in the Federal courts 

5 under section 301 of the Labor Management Rela6 tions Act, 1947 (29 U.S.C. 185). 

7 ‘‘§ 90709. Legal action 

8 ‘‘(a) IN GENERAL.—Consistent with the require9 ments of section 90313, actions to enforce the arbitration 

10 process or vacate or enforce an arbitral award under sec11 tion 90708(g)(2) between the Corporation and a labor or12 ganization representing Corporation employees, or be13 tween any such labor organizations, may be brought in 

14 any district court of the United States having jurisdiction 

15 of the parties, without respect to the amount in con16 troversy. 

17 ‘‘(b) AUTHORIZED ACTS.—A labor organization rec18 ognized under section 90705 and the Corporation shall be 

19 bound by the authorized acts of their agents. Any labor 

20 organization may sue or be sued as an entity and on behalf 

21 of the employees whom it represents in the courts of the 

22 United States. Any money judgment against a labor orga23 nization in a district court of the United States shall be 

24 enforceable only against the organization as an entity and 


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1 against its assets, and shall not be enforceable against any 

2 individual member or his assets. 

3 ‘‘(c) JURISDICTION.—Under this subtitle, for the 

4 purposes of actions and proceedings by or against labor 

5 organizations in the district courts of the United States, 

6 district courts shall be deemed to have jurisdiction of a 

7 labor organization— 

8 ‘‘(1) in the district in which such organization 

9 maintains its principal offices; or 

10 ‘‘(2) in any district in which its duly authorized 

11 officers or agents are engaged in representing or 

12 acting for employee members. 

13 ‘‘(d) SUMMONS OR SUBPOENA.—The service of sum14 mons, subpoena, or other legal process of any court of the 

15 United States upon an officer or agent of a labor organiza16 tion, in his capacity as such, shall constitute service upon 

17 the labor organization. 

18 ‘‘CHAPTER 909—OTHER MATTERS 

‘‘Sec. 

‘‘90901. Termination of Government functions. 

‘‘90902. Savings provisions. 

‘‘90903. Inspector General reports to Congress on transition. 

19 ‘‘§ 90901. Termination of Government functions 

20 ‘‘Except as otherwise provided in this subtitle, when21 ever any function vested by law in the Secretary, Adminis22 trator, Department of Transportation, or FAA has been 


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1 transferred to the Corporation pursuant to this subtitle, 

2 it shall no longer be a function of the Government. 

3 ‘‘§ 90902. Savings provisions 

4 ‘‘(a) COMPLETED ADMINISTRATIVE ACTIONS.— 

5 ‘‘(1) IN GENERAL.—Completed administrative 

6 actions of the Department of Transportation or the 

7 FAA shall not be affected by the enactment of this 

8 subtitle, but shall continue in effect according to 

9 their terms until amended, modified, superseded, 

10 terminated, set aside, or revoked in accordance with 

11 law. 

12 ‘‘(2) COMPLETED ADMINISTRATIVE ACTION DE13 FINED.—In paragraph (1), the term ‘completed ad14 ministrative action’ includes orders, determinations, 

15 rules, regulations, personnel actions, permits, agree16 ments, grants, contracts, certificates, licenses, reg17 istrations, and privileges. 

18 ‘‘(b) CONTINUED EFFECTIVENESS OF PENDING AC19 TIONS.— 

20 ‘‘(1) PENDING ACTIONS AND PROCEEDINGS.— 

21 The provisions of this subtitle shall not affect any 

22 proceedings of the Department of Transportation or 

23 the FAA pending on the date of transfer, includ24 ing— 


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1 ‘‘(A) notices of proposed rulemaking re2 lated to activities of the FAA not transferred to 

3 the Corporation; 

4 ‘‘(B) an application for a license, a permit, 

5 a certificate, or financial assistance pending on 

6 the date of transfer before the Department of 

7 Transportation or the FAA, or any officer 

8 thereof, with respect to activities not trans9 ferred by this subtitle; or 

10 ‘‘(C) an application for a license, a permit, 

11 a certificate, or financial assistance pending on 

12 the date of transfer before the Department of 

13 Transportation or the FAA, or any officer 

14 thereof, with respect to activities transferred by 

15 this subtitle. 

16 ‘‘(2) EFFECT OF ORDERS.—Orders issued in 

17 any proceedings referred to in paragraph (1) shall 

18 continue in effect until modified, terminated, super19 seded, or revoked in accordance with law. Nothing in 

20 this subsection prohibits the discontinuance or modi21 fication of any such proceeding under the same 

22 terms and conditions and to the same extent that 

23 such proceeding could have been discontinued or 

24 modified if this subtitle had not been enacted. 


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1 ‘‘(c) CONTINUED EFFECTIVENESS OF ADMINISTRA2 TIVE AND JUDICIAL ACTIONS.—No causes of action or ac3 tions by or against the Department of Transportation or 

4 the FAA arising from acts or omissions occurring before 

5 the date of transfer shall abate by reason of the enactment 

6 of this subtitle. 

7 ‘‘(d) SUBSTITUTION OR ADDITION OF PARTIES TO

8 JUDICIAL ACTIONS.—Except as provided by subsection 

9 (e)(2), if, on the date of transfer, the Department of 

10 Transportation or the FAA, or any officer thereof in the 

11 officer’s capacity, is a party to an action and, under this 

12 subtitle, the performance of that activity of the Depart13 ment, FAA, or officer is transferred to the Corporation, 

14 such action shall be continued with the CEO substituted 

15 or added as a party. 

16 ‘‘(e) AIR TRAFFIC SERVICE LIABILITIES AND OBLI17 GATIONS.— 

18 ‘‘(1) ASSUMPTION OF OBLIGATIONS.—Except as 

19 provided in paragraph (2), the Corporation shall as20 sume— 

21 ‘‘(A) all obligations (tangible and incorpo22 real, present, and executory) associated with the 

23 air traffic services transferred under this sub24 title on the date of transfer, including leases, 


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1 permits, licenses, contracts, agreements, ac2 counts receivable, and accounts payable; and 

3 ‘‘(B) all claims and liabilities associated 

4 with the air traffic services transferred under 

5 this subtitle pending on the date of transfer. 

6 ‘‘(2) CLAIMS AND ACTIONS THAT REMAIN LI7 ABILITIES OF UNITED STATES.— 

8 ‘‘(A) CLAIMS AND ACTIONS ARISING IN

9 TORT.—All claims and actions arising in tort 

10 pending on the date of transfer and arising out 

11 of the alleged acts or omissions of employees of 

12 the FAA who transfer to the Corporation shall 

13 remain liabilities of the United States. 

14 ‘‘(B) CONTINGENT LIABILITIES.—All con15 tingent liabilities existing on the date of trans16 fer shall remain with the United States, includ17 ing (without limitation) environmental and in18 tellectual property infringement claims. 

19 ‘‘(C) OTHER CLAIMS AND LIABILITIES.— 

20 All other claims and liabilities arising out of the 

21 alleged acts or omissions of the United States 

22 before the date of transfer (including those aris23 ing under an agreement referred to in section 

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1 tary in nature shall remain liabilities of the 

2 United States. 

3 ‘‘(D) ACCESS OF FEDERAL REPRESENTA4 TIVES TO EMPLOYEES AND RECORDS.—The 

5 Secretary shall ensure that, before the date of 

6 transfer, the Corporation has agreed to allow 

7 representatives of the Secretary and the Attor8 ney General such access as they may require to 

9 employees and records of the Corporation for 

10 all purposes relating to the handling of such 

11 claims under this paragraph. 

12 ‘‘§ 90903. Inspector General reports to Congress on 

13 transition 

14 ‘‘(a) IN GENERAL.—Before the date of transfer, the 

15 Inspector General of the Department of Transportation 

16 shall submit regular reports to Congress on the progress 

17 of the preparation of the Department of Transportation 

18 and of the Corporation for the transfer of operational con19 trol of air traffic services under this subtitle. 

20 ‘‘(b) TIMING.—The reports described in subsection 

21 (a) shall be submitted, at a minimum, on a quarterly basis 

22 until the date of transfer. 

23 ‘‘(c) SUNSET.—This section shall expire on the date 

24 of transfer. 


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1 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 

2 section may be construed to limit the authority of the In3 spector General of the Department of Transportation to 

4 conduct oversight of the Department of Transportation’s 

5 interactions with the Corporation after the date of trans6 fer.’’. 

7 (b) ANALYSIS FOR TITLE 49.—The analysis for title 

8 49, United States Code, is amended by adding at the end 

9 the following: 

‘‘XI. ATC Corporation ......................................................................90101’’. 

10 Subtitle B—Amendments to 

11 Federal Aviation Laws 

12 SEC. 221. DEFINITIONS. 

13 Section 40102(a) of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(48) ‘ATC Corporation’ means the ATC Cor16 poration established by subtitle XI.’’. 

17 SEC. 222. SUNSET OF FAA AIR TRAFFIC ENTITIES AND OFFI18 CERS. 

19 (a) AIR TRAFFIC SERVICES COMMITTEE.—Section 

20 106(p) of title 49, United States Code, is amended— 

21 (1) in paragraph (7) by adding at the end the 

22 following: 

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1 tive beginning on the date of transfer (as de2 fined in section 90101(a)).’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(9) SUNSET OF AIR TRAFFIC ADVISORY

5 ROLE.—Beginning on the date of transfer (as de6 fined in section 90101(a)), the Council shall not de7 velop or submit comments, recommended modifica8 tions, or dissenting views directly regarding the ATC 

9 Corporation or air traffic services.’’. 

10 (b) AIRCRAFT NOISE OMBUDSMAN.—Section 

11 106(q)(2)(C) of title 49, United States Code, is amended 

12 by inserting ‘‘before the date of transfer (as defined in 

13 section 90101(a)),’’ before ‘‘be consulted’’. 

14 (c) CHIEF OPERATING OFFICER.—Section 106(r) of 

15 title 49, United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(6) SUNSET.—The position of Chief Operating 

18 Officer shall terminate and this subsection shall 

19 cease to be effective beginning on the date of trans20 fer (as defined in section 90101(a)).’’. 

21 (d) CHIEF NEXTGEN OFFICER.—Section 106(s) of 

22 title 49, United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(8) SUNSET.—The position of Chief NextGen 

25 Officer shall terminate and this subsection shall 


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1 cease to be effective beginning on the date of trans2 fer (as defined in section 90101(a)).’’. 

3 SEC. 223. ROLE OF ADMINISTRATOR. 

4 Section 40103(b) of title 49, United States Code, is 

5 amended— 

6 (1) in paragraph (1) by striking ‘‘The Adminis7 trator’’ and inserting ‘‘Before the date of transfer 

8 (as defined in section 90101(a)), the Adminis9 trator’’; 

10 (2) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) The Administrator shall— 

13 ‘‘(A) before the date of transfer (as defined in 

14 section 90101(a)), prescribe air traffic regulations 

15 on the flight of aircraft (including regulations on 

16 safe altitudes) for— 

17 ‘‘(i) navigating, protecting, and identifying 

18 aircraft; 

19 ‘‘(ii) protecting individuals and property on 

20 the ground; 

21 ‘‘(iii) using the navigable airspace effi22 ciently; and 

23 ‘‘(iv) preventing collision between aircraft, 

24 between aircraft and land or water vehicles, and 

25 between aircraft and airborne objects; and 


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1 ‘‘(B) on and after the date of transfer (as de2 fined in section 90101(a)), prescribe safety regula3 tions on the flight of aircraft (including regulations 

4 on safe altitudes) for— 

5 ‘‘(i) navigating, protecting, and identifying 

6 aircraft; 

7 ‘‘(ii) protecting individuals and property on 

8 the ground; and 

9 ‘‘(iii) preventing collision between aircraft, 

10 between aircraft and land or water vehicles, and 

11 between aircraft and airborne objects.’’; and 

12 (3) in paragraph (3) by striking ‘‘Adminis13 trator’’ each place it appears and inserting ‘‘Sec14 retary’’. 

15 SEC. 224. EMERGENCY POWERS. 

16 Section 40106(a) of title 49, United States Code, is 

17 amended— 

18 (1) in the matter preceding paragraph (1) by 

19 striking ‘‘air traffic’’; 

20 (2) in paragraph (1) by inserting ‘‘and the ATC 

21 Corporation’’ after ‘‘Administration’’; and 

22 (3) in paragraph (2) by inserting ‘‘and the ATC 

23 Corporation’’ after ‘‘Administrator’’. 


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1 SEC. 225. PRESIDENTIAL TRANSFERS IN TIME OF WAR. 

2 Section 40107(b) of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘(b) DURING WAR.—If war occurs, the President by 

5 Executive order may temporarily transfer to the Secretary 

6 of Defense a duty, power, activity, or facility of the Ad7 ministrator or the ATC Corporation. In making the trans8 fer, the President may temporarily transfer records, prop9 erty, officers, and employees of the Administration or the 

10 ATC Corporation to the Department of Defense.’’. 

11 SEC. 226. AIRWAY CAPITAL INVESTMENT PLAN BEFORE 

12 DATE OF TRANSFER. 

13 Section 44501(b) of title 49, United States Code, is 

14 amended— 

15 (1) in the first sentence by striking ‘‘The Ad16 ministrator’’ and inserting ‘‘Before the date of 

17 transfer (as defined in section 90101(a)), the Ad18 ministrator’’; 

19 (2) in paragraph (4)(B) by striking ‘‘and’’ at 

20 the end; 

21 (3) in paragraph (5) by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(6) for fiscal years 2016 through 2019, a 

25 process under which the Administrator shall con26 tinue to comply with the requirements of this section 


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1 before the date of transfer (as defined in section 

2 90101(a)).’’. 

3 SEC. 227. AVIATION FACILITIES BEFORE DATE OF TRANS4 FER. 

5 (a) GENERAL AUTHORITY.—Section 44502(a) of title 

6 49, United States Code, is amended— 

7 (1) in paragraph (1) by striking ‘‘The Adminis8 trator of the Federal Aviation Administration may’’ 

9 and inserting ‘‘Before the date of transfer (as de10 fined in section 90101(a)), the Secretary of Trans11 portation may’’; 

12 (2) in paragraph (2) by striking ‘‘The cost’’ 

13 and inserting ‘‘Before the date of transfer (as de14 fined in section 90101(a)), the cost’’; 

15 (3) in paragraph (3) by striking ‘‘The Sec16 retary’’ and inserting ‘‘Before the date of transfer 

17 (as defined in section 90101(a)), the Secretary’’; 

18 (4) by striking paragraph (4); 

19 (5) by redesignating paragraph (5) as para20 graph (4); and 

21 (6) in paragraph (4) (as so redesignated) by 

22 striking ‘‘The Administrator’’ and inserting ‘‘Before 

23 the date of transfer (as defined in section 90101(a)), 

24 the Secretary of Transportation’’. 


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1 (b) CERTIFICATION OF NECESSITY.—Section 

2 44502(b) of title 49, United States Code, is amended— 

3 (1) by striking ‘‘Except’’ and inserting ‘‘Before 

4 the date of transfer (as defined in section 90101(a)), 

5 except’’; and 

6 (2) by striking ‘‘the Administrator of the Fed7 eral Aviation Administration’’ and inserting ‘‘the 

8 Secretary of Transportation’’. 

9 (c) ENSURING CONFORMITY WITH PLANS AND POLI10 CIES.—Section 44502(c) of title 49, United States Code, 

11 is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘by the Administrator of 

14 the Federal Aviation Administration under sec15 tion 40103(b)(1) of this title’’; 

16 (B) by striking ‘‘Administrator of the Fed17 eral Aviation Administration’’ the second, third, 

18 and fourth places it appears and inserting ‘‘Sec19 retary of Transportation’’; and 

20 (C) by striking ‘‘Congress’’ and inserting 

21 ‘‘Congress, the ATC Corporation,’’; and 

22 (2) in paragraph (2)— 

23 (A) by striking ‘‘Administrator of the Fed24 eral Aviation Administration’’ and inserting 

25 ‘‘Secretary of Transportation’’; and 


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1 (B) by striking ‘‘that the Administrator’’ 

2 and inserting ‘‘that the Secretary’’. 

3 (d) TRANSFERS OF INSTRUMENT LANDING SYS4 TEMS.—Section 44502(e) of title 49, United States Code, 

5 is amended by striking ‘‘An airport may transfer’’ and in6 serting ‘‘Before the date of transfer (as defined in section 

7 90101(a)), an airport may transfer’’. 

8 SEC. 228. JUDICIAL REVIEW. 

9 Section 46110(a) of title 49, United States Code, is 

10 amended by striking ‘‘or subsection (l) or (s) of section 

11 114’’ and inserting ‘‘subsection (l) or (s) of section 114, 

12 or section 90501’’. 

13 SEC. 229. CIVIL PENALTIES. 

14 Section 46301(a)(1)(A) of title 49, United States 

15 Code, is amended by striking ‘‘or section 47133’’ and in16 serting ‘‘, section 47133, or section 90503(c)’’. 

17 Subtitle C—Other Matters 

18 SEC. 241. USE OF FEDERAL TECHNICAL FACILITIES. 

19 (a) IN GENERAL.—The Administrator of the Federal 

20 Aviation Administration shall make Administration tech21 nical facilities available to the ATC Corporation for air 

22 traffic control research and development projects. 

23 (b) COOPERATIVE AGREEMENT.— 

24 (1) IN GENERAL.—To ensure the safe transi25 tion of air traffic services, not later than 180 days 


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1 prior to the date of transfer (as defined in section 

2 90101(a) of title 49, United States Code, as added 

3 by this Act), the Administrator shall enter into an 

4 agreement with the ATC Corporation, for a period 

5 of not less than 5 years, concerning services that 

6 could be provided at the Federal Aviation Adminis7 tration technical center, including the integrated air 

8 traffic control laboratories. 

9 (2) SERVICES DEFINED.—In this subsection, 

10 the term ‘‘services’’ includes— 

11 (A) activities associated with the approval 

12 of a safety management system under chapter 

13 905 of title 49, United States Code, as added 

14 by this Act; and 

15 (B) any other activity the Secretary con16 siders necessary to promote safety in air traffic 

17 services, including verification of the safety 

18 functions of new air traffic control technologies. 

19 (c) STATUTORY CONSTRUCTION.—Nothing in this 

20 title, or the amendments made by this title, may be con21 strued to limit the safety regulatory authority of the De22 partment of Transportation, including the research and 

23 development functions of the Department. 

24 (d) SAFETY.—Before the date of transfer (as defined 

25 by section 90101(a) of title 49, United States Code, as 


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1 added by this Act) all operational testing and integration 

2 of air traffic control systems conducted by the Administra3 tion shall continue. 

4 SEC. 242. SEVERABILITY. 

5 If a provision of this title (including any amendment 

6 made by this title) or its application to any person or cir7 cumstance is held invalid, neither the remainder of this 

8 title nor the application of the provision to other persons 

9 or circumstances shall be affected. 

10 TITLE III—FAA SAFETY 

11 CERTIFICATION REFORM 

12 Subtitle A—General Provisions 

13 SEC. 301. DEFINITIONS. 

14 In this title, the following definitions apply: 

15 (1) FAA.—The term ‘‘FAA’’ means the Fed16 eral Aviation Administration. 

17 (2) SAFETY OVERSIGHT AND CERTIFICATION

18 ADVISORY COMMITTEE.—The term ‘‘Safety Over19 sight and Certification Advisory Committee’’ means 

20 the Safety Oversight and Certification Advisory 

21 Committee established under section 302. 

22 (3) SYSTEMS SAFETY APPROACH.—The term 

23 ‘‘systems safety approach’’ means the application of 

24 specialized technical and managerial skills to the 

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1 trol of hazards throughout the lifecycle of a project, 

2 program, or activity. 

3 SEC. 302. SAFETY OVERSIGHT AND CERTIFICATION ADVI4 SORY COMMITTEE. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall establish a Safety Oversight and Certification 

8 Advisory Committee (in this section referred to as the 

9 ‘‘Advisory Committee’’). 

10 (b) DUTIES.—The Advisory Committee shall provide 

11 advice to the Secretary on policy-level issues facing the 

12 aviation community that are related to FAA safety certifi13 cation and oversight programs and activities, including, at 

14 a minimum, the following: 

15 (1) Aircraft and flight standards certification 

16 processes, including efforts to streamline those proc17 esses. 

18 (2) Implementation and oversight of safety 

19 management systems. 

20 (3) Risk-based oversight efforts. 

21 (4) Utilization of delegation and designation au22 thorities. 

23 (5) Regulatory interpretation standardization 

24 efforts. 

25 (6) Training programs. 


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1 (7) Expediting the rulemaking process and giv2 ing priority to rules related to safety. 

3 (c) FUNCTIONS.—The Advisory Committee shall 

4 carry out the following functions (as the functions relate 

5 to FAA safety certification and oversight programs and 

6 activities): 

7 (1) Foster industry collaboration in an open 

8 and transparent manner. 

9 (2) Consult with, and ensure participation by— 

10 (A) the private sector, including represent11 atives of— 

12 (i) general aviation; 

13 (ii) commercial aviation; 

14 (iii) aviation labor; 

15 (iv) aviation, aerospace, and avionics 

16 manufacturing; 

17 (v) unmanned aircraft systems opera18 tors and manufacturers; and 

19 (vi) the commercial space transpor20 tation industry; 

21 (B) members of the public; and 

22 (C) other interested parties. 

23 (3) Establish consensus national goals, strategic 

24 objectives, and priorities for the most efficient, 

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1 sight processes in order to maintain the safety of the 

2 aviation system and, at the same time, allow the 

3 FAA to meet future needs and ensure that aviation 

4 stakeholders remain competitive in the global mar5 ketplace. 

6 (4) Provide policy guidance for the FAA’s cer7 tification and safety oversight efforts. 

8 (5) Provide ongoing policy reviews of the FAA’s 

9 certification and safety oversight efforts. 

10 (6) Make appropriate legislative, regulatory, 

11 and guidance recommendations for the air transpor12 tation system and the aviation safety regulatory en13 vironment. 

14 (7) Establish performance objectives for the 

15 FAA and industry. 

16 (8) Establish performance metrics and goals for 

17 the FAA and the regulated aviation industry to be 

18 tracked and reviewed as streamlining and certifi19 cation reform and regulation standardization efforts 

20 progress. 

21 (9) Provide a venue for tracking progress to22 ward national goals and sustaining joint commit23 ments. 


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1 (10) Develop recruiting, hiring, training, and 

2 continuing education objectives for FAA aviation 

3 safety engineers and aviation safety inspectors. 

4 (11) Provide advice and recommendations to 

5 the FAA on how to prioritize safety rulemaking 

6 projects. 

7 (12) Improve the development of FAA regula8 tions by providing information, advice, and rec9 ommendations related to aviation issues. 

10 (13) Facilitate the validation of United States 

11 products abroad. 

12 (d) MEMBERSHIP.— 

13 (1) IN GENERAL.—The Advisory Committee 

14 shall be composed of the following members: 

15 (A) The Administrator of the FAA (or the 

16 Administrator’s designee). 

17 (B) Individuals appointed by the Secretary 

18 to represent the following interests: 

19 (i) Aircraft manufacturers. 

20 (ii) Avionics manufacturers. 

21 (iii) Labor organizations, including 

22 collective bargaining representatives of 

23 FAA aviation safety inspectors and avia24 tion safety engineers. 

25 (iv) General aviation operators. 


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1 (v) Air carriers. 

2 (vi) Business aviation operators. 

3 (vii) Unmanned aircraft systems man4 ufacturers and operators. 

5 (viii) Aviation safety management ex6 pertise. 

7 (2) NONVOTING MEMBERS.— 

8 (A) IN GENERAL.—In addition to the 

9 members appointed under paragraph (1), the 

10 Advisory Committee shall be composed of non11 voting members appointed by the Secretary 

12 from among individuals representing FAA safe13 ty oversight program offices. 

14 (B) DUTIES.—The nonvoting members 

15 shall— 

16 (i) take part in deliberations of the 

17 Advisory Committee; and 

18 (ii) provide input with respect to any 

19 final reports or recommendations of the 

20 Advisory Committee. 

21 (C) LIMITATION.—The nonvoting members 

22 may not represent any stakeholder interest 

23 other than FAA safety oversight program of24 fices. 


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1 (3) TERMS.—Each member and nonvoting 

2 member of the Advisory Committee appointed by the 

3 Secretary shall be appointed for a term of 2 years. 

4 (4) COMMITTEE CHARACTERISTICS.—The Advi5 sory Committee shall have the following characteris6 tics: 

7 (A) An executive-level membership, with 

8 members who can represent and enter into com9 mitments for their organizations. 

10 (B) The ability to obtain necessary infor11 mation from experts in the aviation and aero12 space communities. 

13 (C) A membership size that enables the 

14 Committee to have substantive discussions and 

15 reach consensus on issues in a timely manner. 

16 (D) Appropriate expertise, including exper17 tise in certification and risked-based safety 

18 oversight processes, operations, policy, tech19 nology, labor relations, training, and finance. 

20 (5) LIMITATION ON STATUTORY CONSTRUC21 TION.—Public Law 104–65 (2 U.S.C. 1601 et seq.) 

22 may not be construed to prohibit or otherwise limit 

23 the appointment of any individual as a member of 

24 the Advisory Committee. 

25 (e) CHAIRPERSON.— 


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1 (1) IN GENERAL.—The Chairperson of the Ad2 visory Committee shall be appointed by the Sec3 retary from among those members of the Advisory 

4 Committee that are executive-level members of the 

5 aviation industry. 

6 (2) TERM.—Each member appointed under 

7 paragraph (1) shall serve a term of 1 year as Chair8 person. 

9 (f) MEETINGS.— 

10 (1) FREQUENCY.—The Advisory Committee 

11 shall meet at least twice each year at the call of the 

12 Chairperson. 

13 (2) PUBLIC ATTENDANCE.—The meetings of 

14 the Advisory Committee shall be open to the public. 

15 (g) SPECIAL COMMITTEES.— 

16 (1) ESTABLISHMENT.—The Advisory Com17 mittee may establish special committees composed of 

18 private sector representatives, members of the pub19 lic, labor representatives, and other interested par20 ties in complying with consultation and participation 

21 requirements under this section. 

22 (2) RULEMAKING ADVICE.—A special com23 mittee established by the Advisory Committee may— 


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1 (A) provide rulemaking advice and rec2 ommendations to the Administrator with re3 spect to aviation-related issues; 

4 (B) afford the FAA additional opportuni5 ties to obtain firsthand information and insight 

6 from those parties that are most affected by ex7 isting and proposed regulations; and 

8 (C) expedite the development, revision, or 

9 elimination of rules without circumventing pub10 lic rulemaking processes and procedures. 

11 (3) APPLICABLE LAW.—Public Law 92–463 

12 shall not apply to a special committee established by 

13 the Advisory Committee. 

14 (h) SUNSET.—The Advisory Committee shall termi15 nate on the last day of the 6-year period beginning on 

16 the date of the initial appointment of the members of the 

17 Advisory Committee. 

18 (i) TERMINATION OF AIR TRAFFIC PROCEDURES AD19 VISORY COMMITTEE.—The Air Traffic Procedures Advi20 sory Committee established by the FAA shall terminate 

21 on the date of the initial appointment of the members of 

22 the Advisory Committee. 


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1 Subtitle B—Aircraft Certification 

2 Reform 

3 SEC. 311. AIRCRAFT CERTIFICATION PERFORMANCE OB4 JECTIVES AND METRICS. 

5 (a) IN GENERAL.—Not later than 120 days after the 

6 date on which the Safety Oversight and Certification Advi7 sory Committee is established under section 302, the Ad8 ministrator of the FAA shall establish performance objec9 tives and apply and track metrics for the FAA and the 

10 aviation industry relating to aircraft certification in ac11 cordance with this section. 

12 (b) COLLABORATION.—The Administrator shall carry 

13 out this section in collaboration with the Safety Oversight 

14 and Certification Advisory Committee. 

15 (c) PERFORMANCE OBJECTIVES.—In carrying out 

16 subsection (a), the Administrator shall establish perform17 ance objectives for the FAA and the aviation industry to 

18 ensure that, with respect to aircraft certification, progress 

19 is made toward, at a minimum— 

20 (1) eliminating certification delays and improv21 ing cycle times; 

22 (2) increasing accountability for both FAA and 

23 industry entities; 

24 (3) achieving full utilization of FAA delegation 

25 and designation authorities; 


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1 (4) fully implementing risk management prin2 ciples and a systems safety approach; 

3 (5) reducing duplication of effort; 

4 (6) increasing transparency; 

5 (7) establishing and providing training, includ6 ing recurrent training, in auditing and a systems 

7 safety approach to certification oversight; 

8 (8) improving the process for approving or ac9 cepting the certification actions of bilateral partners; 

10 (9) maintaining and improving safety; and 

11 (10) maintaining the leadership of the United 

12 States in international aviation and aerospace. 

13 (d) PERFORMANCE METRICS.—In carrying out sub14 section (a), the Administrator shall apply and track per15 formance metrics for the FAA and the regulated aviation 

16 industry established by the Safety Oversight and Certifi17 cation Advisory Committee. 

18 (e) DATA GENERATION.— 

19 (1) BASELINES.—Not later than 1 year after 

20 the date on which the Safety Oversight and Certifi21 cation Advisory Committee establishes initial per22 formance metrics for the FAA and the regulated 

23 aviation industry under section 302, the Adminis24 trator shall generate initial data with respect to each 


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1 of the metrics applied and tracked under this sec2 tion. 

3 (2) MEASURING PROGRESS TOWARD GOALS.— 

4 The Administrator shall use the metrics applied and 

5 tracked under this section to generate data on an 

6 ongoing basis and to measure progress toward the 

7 achievement of national goals established by the 

8 Safety Oversight and Certification Advisory Com9 mittee. 

10 (f) PUBLICATION.—The Administrator shall make 

11 data generated using the metrics applied and tracked 

12 under this section available to the public in a searchable, 

13 sortable, and downloadable format through the Internet 

14 Web site of the FAA and other appropriate methods and 

15 shall ensure that the data is made available in a manner 

16 that— 

17 (1) does not provide identifying information re18 garding an individual or entity; and 

19 (2) protects proprietary information. 

20 SEC. 312. ORGANIZATION DESIGNATION AUTHORIZATIONS. 

21 (a) IN GENERAL.—Chapter 447 of title 49, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘§ 44736. Organization designation authorizations 

25 ‘‘(a) DELEGATIONS OF FUNCTIONS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), when overseeing an ODA holder, the Ad3 ministrator of the FAA shall— 

4 ‘‘(A) require, based on an application sub5 mitted by the ODA holder and approved by the 

6 Administrator (or the Administrator’s des7 ignee), a procedures manual that addresses all 

8 procedures and limitations regarding the func9 tions to be performed by the ODA holder in ac10 cordance with regulations issued by the Admin11 istrator; 

12 ‘‘(B) delegate fully to the ODA holder each 

13 of the functions to be performed as specified in 

14 the procedures manual, unless the Adminis15 trator determines, after the date of the delega16 tion and as a result of an inspection or other 

17 investigation, that the public interest and safety 

18 of air commerce requires a limitation with re19 spect to 1 or more of the functions; and 

20 ‘‘(C) conduct regular oversight activities by 

21 inspecting the ODA holder and taking action 

22 based on validated inspection findings. 

23 ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA 

24 holder shall— 


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1 ‘‘(A) perform each function delegated to 

2 the ODA holder in accordance with the ap3 proved procedures manual for the delegation; 

4 ‘‘(B) make the procedures manual avail5 able to each member of the appropriate ODA 

6 unit; and 

7 ‘‘(C) cooperate fully with oversight activi8 ties conducted by the Administrator in connec9 tion with the delegation. 

10 ‘‘(3) EXISTING ODA HOLDERS.—When over11 seeing an ODA holder operating under an approved 

12 procedures manual as of the date of enactment of 

13 this section, the Administrator shall— 

14 ‘‘(A) at the request of the ODA holder and 

15 in a timely manner, approve revisions to the 

16 ODA holder’s procedures manual; 

17 ‘‘(B) delegate fully to the ODA holder each 

18 of the functions to be performed as specified in 

19 the procedures manual, unless the Adminis20 trator determines, after the date of the delega21 tion and as a result of an inspection or other 

22 investigation, that the public interest and safety 

23 of air commerce requires a limitation with re24 spect to one or more of the functions; and 


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1 ‘‘(C) conduct regular oversight activities by 

2 inspecting the ODA holder and taking action 

3 based on validated inspection findings. 

4 ‘‘(b) ODA OFFICE.— 

5 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

6 after the date of enactment of this section, the Ad7 ministrator of the FAA shall identify, within the 

8 FAA Office of Aviation Safety, a centralized policy 

9 office to be known as the Organization Designation 

10 Authorization Office or the ODA Office. 

11 ‘‘(2) PURPOSE.—The purpose of the ODA Of12 fice shall be to oversee and ensure the consistency of 

13 the FAA’s audit functions under the ODA program 

14 across the FAA. 

15 ‘‘(3) FUNCTIONS.—The ODA Office shall— 

16 ‘‘(A) improve performance and ensure full 

17 utilization of the authorities delegated under 

18 the ODA program; 

19 ‘‘(B) create a more consistent approach to 

20 audit priorities, procedures, and training under 

21 the ODA program; 

22 ‘‘(C) review, in a timely fashion, a random 

23 sample of limitations on delegated authorities 

24 under the ODA program to determine if the 

25 limitations are appropriate; and 


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1 ‘‘(D) ensure national consistency in the in2 terpretation and application of the requirements 

3 of the ODA program and in the performance of 

4 the ODA program. 

5 ‘‘(c) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) FAA.—The term ‘FAA’ means the Fed8 eral Aviation Administration. 

9 ‘‘(2) ODA HOLDER.—The term ‘ODA holder’ 

10 means an organization— 

11 ‘‘(A) to which the FAA grants an ODA; 

12 and 

13 ‘‘(B) that is responsible for administering 

14 1 or more ODA units. 

15 ‘‘(3) ODA UNIT.—The term ‘‘ODA unit’’ 

16 means a group of 2 or more individuals within an 

17 ODA holder that performs authorized functions 

18 under an ODA. 

19 ‘‘(4) ORGANIZATION.—The term ‘‘organization’’ 

20 means a firm, partnership, corporation, company, 

21 association, joint-stock association, or governmental 

22 entity. 

23 ‘‘(5) ORGANIZATION DESIGNATION AUTHORIZA24 TION; ODA.—The term ‘Organization Designation 

25 Authorization’ or ‘ODA’ means an authorization by 


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1 the FAA under section 44702(d) for an organization 

2 comprised of 1 or more ODA units to perform ap3 proved functions on behalf of the FAA.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for such 

5 chapter is amended by adding at the end the following: 

‘‘44736. Organization designation authorizations.’’. 

6 SEC. 313. ODA REVIEW. 

7 (a) ESTABLISHMENT OF EXPERT REVIEW PANEL.— 

8 (1) EXPERT PANEL.—Not later than 60 days 

9 after the date of enactment of this Act, the Adminis10 trator of the FAA shall convene a multidisciplinary 

11 expert review panel (in this section referred to as the 

12 ‘‘Panel’’). 

13 (2) COMPOSITION OF PANEL.— 

14 (A) APPOINTMENT OF MEMBERS.—The 

15 Panel shall be composed of not more than 20 

16 members appointed by the Administrator. 

17 (B) QUALIFICATIONS.—The members ap18 pointed to the Panel shall— 

19 (i) each have a minimum of 5 years of 

20 experience in processes and procedures 

21 under the ODA program; and 

22 (ii) represent, at a minimum, ODA 

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1 tion safety inspectors and aviation safety 

2 engineers. 

3 (b) SURVEY.—The Panel shall conduct a survey of 

4 ODA holders and ODA program applicants to document 

5 and assess FAA certification and oversight activities, in6 cluding use of the ODA program and the timeliness and 

7 efficiency of the certification process. 

8 (c) ASSESSMENT AND RECOMMENDATIONS.—The 

9 Panel shall assess and make recommendations con10 cerning— 

11 (1) the FAA’s processes and procedures under 

12 the ODA program and whether the processes and 

13 procedures function as intended; 

14 (2) the best practices of and lessons learned by 

15 ODA holders and individuals who provide oversight 

16 of ODA holders; 

17 (3) performance incentive policies related to the 

18 ODA program for FAA personnel; 

19 (4) training activities related to the ODA pro20 gram for FAA personnel and ODA holders; 

21 (5) the impact, if any, that oversight of the 

22 ODA program has on FAA resources and the FAA’s 

23 ability to process applications for certifications out24 side of the ODA program; and 


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1 (6) the results of the survey conducted under 

2 subsection (b). 

3 (d) REPORT.—Not later than 6 months after the date 

4 the Panel is convened under subsection (a), the Panel shall 

5 submit to the Administrator, the Safety Oversight and 

6 Certification Advisory Committee, the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives, and the Committee on Commerce, Science, 

9 and Transportation of the Senate a report on the findings 

10 and recommendations of the Panel. 

11 (e) DEFINITIONS.—The definitions contained in sec12 tion 44736 of title 49, United States Code, as added by 

13 this Act, apply to this section. 

14 (f) APPLICABLE LAW.—Public Law 92–463 shall not 

15 apply to the Panel. 

16 (g) SUNSET.—The Panel shall terminate on the date 

17 of submission of the report under subsection (d), or on 

18 the date that is 1 year after the Panel is convened under 

19 subsection (a), whichever occurs first. 

20 SEC. 314. TYPE CERTIFICATION RESOLUTION PROCESS. 

21 (a) IN GENERAL.—Section 44704(a) of title 49, 

22 United States Code, is amended by adding at the end the 

23 following: 

24 ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC25 ESS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 15 

2 months after the date of enactment of this 

3 paragraph, the Administrator shall establish an 

4 effective, timely, and milestone-based issue reso5 lution process for type certification activities 

6 under this subsection. 

7 ‘‘(B) PROCESS REQUIREMENTS.—The res8 olution process shall provide for— 

9 ‘‘(i) resolution of technical issues at 

10 pre-established stages of the certification 

11 process, as agreed to by the Administrator 

12 and the type certificate applicant; 

13 ‘‘(ii) automatic elevation to appro14 priate management personnel of the Fed15 eral Aviation Administration and the type 

16 certificate applicant of any major certifi17 cation process milestone that is not com18 pleted or resolved within a specific period 

19 of time agreed to by the Administrator and 

20 the type certificate applicant; and 

21 ‘‘(iii) resolution of a major certifi22 cation process milestone elevated pursuant 

23 to clause (ii) within a specific period of 

24 time agreed to by the Administrator and 

25 the type certificate applicant. 


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1 ‘‘(C) MAJOR CERTIFICATION PROCESS

2 MILESTONE DEFINED.—In this paragraph, the 

3 term ‘major certification process milestone’ 

4 means a milestone related to a type certification 

5 basis, type certification plan, type inspection 

6 authorization, issue paper, or other major type 

7 certification activity agreed to by the Adminis8 trator and the type certificate applicant.’’. 

9 (b) TECHNICAL AMENDMENT.—Section 44704 of 

10 title 49, United States Code, is amended in the section 

11 heading by striking ‘‘airworthiness certificates,,’’ 

12 and inserting ‘‘airworthiness certificates,’’. 

13 SEC. 315. SAFETY ENHANCING EQUIPMENT AND SYSTEMS 

14 FOR SMALL GENERAL AVIATION AIRPLANES. 

15 (a) POLICY.—Not later than 180 days after the date 

16 of enactment of this Act, the Administrator of the FAA 

17 shall establish and begin implementation of a risk-based 

18 policy that streamlines the installation of safety enhancing 

19 equipment and systems for small general aviation air20 planes in a manner that reduces regulatory delays and sig21 nificantly improves safety. 

22 (b) INCLUSION OF CERTAIN EQUIPMENT AND SYS23 TEMS.—The safety enhancing equipment and systems for 

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1 rofit of primary flight displays, auto pilots, engine mon2 itors, and navigation equipment. 

3 (c) COLLABORATION.—In carrying out this section, 

4 the Administrator shall collaborate with general aviation 

5 operators, general aviation manufacturers, and appro6 priate FAA labor groups, including representatives of 

7 FAA aviation safety inspectors and aviation safety engi8 neers certified under section 7111 of title 5, United States 

9 Code. 

10 (d) SMALL GENERAL AVIATION AIRPLANE DE11 FINED.—In this section, the term ‘‘small general aviation 

12 airplane’’ means an airplane— 

13 (1) that is certified to the standards of part 23 

14 of title 14, Code of Federal Regulations; 

15 (2) has a seating capacity of fewer than 9 pas16 sengers; and 

17 (3) is not used in scheduled passenger-carrying 

18 operations under part 121 or 135 of title 14, Code 

19 of Federal Regulations. 

20 SEC. 316. STREAMLINING CERTIFICATION OF SMALL GEN21 ERAL AVIATION AIRPLANES. 

22 (a) NOTICE OF PROPOSED RULEMAKING.—Not later 

23 than May 1, 2016, the Administrator of the FAA shall 

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1 tion 3 of the Small Airplane Revitalization Act of 2013 

2 (49 U.S.C. 44704 note). 

3 (b) GOVERNMENT REVIEW.—The Government’s re4 view process shall be streamlined to meet the deadline in 

5 subsection (a). 

6 SEC. 317. ADDITIONAL CERTIFICATION RESOURCES. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, and subject to the requirements of subsection 

9 (b), the Administrator of the FAA may enter into a reim10 bursable agreement with an applicant or certificate-holder 

11 for the reasonable travel and per diem expenses of the 

12 FAA associated with official travel to expedite the accept13 ance or validation by a foreign authority of an FAA certifi14 cate or design approval. 

15 (b) CONDITIONS.—The Administrator may enter into 

16 an agreement under subsection (a) only if— 

17 (1) the travel covered under the agreement is 

18 deemed necessary, by both the Administrator and 

19 the applicant or certificate-holder, to expedite the 

20 acceptance or validation of the relevant certificate or 

21 approval; 

22 (2) the travel is conducted at the request of the 

23 applicant or certificate-holder; 


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1 (3) travel plans and expenses are approved by 

2 the applicant or certificate-holder prior to travel; 

3 and 

4 (4) the agreement requires payment in advance 

5 of FAA services and is consistent with the processes 

6 under section 106(l)(6) of title 49, United States 

7 Code. 

8 (c) REPORT.—Not later than 2 years after the date 

9 of enactment of this Act, the Administrator shall submit 

10 to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate a 

13 report on— 

14 (1) the number of occasions on which the Ad15 ministrator entered into reimbursable agreements 

16 under this section; 

17 (2) the number of occasions on which the Ad18 ministrator declined a request by an applicant or 

19 certificate-holder to enter into a reimbursable agree20 ment under this section; 

21 (3) the amount of reimbursements collected in 

22 accordance with agreements under this section; and 

23 (4) the extent to which reimbursable agree24 ments under this section assisted in reducing the 


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1 amount of time necessary for foreign authorities’ 

2 validations of FAA certificates and design approvals. 

3 (d) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) APPLICANT.—The term ‘‘applicant’’ means 

6 a person that has applied to a foreign authority for 

7 the acceptance or validation of an FAA certificate or 

8 design approval. 

9 (2) CERTIFICATE-HOLDER.—The term ‘‘certifi10 cate-holder’’ means a person that holds a certificate 

11 issued by the Administrator under part 21 of title 

12 14, Code of Federal Regulations. 

13 Subtitle C—Flight Standards 

14 Reform 

15 SEC. 331. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 

16 AND METRICS. 

17 (a) IN GENERAL.—Not later than 120 days after the 

18 date on which the Safety Oversight and Certification Advi19 sory Committee is established under section 302, the Ad20 ministrator of the FAA shall establish performance objec21 tives and apply and track metrics for the FAA and the 

22 aviation industry relating to flight standards activities in 

23 accordance with this section. 


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1 (b) COLLABORATION.—The Administrator shall carry 

2 out this section in collaboration with the Safety Oversight 

3 and Certification Advisory Committee. 

4 (c) PERFORMANCE OBJECTIVES.—In carrying out 

5 subsection (a), the Administrator shall establish perform6 ance objectives for the FAA and the aviation industry to 

7 ensure that, with respect to flight standards activities, 

8 progress is made toward, at a minimum— 

9 (1) eliminating delays with respect to such ac10 tivities; 

11 (2) increasing accountability for both FAA and 

12 industry entities; 

13 (3) achieving full utilization of FAA delegation 

14 and designation authorities; 

15 (4) fully implementing risk management prin16 ciples and a systems safety approach; 

17 (5) reducing duplication of effort; 

18 (6) eliminating inconsistent regulatory interpre19 tations and inconsistent enforcement activities; 

20 (7) streamlining the hiring process for— 

21 (A) qualified systems safety engineers to 

22 support FAA efforts to implement a systems 

23 safety approach; and 


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1 (B) qualified systems engineers to guide 

2 the engineering of complex systems within the 

3 FAA; 

4 (8) improving and providing greater opportuni5 ties for training, including recurrent training, in au6 diting and a systems safety approach to oversight; 

7 (9) developing and allowing utilization of a sin8 gle master source for guidance; 

9 (10) providing and utilizing a streamlined ap10 peal process for the resolution of regulatory interpre11 tation questions; 

12 (11) maintaining and improving safety; and 

13 (12) increasing transparency. 

14 (d) METRICS.—In carrying out subsection (a), the 

15 Administrator shall apply and track performance metrics 

16 for the FAA and the regulated aviation industry estab17 lished by the Safety Oversight and Certification Advisory 

18 Committee. 

19 (e) DATA GENERATION.— 

20 (1) BASELINES.—Not later than 1 year after 

21 the date on which the Safety Oversight and Certifi22 cation Advisory Committee establishes initial per23 formance metrics for the FAA and the regulated 

24 aviation industry under section 302, the Adminis25 trator shall generate initial data with respect to each 


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1 of the metrics applied and tracked under this sec2 tion. 

3 (2) MEASURING PROGRESS TOWARD GOALS.— 

4 The Administrator shall use the metrics applied and 

5 tracked under this section to generate data on an 

6 ongoing basis and to measure progress toward the 

7 achievement of national goals established by the 

8 Safety Oversight and Certification Advisory Com9 mittee. 

10 (f) PUBLICATION.—The Administrator shall make 

11 data generated using the metrics applied and tracked 

12 under this section available to the public in a searchable, 

13 sortable, and downloadable format through the Internet 

14 Web site of the FAA and other appropriate methods and 

15 shall ensure that the data is made available in a manner 

16 that— 

17 (1) does not provide identifying information re18 garding an individual or entity; and 

19 (2) protects proprietary information. 

20 SEC. 332. FAA TASK FORCE ON FLIGHT STANDARDS RE21 FORM. 

22 (a) ESTABLISHMENT.—Not later than 90 days after 

23 the date of enactment of this Act, the Administrator of 

24 the FAA shall establish the FAA Task Force on Flight 


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1 Standards Reform (in this section referred to as the ‘‘Task 

2 Force’’). 

3 (b) MEMBERSHIP.— 

4 (1) APPOINTMENT.—The membership of the 

5 Task Force shall be appointed by the Administrator. 

6 (2) NUMBER.—The Task Force shall be com7 posed of not more than 20 members. 

8 (3) REPRESENTATION REQUIREMENTS.—The 

9 membership of the Task Force shall include rep10 resentatives, with knowledge of flight standards reg11 ulatory processes and requirements, of— 

12 (A) air carriers; 

13 (B) general aviation; 

14 (C) business aviation; 

15 (D) repair stations; 

16 (E) unmanned aircraft systems operators; 

17 (F) flight schools; 

18 (G) labor unions, including those rep19 resenting FAA aviation safety inspectors; and 

20 (H) aviation safety experts. 

21 (c) DUTIES.—The duties of the Task Force shall in22 clude, at a minimum, identifying best practices and pro23 viding recommendations, for current and anticipated 

24 budgetary environments, with respect to— 


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1 (1) simplifying and streamlining flight stand2 ards regulatory processes; 

3 (2) reorganizing Flight Standards Services to 

4 establish an entity organized by function rather than 

5 geographic region, if appropriate; 

6 (3) FAA aviation safety inspector training op7 portunities; 

8 (4) FAA aviation safety inspector standards 

9 and performance; and 

10 (5) achieving, across the FAA, consistent— 

11 (A) regulatory interpretations; and 

12 (B) application of oversight activities. 

13 (d) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Task Force shall submit to 

15 the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate a report 

18 detailing— 

19 (1) the best practices identified and rec20 ommendations provided by the Task Force under 

21 subsection (c); and 

22 (2) any recommendations of the Task Force for 

23 additional regulatory action or cost-effective legisla24 tive action. 


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1 (e) APPLICABLE LAW.—Public Law 92–463 shall not 

2 apply to the Task Force. 

3 (f) TERMINATION.—The Task Force shall terminate 

4 on the earlier of— 

5 (1) the date on which the Task Force submits 

6 the report required under subsection (d); or 

7 (2) the date that is 18 months after the date 

8 on which the Task Force is established under sub9 section (a). 

10 SEC. 333. CENTRALIZED SAFETY GUIDANCE DATABASE. 

11 (a) ESTABLISHMENT.—Not later than 1 year after 

12 the date of enactment of this Act, the Administrator of 

13 the FAA shall establish a centralized safety guidance data14 base that will— 

15 (1) encompass all of the regulatory guidance 

16 documents of the FAA Office of Aviation Safety; 

17 (2) contain, for each such guidance document, 

18 a link to the Code of Federal Regulations provision 

19 to which the document relates; and 

20 (3) be publicly available in a manner that— 

21 (A) does not provide identifying informa22 tion regarding an individual or entity; and 

23 (B) protects proprietary information. 

24 (b) DATA ENTRY TIMING.— 


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1 (1) EXISTING DOCUMENTS.—Not later than 14 

2 months after the date of enactment of this Act, the 

3 Administrator shall begin entering into the database 

4 established under subsection (a) all of the regulatory 

5 guidance documents of the Office of Aviation Safety 

6 that are in effect and were issued before the date on 

7 which the Administrator begins such entry process. 

8 (2) NEW DOCUMENTS AND CHANGES.—On and 

9 after the date on which the Administrator begins the 

10 document entry process under paragraph (1), the 

11 Administrator shall ensure that all new regulatory 

12 guidance documents of the Office of Aviation Safety 

13 and any changes to existing documents are included 

14 in the database established under subsection (a). 

15 (c) CONSULTATION REQUIREMENT.—In establishing 

16 the database under subsection (a), the Administrator shall 

17 consult and collaborate with appropriate stakeholders, in18 cluding labor organizations (including those representing 

19 aviation workers and FAA aviation safety inspectors) and 

20 industry stakeholders. 

21 (d) REGULATORY GUIDANCE DOCUMENTS DE22 FINED.—In this section, the term ‘‘regulatory guidance 

23 documents’’ means all forms of written information issued 

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1 ing information an individual or entity may use to deter2 mine acceptable means of compliance with such regula3 tions and requirements. 

4 SEC. 334. REGIONAL CONSISTENCY COMMUNICATIONS 

5 BOARD. 

6 (a) ESTABLISHMENT.—Not later than 6 months after 

7 the date of enactment of this Act, the Administrator of 

8 the FAA shall establish a Regional Consistency Commu9 nications Board (in this section referred to as the 

10 ‘‘Board’’). 

11 (b) CONSULTATION REQUIREMENT.—In establishing 

12 the Board, the Administrator shall consult and collaborate 

13 with appropriate stakeholders, including FAA labor orga14 nizations (including labor organizations representing FAA 

15 aviation safety inspectors) and industry stakeholders. 

16 (c) MEMBERSHIP.—The Board shall be composed of 

17 FAA representatives, appointed by the Administrator, 

18 from— 

19 (1) the Flight Standards Service; 

20 (2) the Aircraft Certification Service; and 

21 (3) the Office of the Chief Counsel. 

22 (d) FUNCTIONS.—The Board shall carry out the fol23 lowing functions: 

24 (1) Establish, at a minimum, processes by 

25 which— 


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1 (A) FAA personnel and regulated entities 

2 may submit anonymous regulatory interpreta3 tion questions without fear of retaliation; and 

4 (B) FAA personnel may submit written 

5 questions, and receive written responses, as to 

6 whether a previous approval or regulatory inter7 pretation issued by FAA personnel in another 

8 office or region is correct or incorrect. 

9 (2) Meet on a regular basis to discuss and re10 solve questions submitted pursuant to paragraph (1) 

11 and the appropriate application of regulations and 

12 policy with respect to each question. 

13 (3) Provide to an individual or entity that sub14 mitted a question pursuant to paragraph (1) a time15 ly response to the question. 

16 (4) Establish a process to make resolutions of 

17 common regulatory interpretation questions pub18 lically available to FAA personnel and regulated en19 tities without providing any identifying data of the 

20 individuals or entities that submitted the questions 

21 and in a manner that protects any proprietary infor22 mation. 

23 (5) Ensure the incorporation of resolutions of 

24 questions submitted pursuant to paragraph (1) into 

25 regulatory guidance documents. 


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1 (e) PERFORMANCE METRICS, TIMELINES, AND

2 GOALS.—Not later than 6 months after the date on which 

3 the Safety Oversight and Certification Advisory Com4 mittee establishes performance metrics for the FAA and 

5 the regulated aviation industry under section 302, the Ad6 ministrator, in collaboration with the Advisory Committee, 

7 shall— 

8 (1) establish performance metrics, timelines, 

9 and goals to measure the progress of the Board in 

10 resolving regulatory interpretation questions sub11 mitted pursuant to subsection (d)(1); and 

12 (2) implement a process for tracking the 

13 progress of the Board in meeting the requirements 

14 established under paragraph (1). 

15 Subtitle D—Safety Workforce 

16 SEC. 341. SAFETY WORKFORCE TRAINING STRATEGY. 

17 (a) SAFETY WORKFORCE TRAINING STRATEGY.— 

18 Not later than 60 days after the date of enactment of this 

19 Act, the Administrator of the FAA shall establish a safety 

20 workforce training strategy that— 

21 (1) allows employees participating in organiza22 tion management teams or conducting ODA pro23 gram audits to complete, in a timely fashion, appro24 priate training, including recurrent training, in au25 diting and a systems safety approach to oversight; 


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1 (2) seeks knowledge-sharing opportunities be2 tween the FAA and the aviation industry regarding 

3 new equipment and systems, best practices, and 

4 other areas of interest; 

5 (3) functions within the current and anticipated 

6 budgetary environments; and 

7 (4) includes milestones and metrics for meeting 

8 the requirements of paragraphs (1), (2), and (3). 

9 (b) REPORT.—Not later than 9 months after the date 

10 of establishment of the strategy required under subsection 

11 (a), the Administrator shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Commerce, Science, 

14 and Transportation of the Senate a report on the imple15 mentation of the strategy and progress in meeting any 

16 milestones and metrics included in the strategy. 

17 (c) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) ODA HOLDER; ODA PROGRAM.—The terms 

20 ‘‘ODA holder’’ and ‘‘ODA program’’ have the mean21 ings given those terms in section 44736 of title 49, 

22 United States Code, as added by this Act. 

23 (2) ORGANIZATION MANAGEMENT TEAM.—The 

24 term ‘‘organization management team’’ means a 

25 team consisting of FAA aviation safety engineers, 


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1 flight test pilots, and aviation safety inspectors over2 seeing an ODA holder and its certification activity. 

3 SEC. 342. WORKFORCE REVIEW. 

4 (a) WORKFORCE REVIEW.—Not later than 3 months 

5 after the date of enactment of this Act, the Comptroller 

6 General of the United States shall conduct a review to as7 sess the workforce and training needs of the FAA Office 

8 of Aviation Safety in the anticipated budgetary environ9 ment. 

10 (b) CONTENTS.—The review required under sub11 section (a) shall include— 

12 (1) a review of current aviation safety inspector 

13 and aviation safety engineer hiring, training, and re14 current training requirements; 

15 (2) an analysis of the skills and qualifications 

16 required of aviation safety inspectors and aviation 

17 safety engineers for successful performance in the 

18 current and future projected aviation safety regu19 latory environment, including the need for a systems 

20 engineering discipline within the FAA to guide the 

21 engineering of complex systems, with an emphasis 

22 on auditing designated authorities; 

23 (3) a review of current performance incentive 

24 policies of the FAA, as applied to the Office of Avia25 tion Safety, including awards for performance; 


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1 (4) an analysis of ways the FAA can work with 

2 industry and labor, including labor groups rep3 resenting FAA aviation safety inspectors and avia4 tion safety engineers, to establish knowledge-sharing 

5 opportunities between the FAA and the aviation in6 dustry regarding new equipment and systems, best 

7 practices, and other areas of interest; and 

8 (5) recommendations on the most effective 

9 qualifications, training programs (including e-learn10 ing training), and performance incentive approaches 

11 to address the needs of the future projected aviation 

12 safety regulatory system in the anticipated budg13 etary environment. 

14 (c) REPORT.—Not later than 9 months after the date 

15 of enactment of this Act, the Comptroller General shall 

16 submit to the Committee on Transportation and Infra17 structure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate a report on the results of the review required under 

20 subsection (a). 


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1 Subtitle E—International Aviation 

2 SEC. 351. PROMOTION OF UNITED STATES AEROSPACE 

3 STANDARDS, PRODUCTS, AND SERVICES 

4 ABROAD. 

5 Section 40104 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

8 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

9 Administrator shall take appropriate actions to— 

10 ‘‘(1) promote United States aerospace safety 

11 standards abroad; 

12 ‘‘(2) facilitate and vigorously defend approvals 

13 of United States aerospace products and services 

14 abroad; 

15 ‘‘(3) with respect to bilateral partners, utilize 

16 bilateral safety agreements and other mechanisms to 

17 improve validation of United States type certificated 

18 aeronautical products and appliances and enhance 

19 mutual acceptance in order to eliminate 

20 redundancies and unnecessary costs; and 

21 ‘‘(4) with respect to foreign safety authorities, 

22 streamline validation and coordination processes.’’. 


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1 SEC. 352. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 

2 RESPONSIBILITIES. 

3 Section 44701(e) of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

6 ‘‘(A) ACCEPTANCE.—The Administrator 

7 shall accept an airworthiness directive issued by 

8 an aeronautical safety authority of a foreign 

9 country, and leverage that authority’s regu10 latory process, if— 

11 ‘‘(i) the country is the state of design 

12 for the product that is the subject of the 

13 airworthiness directive; 

14 ‘‘(ii) the United States has a bilateral 

15 safety agreement relating to aircraft cer16 tification with the country; 

17 ‘‘(iii) as part of the bilateral safety 

18 agreement with the country, the Adminis19 trator has determined that such aero20 nautical safety authority has a certification 

21 system relating to safety that produces a 

22 level of safety equivalent to the level pro23 duced by the system of the Federal Avia24 tion Administration; and 

25 ‘‘(iv) the aeronautical safety authority 

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1 parent notice and comment process in the 

2 issuance of airworthiness directives. 

3 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

4 Notwithstanding subparagraph (A), the Admin5 istrator may issue a Federal Aviation Adminis6 tration airworthiness directive instead of accept7 ing an airworthiness directive otherwise eligible 

8 for acceptance under such subparagraph, if the 

9 Administrator determines that such issuance is 

10 necessary for safety or operational reasons due 

11 to the complexity or unique features of the air12 worthiness directive or the United States avia13 tion system. 

14 ‘‘(C) ALTERNATIVE MEANS OF COMPLI15 ANCE.—The Administrator may— 

16 ‘‘(i) accept an alternative means of 

17 compliance, with respect to an airworthi18 ness directive accepted under subpara19 graph (A), that was approved by the aero20 nautical safety authority of the foreign 

21 country that issued the airworthiness di22 rective; or 

23 ‘‘(ii) notwithstanding subparagraph 

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1 ed under such subparagraph, approve an 

2 alternative means of compliance with re3 spect to the airworthiness directive.’’. 

4 SEC. 353. FAA LEADERSHIP ABROAD. 

5 (a) IN GENERAL.—To promote United States aero6 space safety standards, reduce redundant regulatory activ7 ity, and facilitate acceptance of FAA design and produc8 tion approvals abroad, the Administrator of the FAA 

9 shall— 

10 (1) attain greater expertise in issues related to 

11 dispute resolution, intellectual property, and export 

12 control laws to better support FAA certification and 

13 other aerospace regulatory activities abroad; 

14 (2) work with United States companies to more 

15 accurately track the amount of time it takes foreign 

16 authorities, including bilateral partners, to validate 

17 United States type certificated aeronautical prod18 ucts; 

19 (3) provide assistance to United States compa20 nies who have experienced significantly long foreign 

21 validation wait times; 

22 (4) work with foreign authorities, including bi23 lateral partners, to collect and analyze data to deter24 mine the timeliness of the acceptance and validation 

25 of FAA design and production approvals by foreign 


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1 authorities and the acceptance and validation of for2 eign-certified products by the FAA; 

3 (5) establish appropriate benchmarks and 

4 metrics to measure the success of bilateral aviation 

5 safety agreements and to reduce the validation time 

6 for United States type certificated aeronautical 

7 products abroad; and 

8 (6) work with foreign authorities, including bi9 lateral partners, to improve the timeliness of the ac10 ceptance and validation of FAA design and produc11 tion approvals by foreign authorities and the accept12 ance and validation of foreign-certified products by 

13 the FAA. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Administrator of the FAA 

16 shall submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate a report that— 

20 (1) describes the FAA’s strategic plan for inter21 national engagement; 

22 (2) describes the structure and responsibilities 

23 of all FAA offices that have international respon24 sibilities, including the Aircraft Certification Office, 


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1 and all the activities conducted by those offices re2 lated to certification and production; 

3 (3) describes current and forecasted staffing 

4 and travel needs for the FAA’s international engage5 ment activities, including the needs of the Aircraft 

6 Certification Office in the current and forecasted 

7 budgetary environment; 

8 (4) provides recommendations, if appropriate, 

9 to improve the existing structure and personnel and 

10 travel policies supporting the FAA’s international 

11 engagement activities, including the activities of the 

12 Aviation Certification Office, to better support the 

13 growth of United States aerospace exports; and 

14 (5) identifies regulatory initiatives or cost-effec15 tive legislative initiatives needed to improve and en16 hance the timely acceptance of United States aero17 space products abroad. 

18 (c) INTERNATIONAL TRAVEL.—The Administrator of 

19 the FAA, or the Administrator’s designee, may authorize 

20 international travel for any FAA employee, without the 

21 approval of any other person or entity, if the Adminis22 trator determines that the travel is necessary— 

23 (1) to promote United States aerospace safety 

24 standards; or 


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1 (2) to support expedited acceptance of FAA de2 sign and production approvals. 

3 SEC. 354. REGISTRATION, CERTIFICATION, AND RELATED 

4 FEES. 

5 Section 45305 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (a) by striking ‘‘Subject to 

8 subsection (b)’’ and inserting ‘‘Subject to subsection 

9 (c)’’; 

10 (2) by redesignating subsections (b) and (c) as 

11 subsections (c) and (d), respectively; and 

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) CERTIFICATION SERVICES.—Subject to sub15 section (c), and notwithstanding section 45301(a), the Ad16 ministrator may establish and collect a fee from a foreign 

17 government or entity for services related to certification, 

18 regardless of where the services are provided, if the fee— 

19 ‘‘(1) is established and collected in a manner 

20 consistent with aviation safety agreements; and 

21 ‘‘(2) does not exceed the estimated costs of the 

22 services.’’. 


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1 TITLE IV—SAFETY 

2 Subtitle A—General Provisions 

3 SEC. 401. DESIGNATED AGENCY SAFETY AND HEALTH OFFI4 CER. 

5 Section 106 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(u) DESIGNATED AGENCY SAFETY AND HEALTH

8 OFFICER.— 

9 ‘‘(1) IN GENERAL.—There shall be a Des10 ignated Agency Safety and Health Officer appointed 

11 by the Administrator, not later than 180 days after 

12 the date of enactment of this subsection, who shall 

13 exclusively fulfill the duties prescribed in this sub14 section. 

15 ‘‘(2) DUTIES.—The Designated Agency Safety 

16 and Health Officer shall have responsibility and ac17 countability for— 

18 ‘‘(A) auditing occupational safety and 

19 health issues across the Administration; 

20 ‘‘(B) overseeing Administration-wide com21 pliance with relevant Federal occupational safe22 ty and health statutes and regulations, national 

23 industry and consensus standards, and Admin24 istration policies; and 


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1 ‘‘(C) encouraging a culture of occupational 

2 safety and health to complement the Adminis3 tration’s existing safety culture. 

4 ‘‘(3) REPORTING STRUCTURE.—The Designated 

5 Agency Safety and Health Officer shall occupy a 

6 full-time, senior executive position and shall report 

7 directly to the Assistant Administrator for Human 

8 Resource Management. 

9 ‘‘(4) QUALIFICATIONS AND REMOVAL.— 

10 ‘‘(A) QUALIFICATIONS.—The Designated 

11 Agency Safety and Health Officer shall have 

12 demonstrated ability and experience in the es13 tablishment and administration of comprehen14 sive occupational safety and health programs 

15 and knowledge of relevant Federal occupational 

16 safety and health statutes and regulations, na17 tional industry and consensus standards, and 

18 Administration policies. 

19 ‘‘(B) REMOVAL.—The Designated Agency 

20 Safety and Health Officer shall serve at the 

21 pleasure of the Administrator.’’. 

22 SEC. 402. REPAIR STATIONS LOCATED OUTSIDE UNITED 

23 STATES. 

24 (a) RISK-BASED OVERSIGHT.—Section 44733 of title 

25 49, United States Code, is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); 

3 (2) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) RISK-BASED OVERSIGHT.— 

6 ‘‘(1) IN GENERAL.—Not later than 90 days 

7 after the date of enactment of the Aviation Innova8 tion, Reform, and Reauthorization Act of 2016, the 

9 Administrator shall take measures to ensure that the 

10 safety assessment system established under sub11 section (a)— 

12 ‘‘(A) places particular consideration on in13 spections of part 145 repair stations located 

14 outside the United States that conduct sched15 uled heavy maintenance work on part 121 air 

16 carrier aircraft; and 

17 ‘‘(B) accounts for the frequency and seri18 ousness of any corrective actions that part 121 

19 air carriers must implement to aircraft fol20 lowing such work at such repair stations. 

21 ‘‘(2) INTERNATIONAL AGREEMENTS.—The Ad22 ministrator shall take the measures required under 

23 paragraph (1)— 


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1 ‘‘(A) in accordance with the United States 

2 obligations under applicable international agree3 ments; and 

4 ‘‘(B) in a manner consistent with the ap5 plicable laws of the country in which a repair 

6 station is located. 

7 ‘‘(3) ACCESS TO DATA.—The Administrator 

8 may access and review such information or data in 

9 the possession of a part 121 air carrier as the Ad10 ministrator may require in carrying out paragraph 

11 (1)(B).’’; and 

12 (3) in subsection (g) (as so redesignated)— 

13 (A) by redesignating paragraphs (1) and 

14 (2) as paragraphs (2) and (3), respectively; and 

15 (B) by inserting before paragraph (2) (as 

16 so redesignated) the following: 

17 ‘‘(1) HEAVY MAINTENANCE WORK.—The term 

18 ‘heavy maintenance work’ means a C-check, a D19 check, or equivalent maintenance operation with re20 spect to the airframe of a transport-category air21 craft.’’. 

22 (b) ALCOHOL AND CONTROLLED SUBSTANCES TEST23 ING.—The Administrator of the Federal Aviation Admin24 istration shall ensure that— 


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1 (1) not later than 90 days after the date of en2 actment of this Act, a notice of proposed rulemaking 

3 required pursuant to section 44733(d)(2) is pub4 lished in the Federal Register; and 

5 (2) not later than 1 year after the date on 

6 which the notice of proposed rulemaking is published 

7 in the Federal Register, the rulemaking is finalized. 

8 (c) BACKGROUND INVESTIGATIONS.—Not later than 

9 180 days after the date of enactment of this Act, the Ad10 ministrator shall ensure that each employee of a repair 

11 station certificated under part 145 of title 14, Code of 

12 Federal Regulations, who performs a safety-sensitive func13 tion on an air carrier aircraft has undergone a pre-employ14 ment background investigation sufficient to determine 

15 whether the individual presents a threat to aviation safety, 

16 in a manner that is— 

17 (1) determined acceptable by the Administrator; 

18 (2) consistent with the applicable laws of the 

19 country in which the repair station is located; and 

20 (3) consistent with the United States obliga21 tions under international agreements. 

22 SEC. 403. ENHANCED TRAINING FOR FLIGHT ATTENDANTS. 

23 Section 44734(a) of title 49, United States Code, is 

24 amended— 


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1 (1) in paragraph (2) by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (3) by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(4) recognizing and responding to potential 

7 human trafficking victims.’’. 

8 SEC. 404. FAA TECHNICAL TRAINING. 

9 (a) E-LEARNING TRAINING PILOT PROGRAM.—Not 

10 later than 90 days after the date of enactment of this Act, 

11 the Administrator of the Federal Aviation Administration, 

12 in collaboration with the exclusive bargaining representa13 tives of covered FAA personnel, shall establish an e-learn14 ing training pilot program in accordance with the require15 ments of this section. 

16 (b) CURRICULUM.—The pilot program shall— 

17 (1) include a recurrent training curriculum for 

18 covered FAA personnel to ensure that the personnel 

19 receive instruction on the latest aviation tech20 nologies, processes, and procedures; 

21 (2) focus on providing specialized technical 

22 training for covered FAA personnel, as determined 

23 necessary by the Administrator; 

24 (3) include training courses on applicable regu25 lations of the Federal Aviation Administration; and 


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1 (4) consider the efficacy of instructor-led online 

2 training. 

3 (c) PILOT PROGRAM TERMINATION.—The pilot pro4 gram shall terminate 1 year after the date of establish5 ment of the pilot program. 

6 (d) E-LEARNING TRAINING PROGRAM.—Upon termi7 nation of the pilot program, the Administrator shall estab8 lish an e-learning training program that incorporates les9 sons learned for covered FAA personnel as a result of the 

10 pilot program. 

11 (e) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) COVERED FAA PERSONNEL.—The term 

14 ‘‘covered FAA personnel’’ means airway transpor15 tation systems specialists and aviation safety inspec16 tors of the Federal Aviation Administration. 

17 (2) E-LEARNING TRAINING.—The term ‘‘e18 learning training’’ means learning utilizing electronic 

19 technologies to access educational curriculum outside 

20 of a traditional classroom. 

21 SEC. 405. SAFETY CRITICAL STAFFING. 

22 (a) AUDIT BY DOT INSPECTOR GENERAL.—Not 

23 later than 1 year after the date of enactment of this Act, 

24 the Inspector General of the Department of Transpor25 tation shall conduct and complete an audit of the staffing 


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1 model used by the Federal Aviation Administration to de2 termine the number of aviation safety inspectors that are 

3 needed to fulfill the mission of the Federal Aviation Ad4 ministration and adequately ensure aviation safety. 

5 (b) CONTENTS.—The audit shall include, at a min6 imum— 

7 (1) a review of the staffing model and an anal8 ysis of how consistently the staffing model is applied 

9 throughout the Federal Aviation Administration’s 

10 aviation safety line of business; 

11 (2) a review of the assumptions and methods 

12 used in devising and implementing the staffing 

13 model to assess the adequacy of the staffing model 

14 to predict the number of aviation safety inspectors 

15 needed to properly fulfill the mission of the Federal 

16 Aviation Administration and meet the future growth 

17 of the aviation industry; and 

18 (3) a determination on whether the current 

19 staffing model takes into account the Federal Avia20 tion Administration’s authority to fully utilize des21 ignees. 

22 (c) REPORT.—Not later than 30 days after the date 

23 of completion of the audit, the Inspector General shall 

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1 mittee on Commerce, Science, and Transportation of the 

2 Senate a report on the results of the audit. 

3 SEC. 406. DEADLINE FOR AIRLINE PILOT RECORDS DATA4 BASE. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Administrator of the Federal Aviation Ad7 ministration shall make available to air carriers the 

8 records maintained in the pilot records database required 

9 under section 44703(i) of title 49, United States Code. 

10 SEC. 407. INTERNATIONAL EFFORTS REGARDING TRACK11 ING OF CIVIL AIRCRAFT. 

12 The Administrator of the Federal Aviation Adminis13 tration shall exercise leadership on creating a global ap14 proach to improving aircraft tracking by working with— 

15 (1) foreign counterparts of the Administrator in 

16 the International Civil Aviation Organization and its 

17 subsidiary organizations; 

18 (2) other international organizations and fora; 

19 and 

20 (3) the private sector. 

21 SEC. 408. AIRCRAFT DATA ACCESS AND RETRIEVAL SYS22 TEMS. 

23 (a) ASSESSMENT.—Not later than 90 days after the 

24 date of enactment of this Act, the Administrator of the 

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1 ment of aircraft data access and retrieval systems for part 

2 121 air carrier aircraft that are used in extended 

3 overwater operations to— 

4 (1) determine if the systems provide improved 

5 access and retrieval of aircraft data and cockpit 

6 voice recordings in the event of an aircraft accident; 

7 and 

8 (2) assess the cost effectiveness of each system 

9 assessed. 

10 (b) SYSTEMS TO BE EXAMINED.—The systems to be 

11 examined under this section shall include, at a minimum— 

12 (1) automatic deployable flight recorders; 

13 (2) emergency locator transmitters; and 

14 (3) satellite-based solutions. 

15 (c) REPORT.—Not later than 1 year after the date 

16 of initiation of the assessment, the Administrator shall 

17 submit to the Committee on Transportation and Infra18 structure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate a report on the results of the assessment. 

21 (d) PART 121 AIR CARRIER DEFINED.—In this sec22 tion, the term ‘‘part 121 air carrier’’ means an air carrier 

23 that holds a certificate issued under part 121 of title 14, 

24 Code of Federal Regulations. 


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1 SEC. 409. PANEL OF AUTOMATION EXPERTS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Administrator of the 

4 Federal Aviation Administration shall convene a panel of 

5 experts to evaluate methods for training flight crews to 

6 understand the functionality of automated systems in an 

7 aircraft cockpit for flightpath management. 

8 (b) MEMBERSHIP.—The members of the panel 

9 shall— 

10 (1) include representatives from labor, industry 

11 stakeholders, and subject matter experts; and 

12 (2) have expertise in human factors, training, 

13 or flight operations. 

14 (c) DUTIES.—The panel shall— 

15 (1) identify which of the training methods eval16 uated by the panel are the most effective; 

17 (2) make recommendations for the implementa18 tion of those methods, taking into consideration the 

19 current and anticipated budgetary environment; 

20 (3) evaluate appropriate requirements and 

21 make recommendations for low-speed alerts for air22 craft operating under parts 121 and 129 of title 14, 

23 Code of Federal Regulations; and 

24 (4) evaluate the feasibility of context-dependent, 

25 low-energy alerting systems for aircraft operating 


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1 under parts 121 and 129 of title 14, Code of Fed2 eral Regulations. 

3 (d) REPORT.—The panel shall submit to the Admin4 istrator, the Committee on Transportation and Infrastruc5 ture of the House of Representatives, and the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 a report on the results of the evaluation conducted under 

8 this section. 

9 (e) SUNSET.—The panel shall terminate on the date 

10 of submission of the report under subsection (d). 

11 SEC. 410. RISK-BASED COCKPIT SAFETY. 

12 (a) ASSESSMENT.—Not later than 90 days after the 

13 date of enactment of this Act, the Administrator of the 

14 Federal Aviation Administration shall complete an assess15 ment that— 

16 (1) identifies risks posed to cockpits on com17 mercial passenger aircraft and evaluates current 

18 standards and requirements in place regarding cock19 pit safety; 

20 (2) determines the level of risk, if any, posed to 

21 commercial aviation if a flight deck door is opened 

22 while a commercial passenger aircraft is in flight; 

23 (3) identifies methods, including (if appro24 priate) secondary cockpit barriers, to mitigate risks 

25 to cockpits on commercial passenger aircraft, if any 


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1 risks are identified under paragraphs (1) and (2); 

2 and 

3 (4) recommends safety and airworthiness stand4 ards, as appropriate, for any mitigation method 

5 identified under paragraph (3). 

6 (b) REPORT.—Not later than 60 days after the date 

7 of completing the assessment, the Administrator of the 

8 Federal Aviation Administration shall submit to the Com9 mittee on Transportation and Infrastructure of the House 

10 of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report on the 

12 assessment, including any findings and recommendations. 

13 SEC. 411. COCKPIT AUTOMATION MANAGEMENT. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Administrator of the Federal Aviation Ad16 ministration shall— 

17 (1) develop a process to verify that air carrier 

18 training programs incorporate measures to train pi19 lots on— 

20 (A) monitoring automation systems; and 

21 (B) controlling the flightpath of aircraft 

22 without autopilot or autoflight systems engaged; 

23 (2) develop metrics or measurable tasks that air 

24 carriers can use to evaluate pilot monitoring pro25 ficiency; 


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1 (3) issue guidance to aviation safety inspectors 

2 responsible for oversight of the operations of air car3 riers on tracking and assessing pilots’ proficiency in 

4 manual flight; and 

5 (4) issue guidance to air carriers and inspectors 

6 regarding standards for compliance with the require7 ments for enhanced pilot training contained in the 

8 final rule published in the Federal Register on No9 vember 12, 2013 (78 Fed. Reg. 67800). 

10 SEC. 412. HEADS-UP DISPLAYS. 

11 (a) IN GENERAL.—Not later than 6 months after the 

12 date of enactment of this Act, the Administrator of the 

13 Federal Aviation Administration shall initiate a review of 

14 heads-up display systems (in this section referred to as 

15 ‘‘HUD systems’’). 

16 (b) CONTENTS.—The review shall— 

17 (1) evaluate the impacts of single- and dual-in18 stalled HUD systems on the safety and efficiency of 

19 aircraft operations within the national airspace sys20 tem; and 

21 (2) review a sufficient quantity of commercial 

22 aviation accidents or incidents in order to evaluate 

23 if HUD systems would have produced a better out24 come in that accident or incident. 


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1 (c) CONSULTATION.—In conducting the review, the 

2 Administrator shall consult with aviation manufacturers, 

3 representatives of pilot groups, aviation safety organiza4 tions, and any government agencies the Administrator 

5 considers appropriate. 

6 (d) REPORT.—Not later than 1 year after the date 

7 of enactment of this Act, the Administrator shall submit 

8 to the Committee on Transportation and Infrastructure 

9 of the House of Representatives and the Committee on 

10 Commerce, Science, and Transportation of the Senate a 

11 report containing the results of the review, the actions the 

12 Administrator plans to take with respect to the systems 

13 reviewed, and the associated timeline for such actions. 

14 SEC. 413. HIMS PROGRAM. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Administrator of the Federal Aviation Ad17 ministration shall conduct a human intervention motiva18 tion study (HIMS) program for flight crewmembers em19 ployed by commercial air carriers operating in United 

20 States airspace. 

21 SEC. 414. ACCEPTANCE OF VOLUNTARILY PROVIDED SAFE22 TY INFORMATION. 

23 (a) IN GENERAL.—There shall be a presumption that 

24 an individual’s voluntary disclosure of an operational or 

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1 tion safety action program meets the criteria for accept2 ance as a valid disclosure under such program. 

3 (b) DISCLAIMER REQUIRED.—Any dissemination of 

4 a disclosure that was submitted and accepted under an 

5 aviation safety action program pursuant to the presump6 tion under subsection (a), but that has not undergone re7 view by an event review committee, shall be accompanied 

8 by a disclaimer stating that the disclosure— 

9 (1) has not been reviewed by an event review 

10 committee tasked with reviewing such disclosures; 

11 and 

12 (2) may subsequently be determined to be ineli13 gible for inclusion in the aviation safety action pro14 gram. 

15 (c) REJECTION OF DISCLOSURE.—A disclosure de16 scribed under subsection (a) shall be rejected from an 

17 aviation safety action program if, after a review of the dis18 closure, an event review committee tasked with reviewing 

19 such disclosures determines that the disclosure fails to 

20 meet the criteria for acceptance under such program. 

21 (d) AVIATION SAFETY ACTION PROGRAM DE22 FINED.—In this section, the term ‘‘aviation safety action 

23 program’’ means a program established in accordance with 

24 Federal Aviation Administration Advisory Circular 120– 

25 66B, issued November 15, 2002 (including any similar 


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1 successor advisory circular), to allow an individual to vol2 untarily disclose operational or maintenance issues related 

3 to aviation safety. 

4 SEC. 415. MARKING OF TOWERS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration shall issue regulations for 

8 the marking of covered towers. 

9 (b) MARKINGS REQUIRED.—The regulations issued 

10 under subsection (a) shall ensure that covered towers are 

11 marked in a manner that is uniform, makes the covered 

12 towers easily visible, and is consistent with applicable 

13 guidance of the Administration. 

14 (c) APPLICATION.—The regulations issued under 

15 subsection (a) shall ensure that— 

16 (1) all covered towers constructed on or after 

17 the date on which such regulations take effect are 

18 marked in accordance with subsection (b); and 

19 (2) a covered tower constructed before the date 

20 on which such regulations take effect is marked in 

21 accordance with subsection (b) not later than 1 year 

22 after such effective date. 

23 (d) COVERED TOWER DEFINED.— 

24 (1) IN GENERAL.—In this section, the term 

25 ‘‘covered tower’’ means a structure that— 


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1 (A) is self-standing or supported by guy 

2 wires and ground anchors; 

3 (B) is 6 feet or less in diameter at the 

4 base; 

5 (C) at the highest point of the structure, 

6 is at least 50 feet above ground level; 

7 (D) at the highest point of the structure, 

8 is not more than 200 feet above ground level; 

9 (E) has accessory facilities on which an an10 tenna, sensor, camera, meteorological instru11 ment, or other equipment is mounted; and 

12 (F) is located— 

13 (i) outside the boundaries of an incor14 porated city or town; or 

15 (ii) on land that is— 

16 (I) underdeveloped; or 

17 (II) used for agriculture pur18 poses. 

19 (2) EXCLUSIONS.—The term ‘‘covered tower’’ 

20 does not include any structure that— 

21 (A) is adjacent to a house, barn, electric 

22 utility substation, or any other building; 

23 (B) is in the curtilage of a farmstead; 

24 (C) supports electric utility transmission or 

25 distribution lines; 


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1 (D) is a wind-powered electrical generator 

2 with a rotor blade radius that exceeds 6 feet; or 

3 (E) is a street light erected or maintained 

4 by a Federal, State, or local transportation en5 tity. 

6 (e) COVERED TOWER DATABASE.—The Adminis7 trator shall— 

8 (1) develop a publicly available database that 

9 contains the location and height of covered towers; 

10 (2) keep the database current to the extent 

11 practicable; and 

12 (3) ensure that proprietary information in the 

13 database is protected. 

14 SEC. 416. CABIN EVACUATION. 

15 (a) REVIEW.—The Administrator of the Federal 

16 Aviation Administration shall review— 

17 (1) evacuation certification of transport-cat18 egory aircraft used in air transportation, with regard 

19 to— 

20 (A) emergency conditions, including im21 pacts into water; 

22 (B) crew procedures used for evacuations 

23 under actual emergency conditions; and 

24 (C) any relevant changes to passenger de25 mographics and legal requirements (including 


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1 the Americans with Disabilities Act of 1990) 

2 that affect emergency evacuations; and 

3 (2) recent accidents and incidents where pas4 sengers evacuated such aircraft. 

5 (b) CONSULTATION; REVIEW OF DATA.—In con6 ducting the review, the Administrator shall— 

7 (1) consult with the National Transportation 

8 Safety Board, transport-category aircraft manufac9 turers, air carriers, and other relevant experts and 

10 Federal agencies, including groups representing pas11 sengers, airline crewmembers, maintenance employ12 ees, and emergency responders; and 

13 (2) review relevant data with respect to evacu14 ation certification of transport-category aircraft. 

15 (c) REPORT TO CONGRESS.—Not later than 1 year 

16 after the date of enactment of this Act, the Administrator 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate a report on the results of the review and related 

21 recommendations, if any, including any recommendations 

22 for revisions to the assumptions and methods used for as23 sessing evacuation certification of transport-category air24 craft. 


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1 SEC. 417. MEDICAL CERTIFICATION OF CERTAIN SMALL 

2 AIRCRAFT PILOTS. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Administrator of the 

5 Federal Aviation Administration shall issue or revise med6 ical certificate regulations to ensure that an individual 

7 may operate as pilot in command of a covered aircraft 

8 without regard to any medical certificate or proof of health 

9 requirement otherwise applicable under Federal law if— 

10 (1) the individual possesses a valid driver’s li11 cense issued by a State, the District of Columbia, or 

12 a territory or possession of the United States and 

13 complies with any medical requirement associated 

14 with that license; 

15 (2) the individual is transporting not more than 

16 5 passengers; 

17 (3) the individual is operating under visual 

18 flight rules or instrument flight rules; 

19 (4) the relevant flight, including each portion 

20 thereof, is not carried out— 

21 (A) for compensation or hire, including 

22 that no passenger or property on the flight is 

23 being carried for compensation; 

24 (B) at an altitude that is more than 

25 14,000 feet above mean sea level; 


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1 (C) outside the United States, unless au2 thorized by the country in which the flight is 

3 conducted; or 

4 (D) at an indicated air speed exceeding 

5 250 knots; and 

6 (5) the individual has completed a medical edu7 cation course in accordance with subsection (b). 

8 (b) MEDICAL EDUCATION COURSE.— 

9 (1) IN GENERAL.—To meet the requirement of 

10 subsection (a)(5), an individual shall complete (and 

11 demonstrate proof of completion of) a medical edu12 cation course during the 2-year period ending on the 

13 date on which the individual operates as pilot in 

14 command of a covered aircraft. 

15 (2) REQUIREMENTS.—The medical education 

16 course shall— 

17 (A) be established and periodically updated 

18 by the Administrator in coordination with rep19 resentatives of relevant not-for-profit general 

20 aviation stakeholder groups; 

21 (B) be available on the Internet free of 

22 charge; 

23 (C) educate pilots on conducting medical 

24 self-assessments; 


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1 (D) advise pilots on identifying warning 

2 signs of potential serious medical conditions; 

3 (E) identify risk mitigation strategies for 

4 medical conditions; 

5 (F) increase awareness of the impacts of 

6 potentially impairing over-the-counter and pre7 scription drug medications; 

8 (G) encourage regular medical exams and 

9 consultations with primary care physicians; 

10 (H) inform pilots of the regulations per11 taining to the prohibition on operations during 

12 medical deficiency; and 

13 (I) include a signature page, that shall be 

14 transmitted to the Administrator, for the indi15 vidual to certify that the individual has com16 pleted all necessary educational medical 

17 coursework. 

18 (3) EXCEPTIONS.—The requirement of sub19 section (a)(5) shall not apply to an individual who 

20 exercises sport pilot privileges or acts as the pilot in 

21 command of a glider or balloon. 

22 (c) COVERED AIRCRAFT DEFINED.—In this section, 

23 the term ‘‘covered aircraft’’ means an aircraft that— 

24 (1) is not authorized under Federal law to carry 

25 more than 6 occupants; and 


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1 (2) has a maximum certificated takeoff weight 

2 of not more than 6,000 pounds. 

3 (d) REPORT.—Not later than 5 years after the date 

4 of enactment of this Act, the Administrator shall submit 

5 to Congress a report that describes the effect of the regu6 lations issued or revised under subsection (a) and includes 

7 statistics with respect to changes in small aircraft activity 

8 and safety incidents. 

9 (e) PROHIBITION ON ENFORCEMENT ACTIONS.—On 

10 and after the date that is 180 days after the date of enact11 ment of this Act, the Administrator may not take an en12 forcement action for not holding a valid third-class med13 ical certificate against a pilot of a covered aircraft for a 

14 flight if the pilot and the flight meet the requirements 

15 under paragraphs (1) through (4) of subsection (a) unless 

16 the Administrator has published final regulations in the 

17 Federal Register under subsection (a). 

18 SEC. 418. ODA STAFFING AND OVERSIGHT. 

19 (a) REPORT TO CONGRESS.—Not later than May 31, 

20 2017, the Administrator of the Federal Aviation Adminis21 tration shall report to the Committee on Transportation 

22 and Infrastructure of the House of Representatives and 

23 the Committee on Commerce, Science, and Transportation 

24 of the Senate on the Administration’s progress with re25 spect to— 


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1 (1) determining what additional model inputs 

2 and labor distribution codes are needed to identify 

3 ODA oversight staffing needs; 

4 (2) developing and implementing system-based 

5 evaluation criteria and risk-based tools to aid ODA 

6 team members in targeting their oversight activities; 

7 and 

8 (3) developing agreements and processes for 

9 sharing resources to ensure adequate oversight of 

10 ODA personnel performing certification and inspec11 tion work at supplier and company facilities. 

12 (b) ODA DEFINED.—In this section, the term 

13 ‘‘ODA’’ has the meaning given that term in section 44736 

14 of title 49, United States Code, as added by this Act. 

15 Subtitle B—Unmanned Aircraft 

16 Systems 

17 SEC. 431. DEFINITIONS. 

18 Except as otherwise provided, the definitions con19 tained in section 45501 of title 49, United States Code 

20 (as added by this Act), shall apply to this subtitle. 

21 SEC. 432. CODIFICATION OF EXISTING LAW; ADDITIONAL 

22 PROVISIONS. 

23 (a) IN GENERAL.—Subtitle VII of title 49, United 

24 States Code, is amended by inserting after chapter 453 

25 the following: 


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1 ‘‘CHAPTER 455—UNMANNED AIRCRAFT 

2 SYSTEMS 

‘‘Sec. 

‘‘45501. Definitions. 

‘‘45502. Integration of civil unmanned aircraft systems into national airspace 

system. 

‘‘45503. Risk-based permitting of unmanned aircraft systems. 

‘‘45504. Public unmanned aircraft systems. 

‘‘45505. Special rules for certain unmanned aircraft systems. 

‘‘45506. Operation of small unmanned aircraft. 

‘‘45507. Special rules for model aircraft. 

‘‘45508. Safety information for operation of covered unmanned aircraft. 

3 ‘‘§ 45501. Definitions 

4 ‘‘In this chapter, the following definitions apply: 

5 ‘‘(1) AERIAL DATA COLLECTION.—The term 

6 ‘aerial data collection’ means the gathering of data 

7 by a device aboard an unmanned aircraft during 

8 flight, including imagery, sensing, and measurement 

9 by such device. 

10 ‘‘(2) ARCTIC.—The term ‘Arctic’ means the 

11 United States zone of the Chukchi Sea, Beaufort 

12 Sea, and Bering Sea north of the Aleutian chain. 

13 ‘‘(3) CERTIFICATE OF WAIVER; CERTIFICATE

14 OF AUTHORIZATION.—The terms ‘certificate of waiv15 er’ and ‘certificate of authorization’ mean a Federal 

16 Aviation Administration grant of approval for a spe17 cific flight operation. 

18 ‘‘(4) MODEL AIRCRAFT.—the term ‘model air19 craft’ means an unmanned aircraft that is— 


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1 ‘‘(A) capable of sustained flight in the at2 mosphere; 

3 ‘‘(B) flown within visual line of sight of the 

4 person operating the aircraft; and 

5 ‘‘(C) flown for hobby or recreational pur6 poses. 

7 ‘‘(5) PERMANENT AREAS.—The term ‘perma8 nent areas’ means areas on land or water that pro9 vide for launch, recovery, and operation of small un10 manned aircraft. 

11 ‘‘(6) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 

12 The term ‘public unmanned aircraft system’ means 

13 an unmanned aircraft system that meets the quali14 fications and conditions required for operation of a 

15 public aircraft (as defined in section 40102(a)). 

16 ‘‘(7) SENSE-AND-AVOID CAPABILITY.—The term 

17 ‘sense-and-avoid capability’ means the capability of 

18 an unmanned aircraft to remain a safe distance 

19 from and to avoid collisions with other airborne air20 craft. 

21 ‘‘(8) SMALL UNMANNED AIRCRAFT.—The term 

22 ‘small unmanned aircraft’ means an unmanned air23 craft weighing less than 55 pounds, including every24 thing that is on board the aircraft. 


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1 ‘‘(9) UNMANNED AIRCRAFT.—The term ‘un2 manned aircraft’ means an aircraft that is operated 

3 without the possibility of direct human intervention 

4 from within or on the aircraft. 

5 ‘‘(10) UNMANNED AIRCRAFT SYSTEM.—The 

6 term ‘unmanned aircraft system’ means an un7 manned aircraft and associated elements (including 

8 communication links and the components that con9 trol the unmanned aircraft) that are required for the 

10 pilot in command to operate safely and efficiently in 

11 the national airspace system. 

12 ‘‘§ 45502. Integration of civil unmanned aircraft sys13 tems into national airspace system 

14 ‘‘(a) REQUIRED PLANNING FOR INTEGRATION.— 

15 ‘‘(1) COMPREHENSIVE PLAN.—Not later than 

16 November 10, 2012, the Secretary of Transpor17 tation, in consultation with representatives of the 

18 aviation industry, Federal agencies that employ un19 manned aircraft systems technology in the national 

20 airspace system, and the unmanned aircraft systems 

21 industry, shall develop a comprehensive plan to safe22 ly accelerate the integration of civil unmanned air23 craft systems into the national airspace system. 


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1 ‘‘(2) CONTENTS OF PLAN.—The plan required 

2 under paragraph (1) shall contain, at a minimum, 

3 recommendations or projections on— 

4 ‘‘(A) the rulemaking to be conducted under 

5 subsection (b), with specific recommendations 

6 on how the rulemaking will— 

7 ‘‘(i) define the acceptable standards 

8 for operation and certification of civil un9 manned aircraft systems; 

10 ‘‘(ii) ensure that any civil unmanned 

11 aircraft system includes a sense-and-avoid 

12 capability; and 

13 ‘‘(iii) establish standards and require14 ments for the operator and pilot of a civil 

15 unmanned aircraft system, including 

16 standards and requirements for registra17 tion and licensing; 

18 ‘‘(B) the best methods to enhance the tech19 nologies and subsystems necessary to achieve 

20 the safe and routine operation of civil un21 manned aircraft systems in the national air22 space system; 

23 ‘‘(C) a phased-in approach to the integra24 tion of civil unmanned aircraft systems into the 

25 national airspace system; 


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1 ‘‘(D) a timeline for the phased-in approach 

2 described under subparagraph (C); 

3 ‘‘(E) creation of a safe airspace designa4 tion for cooperative manned and unmanned 

5 flight operations in the national airspace sys6 tem; 

7 ‘‘(F) establishment of a process to develop 

8 certification, flight standards, and air traffic re9 quirements for civil unmanned aircraft systems 

10 at test ranges where such systems are subject 

11 to testing; 

12 ‘‘(G) the best methods to ensure the safe 

13 operation of civil unmanned aircraft systems 

14 and public unmanned aircraft systems simulta15 neously in the national airspace system; and 

16 ‘‘(H) incorporation of the plan into the an17 nual NextGen Implementation Plan document 

18 (or any successor document) of the Federal 

19 Aviation Administration. 

20 ‘‘(3) DEADLINE.—The plan required under 

21 paragraph (1) shall provide for the safe integration 

22 of civil unmanned aircraft systems into the national 

23 airspace system as soon as practicable, but not later 

24 than September 30, 2015. 


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1 ‘‘(4) REPORT TO CONGRESS.—Not later than 

2 February 14, 2013, the Secretary shall submit to 

3 Congress a copy of the plan required under para4 graph (1). 

5 ‘‘(5) ROADMAP.—Not later than February 14, 

6 2013, the Secretary shall approve and make avail7 able in print and on the Administration’s Internet 

8 Web site a 5-year roadmap for the introduction of 

9 civil unmanned aircraft systems into the national 

10 airspace system, as coordinated by the Unmanned 

11 Aircraft Program Office of the Administration. The 

12 Secretary shall update the roadmap annually. 

13 ‘‘(b) RULEMAKING.—Not later than 18 months after 

14 the date on which the plan required under subsection 

15 (a)(1) is submitted to Congress under subsection (a)(4), 

16 the Secretary shall publish in the Federal Register— 

17 ‘‘(1) a final rule on small unmanned aircraft 

18 systems that will allow for civil operation of such 

19 systems in the national airspace system, to the ex20 tent the systems do not meet the requirements for 

21 expedited operational authorization under section 

22 45506; 

23 ‘‘(2) a notice of proposed rulemaking to imple24 ment the recommendations of the plan required 

25 under subsection (a)(1), with the final rule to be 


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1 published not later than 16 months after the date of 

2 publication of the notice; and 

3 ‘‘(3) an update to the Administration’s most re4 cent policy statement on unmanned aircraft systems, 

5 contained in Docket No. FAA–2006–25714. 

6 ‘‘(c) EXPANDING USE OF UNMANNED AIRCRAFT

7 SYSTEMS IN ARCTIC.— 

8 ‘‘(1) IN GENERAL.—Not later than August 12, 

9 2012, the Secretary shall develop a plan and initiate 

10 a process to work with relevant Federal agencies and 

11 national and international communities to designate 

12 permanent areas in the Arctic where small un13 manned aircraft may operate 24 hours per day for 

14 research and commercial purposes. The plan for op15 erations in these permanent areas shall include the 

16 development of processes to facilitate the safe oper17 ation of unmanned aircraft beyond line of sight. 

18 Such areas shall enable over-water flights from the 

19 surface to at least 2,000 feet in altitude, with in20 gress and egress routes from selected coastal launch 

21 sites. 

22 ‘‘(2) AGREEMENTS.—To implement the plan 

23 under paragraph (1), the Secretary may enter into 

24 an agreement with relevant national and inter25 national communities. 


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1 ‘‘(3) AIRCRAFT APPROVAL.—Not later than 1 

2 year after the entry into force of an agreement nec3 essary to effectuate the purposes of this subsection, 

4 the Secretary shall work with relevant national and 

5 international communities to establish and imple6 ment a process, or may apply an applicable process 

7 already established, for approving the use of un8 manned aircraft in the designated permanent areas 

9 in the Arctic without regard to whether an un10 manned aircraft is used as a public aircraft, a civil 

11 aircraft, or a model aircraft. 

12 ‘‘§ 45503. Risk-based permitting of unmanned aircraft 

13 systems 

14 ‘‘(a) IN GENERAL.—Not later than 120 days after 

15 the date of enactment of this section, the Administrator 

16 of the Federal Aviation Administration shall establish pro17 cedures for issuing permits under this section with respect 

18 to certain unmanned aircraft systems and operations 

19 thereof. 

20 ‘‘(b) PERMITTING STANDARDS.—Upon the submis21 sion of an application in accordance with subsection (d), 

22 the Administrator shall issue a permit with respect to the 

23 proposed operation of an unmanned aircraft system if the 

24 Administrator determines that— 


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1 ‘‘(1) the unmanned aircraft system and the pro2 posed operation achieve a level of safety that is 

3 equivalent to— 

4 ‘‘(A) other unmanned aircraft systems and 

5 operations permitted under regulation, exemp6 tion, or other authority granted by the Adminis7 trator; or 

8 ‘‘(B) any other aircraft operation approved 

9 by the Administrator with similar risk charac10 teristics or profiles; and 

11 ‘‘(2) the applicant for the permit has adequate 

12 liability insurance based on the criteria specified in 

13 subsection (c). 

14 ‘‘(c) SAFETY CRITERIA FOR CONSIDERATION.—In 

15 determining whether a proposed operation meets the 

16 standards described in subsection (b), the Administrator 

17 shall consider the following safety criteria: 

18 ‘‘(1) The kinetic energy of the unmanned air19 craft system. 

20 ‘‘(2) The location of the proposed operation, in21 cluding the proximity to— 

22 ‘‘(A) structures; 

23 ‘‘(B) congested areas; 

24 ‘‘(C) special-use airspace; and 

25 ‘‘(D) persons on the ground. 


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1 ‘‘(3) The nature of the operation, including any 

2 proposed risk mitigation. 

3 ‘‘(4) Any known hazard of the proposed oper4 ation and the severity and likelihood of such hazard. 

5 ‘‘(5) Any known failure modes of the unmanned 

6 aircraft system, failure mode effects and criticality, 

7 and any mitigating features or capabilities. 

8 ‘‘(6) The operational history of relevant tech9 nologies, if available. 

10 ‘‘(7) Any history of civil penalties or certificate 

11 actions by the Administrator against the applicant 

12 seeking the permit. 

13 ‘‘(8) Any other safety criteria the Administrator 

14 considers appropriate. 

15 ‘‘(d) APPLICATION.—An application under this sec16 tion shall include evidence that the unmanned aircraft sys17 tem and the proposed operation thereof meet the stand18 ards described in subsection (b) based on the criteria de19 scribed in subsection (c). 

20 ‘‘(e) SCOPE OF PERMIT.—A permit issued under this 

21 section shall— 

22 ‘‘(1) be valid for 5 years; 

23 ‘‘(2) constitute approval of both the airworthi24 ness of the unmanned aircraft system and the pro25 posed operation of such system; 


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1 ‘‘(3) be renewable for additional 5-year periods; 

2 and 

3 ‘‘(4) contain any terms necessary to ensure 

4 aviation safety. 

5 ‘‘(f) NOTICE.—Not later than 120 days after the Ad6 ministrator receives a complete application under sub7 section (d), the Administrator shall provide the applicant 

8 written notice of a decision to approve, disapprove, or re9 quest a modification of the application. 

10 ‘‘(g) PERMITTING PROCESS.—The Administrator 

11 shall issue a permit under this section without regard to 

12 subsections (b) through (d) of section 553 of title 5 and 

13 chapter 35 of title 44 if the Administrator determines that 

14 the operation permitted will not occur near a congested 

15 area. 

16 ‘‘(h) EXEMPTION FROM CERTAIN REQUIREMENTS.— 

17 To the extent consistent with aviation safety, the Adminis18 trator may exempt applicants under this section from 

19 paragraphs (1) through (3) of section 44711(a). 

20 ‘‘(i) WITHDRAWAL.—The Administrator may, at any 

21 time, modify or withdraw a permit issued under this sec22 tion. 

23 ‘‘(j) APPLICABILITY.—This section shall not apply to 

24 small unmanned aircraft systems and operations ad25 dressed by the proposed rule on small unmanned aircraft 


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1 systems issued pursuant to section 45502(b)(1) or any 

2 final rule based on such proposed rule. 

3 ‘‘(k) EXPEDITED REVIEW.—The Administrator shall 

4 review and act upon applications under this section on an 

5 expedited basis for unmanned aircraft systems and oper6 ations thereof to be used primarily in, or primarily in di7 rect support of, emergency preparedness, response, or dis8 aster recovery. 

9 ‘‘§ 45504. Public unmanned aircraft systems 

10 ‘‘(a) GUIDANCE.—Not later than November 10, 

11 2012, the Secretary of Transportation shall issue guidance 

12 regarding the operation of public unmanned aircraft sys13 tems to— 

14 ‘‘(1) expedite the issuance of a certificate of au15 thorization process; 

16 ‘‘(2) provide for a collaborative process with 

17 public agencies to allow for an incremental expan18 sion of access to the national airspace system as 

19 technology matures and the necessary safety anal20 ysis and data become available, and until standards 

21 are completed and technology issues are resolved; 

22 ‘‘(3) facilitate the capability of public agencies 

23 to develop and use test ranges, subject to operating 

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1 istration, to test and operate unmanned aircraft sys2 tems; and 

3 ‘‘(4) provide guidance on a public entity’s re4 sponsibility when operating an unmanned aircraft 

5 without a civil airworthiness certificate issued by the 

6 Administration. 

7 ‘‘(b) STANDARDS FOR OPERATION AND CERTIFI8 CATION.—Not later than December 31, 2015, the Admin9 istrator shall develop and implement operational and cer10 tification requirements for the operation of public un11 manned aircraft systems in the national airspace system. 

12 ‘‘(c) AGREEMENTS WITH GOVERNMENT AGEN13 CIES.— 

14 ‘‘(1) IN GENERAL.—Not later than May 14, 

15 2012, the Secretary shall enter into agreements with 

16 appropriate government agencies to simplify the 

17 process for issuing certificates of waiver or author18 ization with respect to applications seeking author19 ization to operate public unmanned aircraft systems 

20 in the national airspace system. 

21 ‘‘(2) CONTENTS.—The agreements shall— 

22 ‘‘(A) with respect to an application de23 scribed in paragraph (1)— 

24 ‘‘(i) provide for an expedited review of 

25 the application; 


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1 ‘‘(ii) require a decision by the Admin2 istrator on approval or disapproval within 

3 60 business days of the date of submission 

4 of the application; and 

5 ‘‘(iii) allow for an expedited appeal if 

6 the application is disapproved; 

7 ‘‘(B) allow for a one-time approval of simi8 lar operations carried out during a fixed period 

9 of time; and 

10 ‘‘(C) allow a government public safety 

11 agency to operate unmanned aircraft weighing 

12 4.4 pounds or less, if operated— 

13 ‘‘(i) within the line of sight of the op14 erator; 

15 ‘‘(ii) less than 400 feet above the 

16 ground; 

17 ‘‘(iii) during daylight conditions; 

18 ‘‘(iv) within Class G airspace; and 

19 ‘‘(v) outside of 5 statute miles from 

20 any airport, heliport, seaplane base, space21 port, or other location with aviation activi22 ties. 


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1 ‘‘§ 45505. Special rules for certain unmanned aircraft 

2 systems 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other re4 quirement of this subtitle, and not later than August 12, 

5 2012, the Secretary of Transportation shall determine if 

6 certain unmanned aircraft systems may operate safely in 

7 the national airspace system before completion of the plan 

8 and rulemaking required by section 45502 or the guidance 

9 required under section 45504. 

10 ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT SYS11 TEMS.—In making the determination under subsection 

12 (a), the Secretary shall determine, at a minimum— 

13 ‘‘(1) which types of unmanned aircraft systems, 

14 if any, as a result of their size, weight, speed, oper15 ational capability, proximity to airports and popu16 lated areas, and operation within visual line of sight 

17 do not create a hazard to users of the national air18 space system or the public or pose a threat to na19 tional security; and 

20 ‘‘(2) whether a certificate of waiver, certificate 

21 of authorization, or airworthiness certification under 

22 section 44704 is required for the operation of un23 manned aircraft systems identified under paragraph 

24 (1). 

25 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

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1 manned aircraft systems may operate safely in the na2 tional airspace system, the Secretary shall establish re3 quirements for the safe operation of such aircraft systems 

4 in the national airspace system. 

5 ‘‘§ 45506. Operation of small unmanned aircraft 

6 ‘‘(a) EXEMPTION AND CERTIFICATE OF WAIVER OR

7 AUTHORIZATION FOR CERTAIN OPERATIONS.—Not later 

8 than 270 days after the date of enactment of this section, 

9 the Administrator of the Federal Aviation Administration 

10 shall establish a procedure for granting an exemption and 

11 issuing a certificate of waiver or authorization for the op12 eration of a small unmanned aircraft system in United 

13 States airspace for the purposes described in section 

14 45501(1). 

15 ‘‘(b) OPERATION OF EXEMPTION AND CERTIFICATE

16 OF WAIVER OR AUTHORIZATION.— 

17 ‘‘(1) EXEMPTION.—An exemption granted 

18 under this section shall— 

19 ‘‘(A) exempt the operator of a small un20 manned aircraft from the provisions of title 14, 

21 Code of Federal Regulations, that are exempted 

22 in Exemption No. 11687, issued on May 26, 

23 2015, Regulatory Docket Number FAA–2015– 

24 0117, or in a subsequent exemption; and 


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1 ‘‘(B) contain conditions and limitations de2 scribed in paragraphs 3 through 31 of such Ex3 emption No. 11687, or conditions and limita4 tions of a subsequent exemption. 

5 ‘‘(2) CERTIFICATE OF WAIVER OR AUTHORIZA6 TION.—A certificate of waiver or authorization 

7 issued under this section shall allow the operation of 

8 small unmanned aircraft according to— 

9 ‘‘(A) the standard provisions and air traf10 fic control special provisions of the certificate of 

11 waiver or authorization FAA Form 7711–1 (7– 

12 74); or 

13 ‘‘(B) the standard and special provisions of 

14 a subsequent certificate of waiver or authoriza15 tion. 

16 ‘‘(c) NOTICE TO ADMINISTRATOR.—Before operating 

17 a small unmanned aircraft pursuant to a certificate of 

18 waiver or authorization granted under this section, the op19 erator shall provide written notice to the Administrator, 

20 in a form and manner specified by the Administrator, that 

21 contains such information and assurances as the Adminis22 trator determines necessary in the interest of aviation 

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1 stands, and will comply with all terms, conditions, and lim2 itations of the certificate of waiver or authorization. 

3 ‘‘(d) WAIVER OF AIRWORTHINESS CERTIFICATE.— 

4 Notwithstanding section 44711(a)(1), the holder of a cer5 tificate of waiver or authorization granted under this sec6 tion may operate a small unmanned aircraft under the 

7 terms, conditions, and limitations of such certificate with8 out an airworthiness certificate. 

9 ‘‘(e) PROCEDURE.—The granting of an exemption or 

10 the issuance of a certificate of waiver or authorization, or 

11 any other action authorized by this section, shall be made 

12 without regard to— 

13 ‘‘(1) section 553 of title 5; or 

14 ‘‘(2) chapter 35 of title 44. 

15 ‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this 

16 section may be construed to— 

17 ‘‘(1) affect the issuance of a rule by or any 

18 other activity of the Secretary of Transportation or 

19 the Administrator under any other provision of law; 

20 or 

21 ‘‘(2) invalidate an exemption or certificate of 

22 waiver or authorization issued by the Administrator 

23 before the date of enactment of this section. 

24 ‘‘(g) EFFECTIVE PERIODS.—An exemption or certifi25 cate of waiver or authorization issued under this section, 


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1 or an amendment of such exemption or certificate, shall 

2 cease to be valid on the effective date of a final rule on 

3 small unmanned aircraft systems issued under section 

4 45502(b)(1). 

5 ‘‘(h) APPLICABILITY.— 

6 ‘‘(1) DEFAULT.—The requirements of this sec7 tion shall apply beginning on the date that is 270 

8 days after the date of enactment of this Act unless 

9 the Administrator issues, before such date, a final 

10 rule based on the notice of proposed rulemaking 

11 issued on February 23, 2015, entitled ‘Operation 

12 and Certification of Small Unmanned Aircraft Sys13 tems’ (80 Fed. Reg. 9543). 

14 ‘‘(2) EXPIRATION.—The requirements of this 

15 section shall not be effective beginning on the date 

16 on which the Administrator issues a final rule based 

17 on the notice of proposed rulemaking issued on Feb18 ruary 23, 2015, entitled ‘Operation and Certification 

19 of Small Unmanned Aircraft Systems’ (80 Fed. Reg. 

20 9543). 

21 ‘‘§ 45507. Special rules for model aircraft 

22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro23 vision of law relating to the incorporation of unmanned 

24 aircraft systems into Federal Aviation Administration 

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1 trator of the Federal Aviation Administration may not 

2 promulgate any rule or regulation regarding a model air3 craft, or an aircraft being developed as a model aircraft, 

4 if— 

5 ‘‘(1) the aircraft is flown strictly for hobby or 

6 recreational use; 

7 ‘‘(2) the aircraft is operated in accordance with 

8 a community-based set of safety guidelines and with9 in the programming of a community-based organiza10 tion; 

11 ‘‘(3) the aircraft is limited to not more than 55 

12 pounds unless otherwise certified through a design, 

13 construction, inspection, flight test, and operational 

14 safety program administered by a community-based 

15 organization; 

16 ‘‘(4) the aircraft is operated in a manner that 

17 does not interfere with and gives way to any manned 

18 aircraft; and 

19 ‘‘(5) when flown within 5 miles of an airport, 

20 the operator of the aircraft provides the airport op21 erator and the airport air traffic control tower (when 

22 an air traffic facility is located at the airport) with 

23 prior notice of the operation (model aircraft opera24 tors flying from a permanent location within 5 miles 

25 of an airport should establish a mutually agreed 


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1 upon operating procedure with the airport operator 

2 and the airport air traffic control tower (when an air 

3 traffic facility is located at the airport)). 

4 ‘‘(b) COMMERCIAL OPERATION FOR INSTRUCTIONAL

5 OR EDUCATIONAL PURPOSES.—A flight of an unmanned 

6 aircraft shall be treated as a flight of a model aircraft 

7 for purposes of subsection (a) (regardless of any com8 pensation, reimbursement, or other consideration ex9 changed or incidental economic benefit gained in the 

10 course of planning, operating, or supervising the flight), 

11 if the flight is— 

12 ‘‘(1) conducted for instructional or educational 

13 purposes; and 

14 ‘‘(2) operated or supervised by an eligible not15 for-profit organization. 

16 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 

17 section may be construed to limit the authority of the Ad18 ministrator to pursue enforcement action against persons 

19 operating model aircraft who endanger the safety of the 

20 national airspace system. 

21 ‘‘(d) ELIGIBLE NOT-FOR-PROFIT ORGANIZATION

22 DEFINED.—In this section, the term ‘eligible not-for-prof23 it organization’ means an entity that— 

24 ‘‘(1) is described in section 501(c)(3) of the In25 ternal Revenue Code of 1986; 


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1 ‘‘(2) is exempt from tax under section 501(a) of 

2 the Internal Revenue Code of 1986; 

3 ‘‘(3) the mission of which is demonstrably the 

4 furtherance of model aviation; 

5 ‘‘(4) provides a comprehensive set of safety 

6 guidelines for all aspects of model aviation address7 ing the assembly and operation of model aircraft and 

8 that emphasize safe aeromodeling operations within 

9 the national airspace system and the protection and 

10 safety of individuals and property on the ground; 

11 ‘‘(5) provides programming and support for any 

12 local charter organizations, affiliates, or clubs; and 

13 ‘‘(6) provides assistance and support in the de14 velopment and operation of locally designated model 

15 aircraft flying sites. 

16 ‘‘§ 45508. Safety information for operation of covered 

17 unmanned aircraft 

18 ‘‘Beginning not later than 120 days after the date 

19 of enactment of this section, the Administrator of the Fed20 eral Aviation Administration shall make available to the 

21 public, through electronic or other suitable means, infor22 mation developed jointly by the Federal Aviation Adminis23 tration and appropriate non-governmental organizations 

24 relating to the safe operation of unmanned aircraft in 

25 United States airspace that includes— 


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1 ‘‘(1) notice of the existence of airspace bound2 aries, designated navigational routes, and navigable 

3 airspace; 

4 ‘‘(2) the requirements for entry into and oper5 ation within class A, B, C, D, and E airspace, as de6 fined in subparts A through E of part 71 of title 14, 

7 Code of Federal Regulations (or any successor provi8 sions); 

9 ‘‘(3) notice of the existence and a description of 

10 Federal aviation regulations applicable to the flight 

11 of unmanned aircraft, including regulations prohib12 iting careless and reckless operation and operation 

13 of unairworthy aircraft in part 91 of such title (or 

14 any successor provisions); 

15 ‘‘(4) notice of sources of aeronautical informa16 tion and applicable regulations, including publicly 

17 available resources for determining the locations of 

18 airports, designated navigational routes, and con19 trolled airspace; 

20 ‘‘(5) notice of criminal and civil penalties that 

21 may result from unlawful operation of unmanned 

22 aircraft; and 

23 ‘‘(6) examples of the hazards associated with 

24 the operation of an unmanned aircraft— 

25 ‘‘(A) in a careless or reckless manner; 


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1 ‘‘(B) in an unairworthy condition; and 

2 ‘‘(C) in proximity to other aircraft.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) REPEALS.— 

5 (A) IN GENERAL.—Sections 332(a), 

6 332(b), 332(d), 333, 334, and 336 of the FAA 

7 Modernization and Reform Act of 2012 (49 

8 U.S.C. 40101 note) are repealed. 

9 (B) CLERICAL AMENDMENT.—The items 

10 relating to sections 333, 334, and 336 of the 

11 FAA Modernization and Reform Act of 2012 

12 (49 U.S.C. 40101 note) in the table of contents 

13 contained in section 1(b) of that Act are re14 pealed. 

15 (2) PENALTIES.—Section 46301 of title 49, 

16 United States Code, is amended— 

17 (A) in subsection (a)— 

18 (i) in paragraph (1)(A) by inserting 

19 ‘‘chapter 455,’’ after ‘‘chapter 451,’’; and 

20 (ii) in paragraph (5)(A)(i) by striking 

21 ‘‘or chapter 451,’’ and inserting ‘‘chapter 

22 451, chapter 455,’’; 

23 (B) in subsection (d)(2) by inserting 

24 ‘‘chapter 455,’’ after ‘‘chapter 451,’’; and 


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1 (C) in subsection (f)(1)(A)(i) by striking 

2 ‘‘or chapter 451’’ and inserting ‘‘chapter 451, 

3 or chapter 455’’. 

4 (3) CLERICAL AMENDMENT.—The analysis for 

5 subtitle VII of title 49, United States Code, is 

6 amended by inserting after the item relating to 

7 chapter 453 the following: 

‘‘455. Unmanned aircraft systems ..............................................45501’’. 

8 SEC. 433. UNMANNED AIRCRAFT TEST RANGES. 

9 (a) EXTENSION OF PROGRAM.—Section 332(c)(1) of 

10 the FAA Modernization and Reform Act of 2012 (49 

11 U.S.C. 40101 note) is amended by striking ‘‘5 years after 

12 the date of enactment of this Act’’ and inserting ‘‘5 years 

13 after the date of enactment of the Aviation Innovation, 

14 Reform, and Reauthorization Act of 2016’’. 

15 (b) SENSE-AND-AVOID TECHNOLOGIES AT TEST

16 RANGES.— 

17 (1) IN GENERAL.—To the extent consistent 

18 with aviation safety, the Administrator of the Fed19 eral Aviation Administration shall permit and en20 courage flights of unmanned aircraft systems 

21 equipped with sense-and-avoid technologies at the 6 

22 test ranges designated under section 332(c) of the 

23 FAA Modernization and Reform Act of 2012. 

24 (2) WAIVERS.—In carrying out paragraph (1), 

25 the Administrator may waive the requirements of 


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1 section 44711 of title 49, United States Code, in2 cluding related regulations, to the extent consistent 

3 with aviation safety. 

4 (c) PROVISIONAL CIVIL OPERATION OF SMALL UN5 MANNED AIRCRAFT SYSTEMS AT TEST RANGES.— 

6 (1) IN GENERAL.—In carrying out the program 

7 established under section 332(c) of the FAA Mod8 ernization and Reform Act of 2012, and subject to 

9 the requirements of paragraph (2), the Secretary 

10 shall allow civil operation of small unmanned air11 craft systems at the 6 test ranges designated pursu12 ant to that section. 

13 (2) REQUIREMENTS.—The Secretary shall pro14 vide that— 

15 (A) operations of small unmanned aircraft 

16 systems occur exclusively within airspace des17 ignated in an applicable certificate of authoriza18 tion or waiver; and 

19 (B) notwithstanding section 44711 of title 

20 49, United States Code, operations are con21 ducted, to the extent practicable, pursuant to 

22 the proposed rule on small unmanned aircraft 

23 systems issued pursuant to section 45502(b)(1) 

24 of such title, or any final rule issued based on 

25 that proposed rule, except that a passing grade 


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1 on the aeronautical knowledge test required for 

2 a sport pilot certificate described in part 61 of 

3 title 14, Code of Federal Regulations, or more 

4 advanced aeronautical knowledge test under 

5 such part, shall be treated as satisfying the 

6 aeronautical knowledge testing requirement 

7 contained in such proposed rule. 

8 (3) SUNSET.—This subsection shall cease to be 

9 effective on the date that is the earlier of— 

10 (A) 5 years after the date of enactment of 

11 this Act; and 

12 (B) the date of publication of a final rule 

13 based on the proposed rule described under 

14 paragraph (2)(B). 

15 (d) DEFINITION OF TEST RANGE.—In this section, 

16 the term ‘‘test range’’ means a defined geographic area 

17 where research and development are conducted. 

18 SEC. 434. UNMANNED AIRCRAFT SYSTEMS SENIOR LEADER19 SHIP AND STAFFING. 

20 (a) INTRA-AGENCY LEADERSHIP.— 

21 (1) UNMANNED AIRCRAFT SYSTEMS INTEGRA22 TION OFFICE.—There is in the Federal Aviation Ad23 ministration an Unmanned Aircraft Systems Inte24 gration Office (in this section referred to as the ‘‘Of25 fice’’). 


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1 (2) CHIEF UNMANNED AIRCRAFT SYSTEMS IN2 TEGRATION OFFICER.— 

3 (A) DESIGNATION.—Not later than 30 

4 days after the date of enactment of this Act, 

5 the Administrator of the Federal Aviation Ad6 ministration shall designate an individual to 

7 serve as the head of the Office, to be known as 

8 the Chief Unmanned Aircraft Systems Integra9 tion Officer. 

10 (B) DUTIES; REPORTING.—The Chief Un11 manned Aircraft Systems Integration Officer 

12 shall— 

13 (i) report directly to the Associate Ad14 ministrator for Aviation Safety (or a suc15 cessor position); 

16 (ii) have the duties and functions of 

17 the position of the Director of the UAS In18 tegration Office, as of the date of enact19 ment of this section; and 

20 (iii) optimize intra-agency efforts to 

21 establish a sound technical and safety 

22 methodology for the integration of un23 manned aircraft systems into the national 

24 airspace system. 

25 (b) INTERAGENCY LEADERSHIP.— 


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1 (1) DIRECTOR OF UAS EXTERNAL AFFAIRS.— 

2 Not later than 30 days after the date of enactment 

3 of this Act, the Administrator shall designate an in4 dividual to serve as the head of interagency efforts 

5 on unmanned aircraft systems integration for the 

6 Administration, to be known as the Director of UAS 

7 External Affairs. 

8 (2) DUTIES; REPORTING.—The individual des9 ignated under paragraph (1) shall— 

10 (A) report directly to the Deputy Adminis11 trator; 

12 (B) have the duties and functions of the 

13 position of Senior Advisor on UAS Integration, 

14 as of the date of enactment of this section; and 

15 (C) focus on external outreach, education, 

16 and interagency initiatives consistent with the 

17 Administration’s management of unmanned air18 craft systems integration efforts. 

19 (c) STAFFING.—The Administrator shall designate a 

20 sufficient number of safety inspectors to focus on the safe21 ty oversight of unmanned aircraft systems into the na22 tional airspace system, taking into consideration the cur23 rent and anticipated— 

24 (1) budgetary environment; and 


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1 (2) volume of unmanned aircraft system oper2 ations. 

3 SEC. 435. SENSE OF CONGRESS REGARDING UNMANNED 

4 AIRCRAFT SAFETY. 

5 It is the sense of Congress that— 

6 (1) the unauthorized operation of unmanned 

7 aircraft near airports presents a serious hazard to 

8 aviation safety; 

9 (2) with increasing regularity, pilots are report10 ing near misses with unmanned aircraft at low alti11 tudes during critical phases of flight, either on final 

12 approach or shortly after takeoff; 

13 (3) a collision between an unmanned aircraft 

14 and a conventional aircraft in flight could jeopardize 

15 the safety of persons aboard aircraft and on the 

16 ground; 

17 (4) Federal aviation regulations, including sec18 tions 91.126 through 91.131 of title 14, Code of 

19 Federal Regulations, prohibit unauthorized operation 

20 of an aircraft in controlled airspace near an airport; 

21 (5) Federal aviation regulations, including sec22 tion 91.13 of title 14, Code of Federal Regulations, 

23 prohibit the operation of an aircraft in a careless or 

24 reckless manner so as to endanger the life or prop25 erty of another; 


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1 (6) the Administrator of the Federal Aviation 

2 Administration should pursue all available civil and 

3 administrative remedies available to the Adminis4 trator, including referrals to other government agen5 cies for criminal investigations, with respect to per6 sons who operate unmanned aircraft in an unauthor7 ized manner; 

8 (7) the Administrator should place particular 

9 priority on continuing measures, including partner10 ships with nongovernmental organizations, to edu11 cate the public about the dangers to the public safe12 ty of operating unmanned aircraft near airports 

13 without the appropriate approvals or authorizations; 

14 and 

15 (8) manufacturers and retail sellers of small 

16 unmanned aircraft systems should take steps to edu17 cate consumers about the safe and lawful operation 

18 of such systems. 

19 SEC. 436. UAS PRIVACY REVIEW. 

20 (a) REVIEW.—The Secretary of Transportation, in 

21 consultation with the heads of appropriate Federal agen22 cies, appropriate State and local officials, and subject-mat23 ter experts and in consideration of relevant efforts led by 

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1 tential reduction of privacy specifically caused by integra2 tion of unmanned aircraft systems into the national air3 space system. 

4 (b) CONSULTATION.—In carrying out the review, the 

5 Secretary shall consult with the National Telecommuni6 cations and Information Administration of the Depart7 ment of Commerce on its ongoing efforts responsive to the 

8 presidential memorandum titled ‘‘Promoting Economic 

9 Competitiveness While Safeguarding Privacy, Civil Rights, 

10 and Civil Liberties in Domestic Use of Unmanned Aircraft 

11 Systems’’ and dated February 15, 2015. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary shall submit to 

14 the Committee on Transportation and Infrastructure of 

15 the House of Representatives and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 on the results of the review required under subsection (a). 

18 SEC. 437. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN19 MENTS. 

20 (a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN21 MENTS.—Section 40102(a)(41) of title 49, United States 

22 Code, is amended by adding at the end the following: 

23 ‘‘(F) An unmanned aircraft that is owned 

24 and operated by, or exclusively leased for at 

25 least 90 continuous days by, an Indian tribal 


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1 government, as defined in section 102 of the 

2 Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5122), except 

4 as provided in section 40125(b).’’. 

5 (b) CONFORMING AMENDMENT.—Section 40125(b) 

6 of title 49, United States Code, is amended by striking 

7 ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 

8 SEC. 438. FACILITATING UNMANNED AIRCRAFT AUTHOR9 IZATION IN SUPPORT OF FIREFIGHTING OP10 ERATIONS. 

11 The Administrator of the Federal Aviation Adminis12 tration shall enter into agreements with the Secretary of 

13 the Interior and the Secretary of Agriculture as necessary 

14 to continue the expeditious authorization of safe un15 manned aircraft system operations in support of fire16 fighting operations consistent with the requirements of 

17 section 45504(c) of title 49, United States Code. 

18 SEC. 439. LOW ALTITUDE UNMANNED AIRCRAFT SYSTEM 

19 TRAFFIC MANAGEMENT. 

20 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 

21 Not later than 90 days after the date of enactment of this 

22 Act, the Administrator of the Federal Aviation Adminis23 tration shall establish an advisory committee comprised of 

24 government representatives and appropriate industry rep25 resentatives to— 


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1 (1) assess the necessity, feasibility, and benefits 

2 of establishing unmanned aircraft traffic manage3 ment systems for airspace between the surface and 

4 400 feet above ground level; 

5 (2) develop recommendations for government 

6 oversight of such systems; and 

7 (3) address any other issues the advisory panel 

8 considers necessary and appropriate. 

9 (b) REPORT.—Not later than 1 year after the estab10 lishment of the advisory committee under subsection (a), 

11 the Administrator shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Commerce, Science, 

14 and Transportation of the Senate a report on the findings 

15 of the advisory committee. 

16 (c) SUNSET.—The advisory committee shall termi17 nate upon transmission of the report pursuant to sub18 section (b). 

19 SEC. 440. UAS DETECTION SYSTEMS PILOT PROGRAM. 

20 (a) ESTABLISHMENT.—Not later than 180 days after 

21 the date of enactment of this Act, the Secretary of Trans22 portation shall establish a pilot program to deploy and 

23 evaluate the effectiveness of unmanned aircraft detection 

24 systems in maintaining the safety of air commerce and 

25 navigable airspace in light of aviation safety hazards posed 


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1 by unauthorized operations of unmanned aircraft in prox2 imity to airports. 

3 (b) PARTICIPATING AIRPORTS.—The Secretary shall 

4 select not fewer than 3 airports in the United States with 

5 scheduled commercial air service that the Secretary deter6 mines to be suitable locations for participation in the pilot 

7 program. 

8 (c) DETECTION CAPABILITIES.—In carrying out the 

9 pilot program under subsection (a), the Secretary may uti10 lize unmanned aircraft detection systems to— 

11 (1) detect, locate, and track unmanned aircraft; 

12 (2) detect, locate, and track operators of un13 manned aircraft; and 

14 (3) mitigate unauthorized operations of un15 manned aircraft in any airspace in which they may 

16 pose an aviation safety risk. 

17 (d) LIMITATION.—The Secretary shall ensure that 

18 the unmanned aircraft detection systems used in carrying 

19 out the pilot program do not interfere with or harm air20 port operations, essential navigation systems, wireless 

21 communications, or the general public. 

22 (e) REPORT.— 

23 (1) IN GENERAL.—Not later than 18 months 

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1 tation and Infrastructure of the House of Represent2 atives and the Committee on Commerce, Science, 

3 and Transportation of the Senate a report on the re4 sults of the pilot program established under sub5 section (a). 

6 (2) CONTENTS.—The report submitted under 

7 paragraph (1) shall include the following: 

8 (A) The number of unauthorized un9 manned aircraft operations detected at each 

10 participating airport, together with a descrip11 tion of such operations. 

12 (B) The number of instances in which un13 authorized unmanned aircraft were mitigated 

14 pursuant to subsection (c)(3), together with a 

15 description of such instances. 

16 (C) The number of enforcement cases 

17 brought by the Federal Aviation Administration 

18 for unauthorized operation of unmanned air19 craft detected through the pilot program, to20 gether with a description of such cases. 

21 (D) The number of any technical failures 

22 in the pilot program, together with a descrip23 tion of such failures. 


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1 (E) Recommendations for safety and oper2 ational standards for unmanned aircraft detec3 tion systems. 

4 (F) The feasibility of deployment of the 

5 systems at other airports. 

6 (3) FORMAT.—To the extent practicable, the re7 port prepared under paragraph (1) shall be sub8 mitted in an unclassified format. If necessary, the 

9 report may include a classified annex. 

10 (f) UNMANNED AIRCRAFT DETECTION SYSTEM DE11 FINED.—In this section, the term ‘‘unmanned aircraft de12 tection system’’ means a system that can carry out the 

13 activities described in subsection (c). 

14 (g) SUNSET.—The pilot program established under 

15 subsection (a) shall cease to be effective on the earlier of— 

16 (1) the date that is 18 months after the date 

17 of enactment of this Act; and 

18 (2) the date of the submission of the report 

19 under subsection (e). 

20 (h) AUTHORITY.—After the pilot program ceases to 

21 be effective, the Secretary may use unmanned aircraft de22 tection systems to detect and mitigate the unauthorized 

23 operation of unmanned aircraft that pose a risk to aviation 

24 safety. 


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1 SEC. 441. EVALUATION OF AIRCRAFT REGISTRATION FOR 

2 SMALL UNMANNED AIRCRAFT. 

3 (a) METRICS.—Beginning not later than 180 days 

4 after the date of enactment of this Act, the Administrator 

5 of the Federal Aviation Administration shall develop and 

6 track metrics to assess compliance with and effectiveness 

7 of the registration of small unmanned aircraft systems by 

8 the Federal Aviation Administration pursuant to the in9 terim final rule issued on December 16, 2015, entitled 

10 ‘‘Registration and Marking Requirements for Small Un11 manned Aircraft’’ (80 Fed. Reg. 78593) and any subse12 quent final rule, including metrics with respect to— 

13 (1) the levels of compliance with the interim 

14 final rule and any subsequent final rule; 

15 (2) the number of enforcement actions taken by 

16 the Administration for violations of or noncompli17 ance with the interim final rule and any subsequent 

18 final rule, together with a description of the actions; 

19 and 

20 (3) the effect of the interim final rule and any 

21 subsequent final rule on compliance with any fees 

22 associated with the use of small unmanned aircraft 

23 systems. 

24 (b) EVALUATION.—The Inspector General of the De25 partment of Transportation shall evaluate— 


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1 (1) the Administration’s progress in developing 

2 and tracking the metrics set forth in subsection (a); 

3 and 

4 (2) the reliability, effectiveness, and efficiency 

5 of the Administration’s registration program for 

6 small unmanned aircraft. 

7 (c) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Inspector General of the De9 partment of Transportation shall submit to the Committee 

10 on Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report con13 taining— 

14 (1) the results of the evaluation required under 

15 subsection (b); and 

16 (2) recommendations to the Administrator and 

17 Congress for improvements to the registration proc18 ess for small unmanned aircraft. 

19 TITLE V—AIR SERVICE 

20 IMPROVEMENTS 

21 Subtitle A—Passenger Air Service 

22 Improvements 

23 SEC. 501. FAMILIES TRAVELING TOGETHER. 

24 Section 41712 of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(d) FAMILIES TRAVELING TOGETHER.— 

2 ‘‘(1) IN GENERAL.—It shall be an unfair or de3 ceptive practice under subsection (a) for any ticket 

4 agent, air carrier, foreign air carrier, or other person 

5 offering to sell tickets for air transportation to fail 

6 to disclose, whether verbally in oral communication 

7 or in writing in written or electronic communication, 

8 prior to an individual’s purchase of more than 1 

9 ticket for a covered flight, the notification in para10 graph (2), if such purchase includes a ticket for a 

11 child. 

12 ‘‘(2) NOTIFICATION.—The notification required 

13 under paragraph (1) shall include the following 

14 statement: ‘It is not possible to assign 2 or more 

15 seats together on at least 1 of the flights you have 

16 selected. Please be advised that you may not be able 

17 to sit next to other members of your travel party, 

18 even if you are traveling with a child.’. 

19 ‘‘(3) DEFINITIONS.—In this subsection, the fol20 lowing definitions apply: 

21 ‘‘(A) CHILD.—The term ‘child’ means an 

22 individual who is less than 13 years of age on 

23 the date a covered flight is scheduled to occur. 

24 ‘‘(B) COVERED FLIGHT.—The term ‘cov25 ered flight’ means a flight of an air carrier or 


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1 foreign air carrier in air transportation as to 

2 which— 

3 ‘‘(i) a purchaser of a ticket may speci4 fy an advance seat assignment, with or 

5 without the assessment of a charge or fee; 

6 and 

7 ‘‘(ii) 2 or more laterally adjacent seats 

8 are not available on the flight for advance 

9 assignment.’’. 

10 SEC. 502. CELL PHONE VOICE COMMUNICATION BAN. 

11 (a) IN GENERAL.—Subchapter I of chapter 417 of 

12 title 49, United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 41725. Prohibition on certain cell phone voice com15 munications 

16 ‘‘(a) PROHIBITION.—The Secretary of Transpor17 tation shall issue regulations— 

18 ‘‘(1) to prohibit an individual on an aircraft 

19 from engaging in voice communications using a mo20 bile communications device during a flight of that 

21 aircraft in scheduled passenger interstate or intra22 state air transportation; and 

23 ‘‘(2) that exempt from the prohibition described 

24 in paragraph (1) any— 


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1 ‘‘(A) member of the flight crew on duty on 

2 an aircraft; 

3 ‘‘(B) flight attendant on duty on an air4 craft; and 

5 ‘‘(C) Federal law enforcement officer act6 ing in an official capacity. 

7 ‘‘(b) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) FLIGHT.—The term ‘flight’ means, with 

10 respect to an aircraft, the period beginning when the 

11 aircraft takes off and ending when the aircraft 

12 lands. 

13 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

14 ‘‘(A) IN GENERAL.—The term ‘mobile 

15 communications device’ means any portable 

16 wireless telecommunications equipment utilized 

17 for the transmission or reception of voice data. 

18 ‘‘(B) LIMITATION.—The term ‘mobile com19 munications device’ does not include a phone in20 stalled on an aircraft.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 417 of title 49, United States Code, is amended by 

23 inserting after the item relating to section 41724 the fol24 lowing: 

‘‘41725. Prohibition on certain cell phone voice communications.’’. 


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1 SEC. 503. AVAILABILITY OF CONSUMER RIGHTS INFORMA2 TION. 

3 Section 42302(b) of title 49, United States Code, is 

4 amended— 

5 (1) in paragraph (2) by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (3) by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) the air carrier’s customer service plan.’’. 

11 SEC. 504. CONSUMER COMPLAINTS HOTLINE. 

12 Section 42302 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(d) USE OF NEW TECHNOLOGIES.—The Secretary 

15 shall periodically evaluate the benefits of using mobile 

16 phone applications or other widely used technologies to 

17 provide new means for air passengers to communicate 

18 complaints in addition to the telephone number estab19 lished under subsection (a) and shall provide such new 

20 means as the Secretary determines appropriate.’’. 

21 SEC. 505. IMPROVED NOTIFICATION OF INSECTICIDE USE. 

22 Section 42303(b) of title 49, United States Code, is 

23 amended to read as follows: 

24 ‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for25 eign air carrier, or ticket agent selling, in the United 

26 States, a ticket for a flight in foreign air transportation 


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1 to a country listed on the Internet Web site established 

2 under subsection (a) shall— 

3 ‘‘(1) disclose, on its own Internet Web site or 

4 through other means, that the destination country 

5 may require the air carrier or foreign air carrier to 

6 treat an aircraft passenger cabin with insecticides 

7 prior to the flight or to apply an aerosol insecticide 

8 in an aircraft cabin used for such a flight when the 

9 cabin is occupied with passengers; and 

10 ‘‘(2) refer the purchaser of the ticket to the 

11 Internet Web site established under subsection (a) 

12 for additional information.’’. 

13 SEC. 506. ADVISORY COMMITTEE FOR AVIATION CON14 SUMER PROTECTION. 

15 Section 411 of the FAA Modernization and Reform 

16 Act of 2012 (49 U.S.C. 42301 prec. note) is amended— 

17 (1) in subsection (g) by striking ‘‘first 2 cal18 endar years’’ and inserting ‘‘first 6 calendar years’’; 

19 and 

20 (2) in subsection (h) by striking ‘‘March 31, 

21 2016’’ and inserting ‘‘September 30, 2022’’. 

22 SEC. 507. DELAYED CHECKED BAGGAGE. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary shall initiate 

25 a rulemaking proceeding to require that air carriers reVerDate Sep 11 2014 03:08 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H4441.IH H4441

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1 fund any baggage fees charged to a passenger for checked 

2 baggage on a flight in scheduled passenger interstate or 

3 intrastate air transportation if the checked baggage of 

4 that passenger is not delivered within the 24-hour period 

5 beginning at the time of the arrival of the flight of the 

6 passenger at the destination at which the passenger was 

7 to retrieve the checked baggage. 

8 (b) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 (1) CHECKED BAGGAGE.— 

11 (A) IN GENERAL.—The term ‘‘checked 

12 baggage’’ means property tendered by or on be13 half of a person and accepted for transport by 

14 an air carrier providing passenger service, 

15 which is inaccessible to passengers during 

16 flight. 

17 (B) EXCLUSION.—The term ‘‘checked bag18 gage’’ does not include accompanied commercial 

19 courier consignments. 

20 (2) BAGGAGE FEE.—The term ‘‘baggage fee’’ 

21 means fees charged to a passenger by an air carrier 

22 solely for the conveyance of checked baggage. 

23 SEC. 508. AIR TRAVEL ACCESSIBILITY. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Secretary of Transportation shall issue the 


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1 supplemental notice of proposed rulemaking referenced in 

2 the Secretary’s Report on Significant Rulemakings, dated 

3 June 15, 2015, and assigned Regulation Identification 

4 Number 2105–AE12. 

5 Subtitle B—Small Community Air 

6 Service 

7 SEC. 531. ESSENTIAL AIR SERVICE REFORM. 

8 Section 41732 of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(c) WAIVER.—Notwithstanding section 41733(e), at 

11 the request of an eligible place, the Secretary may waive, 

12 in whole or in part, subsections (a) and (b) of this section 

13 and subsections (a) through (c) of section 41734 for the 

14 eligible place if the Secretary determines that the waiver 

15 is— 

16 ‘‘(1) in the public interest; or 

17 ‘‘(2) a cost-effective improvement to the quality 

18 of air service for the eligible place.’’. 

19 SEC. 532. ESSENTIAL AIR SERVICE AUTHORIZATION. 

20 Section 41742(a) of title 49, United States Code, is 

21 amended— 

22 (1) in paragraph (1) by striking ‘‘Out of the 

23 amounts’’ and inserting ‘‘For each of fiscal years 

24 2016 through 2019, out of the amounts’’; 


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1 (2) in paragraph (2) by striking ‘‘$150,000,000 

2 for fiscal year 2011’’ and all that follows before ‘‘to 

3 carry out’’ and inserting ‘‘$175,000,000 for fiscal 

4 year 2016, $178,000,000 for fiscal year 2017, 

5 $181,000,000 for fiscal year 2018, and 

6 $185,000,000 for fiscal year 2019’’; and 

7 (3) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) AUTHORIZATIONS FOR FISCAL YEARS 2020

10 THROUGH 2022.—There is authorized to be appro11 priated to carry out the essential air service program 

12 under this subchapter— 

13 ‘‘(A) $300,000,000 for fiscal year 2020; 

14 ‘‘(B) $308,000,000 for fiscal year 2021; 

15 and 

16 ‘‘(C) $315,000,000 for fiscal year 2022.’’. 

17 SEC. 533. EXTENSION OF FINAL ORDER ESTABLISHING 

18 MILEAGE ADJUSTMENT ELIGIBILITY. 

19 Section 409(d) of the Vision 100—Century of Avia20 tion Reauthorization Act (49 U.S.C. 41731 note) is 

21 amended by striking ‘‘March 31, 2016’’ and inserting 

22 ‘‘September 30, 2022’’. 

23 SEC. 534. STUDY ON ESSENTIAL AIR SERVICE REFORM. 

24 (a) STUDY.— 


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1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall conduct a study on the ef3 fects of section 6 of the Airport and Airway Exten4 sion Act of 2011, Part IV (Public Law 112–27), sec5 tion 421 of the FAA Modernization and Reform Act 

6 of 2012 (Public Law 112–95), and other relevant 

7 Federal laws enacted after 2010, including the 

8 amendments made by those laws, on the Essential 

9 Air Service program. 

10 (2) SCOPE.—In conducting the study under 

11 paragraph (1), the Comptroller General shall ana12 lyze, at a minimum— 

13 (A) the impact of each relevant Federal 

14 law, including the amendments made by each 

15 law, on the Essential Air Service program; 

16 (B) what actions communities and air car17 riers have taken to reduce ticket prices or in18 crease enplanements as a result of each law; 

19 (C) the issuance of waivers by the Sec20 retary under section 41731(e) of title 49, 

21 United States Code; 

22 (D) whether budgetary savings resulted 

23 from each law; and 

24 (E) options for further reform of the Es25 sential Air Service program. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Comptroller General shall 

3 submit to the Committee on Transportation and Infra4 structure of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate a report on the results of the study conducted 

7 under subsection (a). 

8 SEC. 535. SMALL COMMUNITY AIR SERVICE. 

9 (a) ELIGIBILITY.—Section 41743(c) of title 49, 

10 United States Code, is amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) SIZE.—On the date of submission of the 

14 relevant application under subsection (b), the airport 

15 serving the community or consortium— 

16 ‘‘(A) is not larger than a small hub air17 port, as determined using the Department of 

18 Transportation’s most recently published classi19 fication; and 

20 ‘‘(B) has— 

21 ‘‘(i) insufficient air carrier service; or 

22 ‘‘(ii) unreasonably high air fares.’’; 

23 and 

24 (2) in paragraph (5)— 


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1 (A) by redesignating subparagraphs (E) 

2 and (F) as subparagraphs (F) and (G), respec3 tively; and 

4 (B) by inserting after subparagraph (D) 

5 the following: 

6 ‘‘(E) the assistance will be used to help re7 store scheduled passenger air service that has 

8 been terminated;’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 41743(e)(2) of title 49, United States Code, is amended 

11 to read as follows: 

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to the Sec14 retary $5,000,000 for each of fiscal years 2016 

15 through 2022 to carry out this section. Such sums 

16 shall remain available until expended.’’. 

17 TITLE VI—MISCELLANEOUS 

18 SEC. 601. FEDERAL AVIATION ADMINISTRATION STRA19 TEGIC CYBERSECURITY PLAN. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Administrator of the 

22 Federal Aviation Administration shall prepare and submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 

25 Commerce, Science, and Transportation of the Senate a 


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1 report containing a strategic cybersecurity plan for the 

2 Federal Aviation Administration. 

3 (b) CONTENTS OF PLAN.—The strategic cybersecu4 rity plan shall— 

5 (1) use a total systems approach that takes into 

6 account the interactions of different components of 

7 the national airspace system; 

8 (2) identify short- and long-term objectives and 

9 actions that can be taken to reduce the vulnerability 

10 of the national airspace system to cyberattacks; 

11 (3) address the cybersecurity risks associated 

12 with the modernization of the national airspace sys13 tem and the automation of aircraft, equipment, and 

14 technology; and 

15 (4) support the Federal Aviation Administra16 tion in establishing cybersecurity standards to assist 

17 the ATC Corporation in its responsibilities associ18 ated with managing air traffic services in a secure 

19 manner after the date of transfer, as defined in sec20 tion 90101(a) of title 49, as added by this Act. 

21 SEC. 602. CONSOLIDATION AND REALIGNMENT OF FAA 

22 SERVICES AND FACILITIES. 

23 (a) IN GENERAL.—Section 804(a) of the FAA Mod24 ernization and Reform Act of 2012 (49 U.S.C. 44501 

25 note) is amended— 


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1 (1) in paragraph (2) by striking ‘‘The purpose 

2 of the report shall be—’’ and all that follows 

3 through ‘‘(B) to reduce’’ and inserting ‘‘The purpose 

4 of the report shall be to reduce’’; and 

5 (2) by striking paragraph (4) and inserting the 

6 following: 

7 ‘‘(4) INPUT.—The report shall be prepared by 

8 the Administrator (or the Administrator’s designee) 

9 with the participation of— 

10 ‘‘(A) representatives of labor organizations 

11 representing air traffic control system employ12 ees of the FAA; and 

13 ‘‘(B) industry stakeholders.’’. 

14 (b) FAA AIR TRAFFIC CONTROL FACILITY CONSOLI15 DATION AND REALIGNMENT PROJECTS.—Notwith16 standing section 90316(c) of title 49, United States Code, 

17 as added by this Act, the Secretary of Transportation shall 

18 continue to carry out any consolidation or realignment 

19 project commenced under section 804 of the FAA Mod20 ernization and Reform Act of 2012. 

21 SEC. 603. METROPOLITAN WASHINGTON AIRPORTS AU22 THORITY. 

23 (a) FINDINGS.—Congress finds that— 

24 (1) the Metropolitan Washington Airports Au25 thority (in this section referred to as ‘‘MWAA’’), 


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1 which operates Ronald Reagan Washington National 

2 Airport and Dulles International Airport by lease 

3 with the Department of Transportation, has rou4 tinely performed poorly on audits conducted by the 

5 Inspector General of the Department of Transpor6 tation; 

7 (2) the responsible stewardship of taxpayer8 owned assets by MWAA is of great concern to Con9 gress; 

10 (3) a March 20, 2015, audit conducted by the 

11 Inspector General titled ‘‘MWAA’s Office of Audit 

12 Does Not Have an Adequate Quality Assurance and 

13 Improvement Program’’ (Report No. ZA–2015–035) 

14 found that MWAA’s quality assurance and improve15 ment program did not conform with the standards 

16 of the Institute of Internal Auditors; and 

17 (4) the Inspector General’s audit made 7 rec18 ommendations to strengthen MWAA governance, its 

19 Office of Audit, and its quality assurance and im20 provement program. 

21 (b) IMPLEMENTING AUDIT RECOMMENDATIONS.— 

22 (1) STUDY.—The Inspector General of the De23 partment of Transportation shall conduct a study on 

24 MWAA’s progress in implementing the recommenda25 tions of the audit referred to in subsection (a). 


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1 (2) REPORT.—The Inspector General shall sub2 mit to the Committee on Transportation and Infra3 structure of the House of Representatives and the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate a report on the study, including 

6 the Inspector General’s findings, conclusions, and 

7 recommendations for strengthening and improving 

8 MWAA’s Office of Audit. 

9 SEC. 604. AIRCRAFT NOISE EXPOSURE. 

10 (a) REVIEW.—The Administrator of the Federal 

11 Aviation Administration shall conduct a review of the rela12 tionship between aircraft noise exposure and its effects on 

13 communities around airports. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Administrator 

17 shall submit to Congress a report containing the re18 sults of the review. 

19 (2) PRELIMINARY RECOMMENDATIONS.—The 

20 report shall contain such preliminary recommenda21 tions as the Administrator determines appropriate 

22 for revising the land use compatibility guidelines in 

23 part 150 of title 14, Code of Federal Regulations, 

24 based on the results of the review and in coordina25 tion with other agencies. 


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1 SEC. 605. FAA REVIEW AND REFORM. 

2 (a) AGENCY REPORT.—Not later than 60 days after 

3 the date of enactment of this Act, the Administrator of 

4 the Federal Aviation Administration shall submit to the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a de8 tailed analysis of any actions taken to address the findings 

9 and recommendations included in the report required 

10 under section 812(d) of the FAA Modernization and Re11 form Act of 2012 (49 U.S.C. 106 note), including— 

12 (1) consolidating, phasing-out, or eliminating 

13 duplicative positions, programs, roles, or offices; 

14 (2) eliminating or streamlining wasteful prac15 tices; 

16 (3) eliminating or phasing-out redundant, obso17 lete, or unnecessary functions; 

18 (4) reforming and streamlining inefficient proc19 esses so that the activities of the Administration are 

20 completed in an expedited and efficient manner; and 

21 (5) reforming or eliminating ineffectual or out22 dated policies. 

23 (b) ADDITIONAL REVIEW.—Not later than 1 year 

24 after the date of transfer, as defined in section 90101(a) 

25 of title 49, United States Code, as added by this Act, the 

26 Administrator shall undertake and complete a thorough 


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1 review of each program, office, and organization within the 

2 Administration to identify— 

3 (1) duplicative positions, programs, roles, or of4 fices; 

5 (2) wasteful practices; 

6 (3) redundant, obsolete, or unnecessary func7 tions; 

8 (4) inefficient processes; and 

9 (5) ineffectual or outdated policies. 

10 (c) ACTIONS TO STREAMLINE AND REFORM FAA.— 

11 Not later than 60 days after the date of completion of 

12 the review under subsection (b), the Administrator shall 

13 undertake such actions as may be necessary to address 

14 the findings of the Administrator under such subsection. 

15 (d) REPORT TO CONGRESS.—Not later than 120 days 

16 after the date of completion of the review under subsection 

17 (b), the Administrator shall submit to the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives and the Committee on Commerce, Science, 

20 and Transportation of the Senate a report on the actions 

21 taken by the Administrator pursuant to subsection (c), in22 cluding any recommendations for legislative or administra23 tive actions. 


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1 SEC. 606. SENSE OF CONGRESS ON ONE ENGINE INOPER2 ATIVE PROCEDURES. 

3 It is the sense of Congress that the Administrator 

4 of the Federal Aviation Administration should— 

5 (1) carefully consider all comments that are 

6 submitted on the proposed policy regarding the im7 pact of one engine inoperative procedures in obstruc8 tion evaluation aeronautical studies; and 

9 (2) work with relevant stakeholders to preserve 

10 safety and efficiency while balancing the important 

11 needs of communities, airports, and airport users. 

12 SEC. 607. AVIATION FUEL. 

13 (a) USE OF UNLEADED AVIATION GASOLINE.—The 

14 Administrator of the Federal Aviation Administration 

15 shall allow the use of an unleaded aviation gasoline in an 

16 aircraft as a replacement for a leaded gasoline if the Ad17 ministrator— 

18 (1) determines that an unleaded aviation gaso19 line qualifies as a replacement for an approved lead20 ed gasoline; 

21 (2) identifies the aircraft and engines that are 

22 eligible to use the qualified replacement unleaded 

23 gasoline; and 

24 (3) adopts a process (other than the traditional 

25 means of certification) to allow eligible aircraft and 


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1 engines to operate using qualified replacement un2 leaded gasoline in a manner that ensures safety. 

3 (b) TIMING.—The Administrator shall adopt the 

4 process described in subsection (a)(3) not later than 180 

5 days after the later of— 

6 (1) the date of completion of the Piston Avia7 tion Fuels Initiative of the Administration; or 

8 (2) the date of publication of an American Soci9 ety for Testing and Materials Production Specifica10 tion for an unleaded aviation gasoline. 

11 SEC. 608. TECHNICAL CORRECTIONS. 

12 (a) PASSENGER FACILITY CHARGES.—Section 

13 40117(a)(5) of title 49, United States Code, is amended 

14 by striking ‘‘charge or charge’’ and inserting ‘‘charge’’. 

15 (b) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI16 CANTLY INCREASED COSTS.—Section 426 of the FAA 

17 Modernization and Reform Act of 2012 is amended— 

18 (1) in subsection (a) (49 U.S.C. 41737 note) by 

19 striking ‘‘Secretary’’ and inserting ‘‘Secretary of 

20 Transportation’’; and 

21 (2) in subsection (c) (49 U.S.C. 41731 note) by 

22 striking ‘‘the Secretary may waive’’ and inserting 

23 ‘‘the Secretary of Transportation may waive’’. 

24 (c) AIRCRAFT DEPARTURE QUEUE MANAGEMENT

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1 tion and Reform Act of 2012 (49 U.S.C. 44505 note) is 

2 amended by striking ‘‘section 48101(a)’’ and inserting 

3 ‘‘section 48101(a) of title 49, United States Code,’’. 

4 SEC. 609. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC 

5 CONTROL SYSTEM. 

6 Notwithstanding any other provision of law, the Fed7 eral Aviation Administration or the ATC Corporation, as 

8 appropriate, shall, upon request of a private aircraft owner 

9 or operator, block the registration number of the aircraft 

10 of the owner or operator from any public dissemination 

11 or display, except in data made available to a Government 

12 agency, for the noncommercial flights of the owner or op13 erator. 

14 SEC. 610. AIR SHOWS. 

15 On an annual basis, the Administrator of the Federal 

16 Aviation Administration shall work with representatives of 

17 Administration-approved air shows, the general aviation 

18 community, and stadiums and other large outdoor events 

19 and venues to identify and resolve, to the maximum extent 

20 practicable, scheduling conflicts between Administration21 approved air shows and large outdoor events and venues 

22 where— 

23 (1) flight restrictions will be imposed pursuant 

24 to section 521 of title V of division F of Public Law 

25 108–199 (118 Stat. 343); or 


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1 (2) any other restriction will be imposed pursu2 ant to Federal Aviation Administration Flight Data 

3 Center Notice to Airmen 4/3621 (or any successor 

4 notice to airmen). 

5 SEC. 611. FEDERAL AUTHORITY. 

6 (a) IN GENERAL.—Section 14501(c) of title 49, 

7 United States Code, is amended— 

8 (1) in paragraph (1) by striking ‘‘paragraphs 

9 (2) and (3)’’ and inserting ‘‘paragraphs (3) and 

10 (4)’’; 

11 (2) by redesignating paragraphs (2) through 

12 (5) as paragraphs (3) through (6) respectively; 

13 (3) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) ADDITIONAL LIMITATIONS.— 

16 ‘‘(A) A State, political subdivision of a 

17 State, or political authority of 2 or more States 

18 may not enact or enforce a law, regulation, or 

19 other provision having the force and effect of 

20 law prohibiting employees whose hours of serv21 ice are subject to regulation by the Secretary 

22 under section 31502 from working to the full 

23 extent permitted or at such times as permitted 

24 under such section, or imposing any additional 

25 obligations on motor carriers if such employees 


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1 work to the full extent or at such times as per2 mitted under such section, including any related 

3 activities regulated under part 395 of title 49, 

4 Code of Federal Regulations. 

5 ‘‘(B) A State, political subdivision of a 

6 State, or political authority of 2 or more States 

7 may not enact or enforce a law, regulation, or 

8 other provision having the force and effect of 

9 law that requires a motor carrier that com10 pensates employees on a piece-rate basis to pay 

11 those employees separate or additional com12 pensation, provided that the motor carrier pays 

13 the employee a total sum that when divided by 

14 the total number of hours worked during the 

15 corresponding work period is equal to or greater 

16 than the applicable hourly minimum wage of 

17 the State, political subdivision of the State, or 

18 political authority of 2 or more States. 

19 ‘‘(C) Nothing in this paragraph shall be 

20 construed to limit the provisions of paragraph 

21 (1).’’; 

22 (4) in paragraph (3) (as redesignated) by strik23 ing ‘‘Paragraph (1)—’’ and inserting ‘‘Paragraphs 

24 (1) and (2)—’’; and 


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1 (5) in paragraph (4)(A) (as redesignated) by 

2 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

3 (1) and (2)’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall have the force and effect as if enacted 

6 on the date of enactment of the Federal Aviation Adminis7 tration Authorization Act of 1994 (Public Law 103–305). 

8 SEC. 612. PART 91 REVIEW, REFORM, AND STREAMLINING. 

9 (a) ESTABLISHMENT OF TASK FORCE.—Not later 

10 than 90 days after the date of enactment of this Act, the 

11 Administrator of the Federal Aviation Administration 

12 shall establish a task force comprised of representatives 

13 of the general aviation industry who regularly perform 

14 part 91 operations, labor unions (including those rep15 resenting FAA aviation safety inspectors and FAA avia16 tion safety engineers), manufacturers, and the Govern17 ment to— 

18 (1) conduct an assessment of the FAA over19 sight and authorization processes and requirements 

20 for aircraft under part 91; and 

21 (2) make recommendations to streamline the 

22 applicable authorization and approval processes, im23 prove safety, and reduce regulatory cost burdens and 

24 delays for the FAA and aircraft owners and opera25 tors who operate pursuant to part 91. 


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1 (b) CONTENTS.—In conducting the assessment and 

2 making recommendations under subsection (a), the task 

3 force shall consider— 

4 (1) process reforms and improvements to allow 

5 the FAA to review and approve applications in a fair 

6 and timely fashion; 

7 (2) the appropriateness of requiring an author8 ization for each experimental aircraft rather than 

9 using a broader all makes and models approach; 

10 (3) ways to improve the timely response to let11 ters of authorization applications for aircraft owners 

12 and operators who operate pursuant to part 91, in13 cluding setting deadlines and granting temporary or 

14 automatic authorizations if deadlines are missed by 

15 the FAA; 

16 (4) methods for enhancing the effective use of 

17 delegation systems; 

18 (5) methods for training the FAA’s field office 

19 employees in risk-based and safety management sys20 tem oversight; and 

21 (6) such other matters related to streamlining 

22 part 91 authorization and approval processes as the 

23 task force considers appropriate. 

24 (c) REPORT TO CONGRESS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 shall submit to the Committee on Transportation 

4 and Infrastructure of the House of Representatives 

5 and the Committee on Commerce, Science, and 

6 Transportation of the Senate a report on the results 

7 of the task force’s assessment. 

8 (2) CONTENTS.—The report shall include an 

9 explanation of how the Administrator will— 

10 (A) implement the recommendations of the 

11 task force; 

12 (B) measure progress in implementing the 

13 recommendations; and 

14 (C) measure the effectiveness of the imple15 mented recommendations. 

16 (d) IMPLEMENTATION OF RECOMMENDATIONS.—Not 

17 later than 18 months after the date of enactment of this 

18 Act, the Administrator shall implement the recommenda19 tions made under this section. 

20 (e) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 (1) FAA.—The term ‘‘FAA’’ means the Fed23 eral Aviation Administration. 

24 (2) PART 91.—The term ‘‘part 91’’ means part 

25 91 of title 14, Code of Federal Regulations. 


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1 (f) APPLICABLE LAW.—Public Law 92–463 shall not 

2 apply to the task force. 

3 (g) SUNSET.—The task force shall terminate on the 

4 day the Administrator submits the report required under 

5 subsection (c). 

6 SEC. 613. AIRCRAFT REGISTRATION. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration shall initiate a rulemaking to increase the du10 ration of aircraft registrations for noncommercial general 

11 aviation aircraft to 10 years. 

12 SEC. 614. COMMUNITY INVOLVEMENT IN FAA NEXTGEN 

13 PROJECTS LOCATED IN METROPLEXES. 

14 (a) COMMUNITY INVOLVEMENT POLICY.—Not later 

15 than 180 days after the date of enactment of this Act, 

16 the Administrator of the Federal Aviation Administration 

17 shall complete a review of the Federal Aviation Adminis18 tration’s community involvement practices for Next Gen19 eration Air Transportation System (NextGen) projects lo20 cated in metroplexes identified by the Administration. The 

21 review shall include, at a minimum, a determination of 

22 how and when to engage airports and communities in per23 formance based navigation proposals. 

24 (b) REPORT.—Not later than 60 days after comple25 tion of the review, the Administrator shall submit to the 


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1 Committee on Transportation and Infrastructure of the 

2 House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate a report 

4 on— 

5 (1) how the Administration will improve com6 munity involvement practices for NextGen projects 

7 located in metroplexes; 

8 (2) how and when the Administration will en9 gage airports and communities in performance based 

10 navigation proposals; and 

11 (3) lessons learned from NextGen projects and 

12 pilot programs and how those lessons learned are 

13 being integrated into community involvement prac14 tices for future NextGen projects located in 

15 metroplexes. 

16 SEC. 615. AIR TRANSPORTATION OF LITHIUM CELLS AND 

17 BATTERIES. 

18 (a) COOPERATIVE EFFORTS TO ENSURE COMPLI19 ANCE WITH SAFETY REGULATIONS.— 

20 (1) IN GENERAL.—The Secretary of Transpor21 tation, in coordination with appropriate Federal 

22 agencies, shall carry out cooperative efforts to en23 sure that shippers who offer lithium ion and lithium 

24 metal batteries for air transport to or from the 


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1 United States comply with U.S. Hazardous Mate2 rials Regulations and ICAO Technical Instructions. 

3 (2) COOPERATIVE EFFORTS.—The cooperative 

4 efforts the Secretary shall carry out pursuant to 

5 paragraph (1) include the following: 

6 (A) Encouraging training programs at lo7 cations outside the United States from which 

8 substantial cargo shipments of lithium ion or 

9 lithium metal batteries originate for manufac10 turers, freight forwarders, and other shippers 

11 and potential shippers of lithium ion and lith12 ium metal batteries. 

13 (B) Working with Federal and inter14 national transportation agencies to ensure en15 forcement of U.S. Hazardous Materials Regula16 tions and ICAO Technical Instructions with re17 spect to shippers who offer noncompliant ship18 ments of lithium ion and lithium metal bat19 teries. 

20 (C) Providing information in brochures 

21 and on the Internet in appropriate foreign lan22 guages and dialects that describes the actions 

23 required to comply with U.S. Hazardous Mate24 rials Regulations and ICAO Technical Instruc25 tions. 


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1 (D) Developing joint efforts with the inter2 national aviation community to promote a bet3 ter understanding of the requirements of and 

4 methods of compliance with U.S. Hazardous 

5 Materials Regulations and ICAO Technical In6 structions. 

7 (3) REPORTING.—Not later than 120 days after 

8 the date of enactment of this Act, and annually 

9 thereafter for 2 years, the Secretary shall submit to 

10 the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee 

12 on Commerce, Science, and Transportation of the 

13 Senate a report on the cooperative efforts carried 

14 out, or planned to be carried out, under paragraph 

15 (1). 

16 (4) DEFINITIONS.—In this subsection, the fol17 lowing definitions apply: 

18 (A) ICAO TECHNICAL INSTRUCTIONS.— 

19 The term ‘‘ICAO Technical Instructions’’ has 

20 the meaning given that term in section 828(c) 

21 of the FAA Modernization and Reform Act of 

22 2012 (49 U.S.C. 44701 note). 

23 (B) U.S. HAZARDOUS MATERIALS REGULA24 TIONS.—The term ‘‘U.S. Hazardous Materials 

25 Regulations’’ means the regulations in parts 


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1 100 through 177 of title 49, Code of Federal 

2 Regulations (including amendments adopted 

3 after the date of enactment of this Act). 

4 (b) LITHIUM ION BATTERY AIR SAFETY ADVISORY

5 COMMITTEE.— 

6 (1) ESTABLISHMENT.—Not later than 60 days 

7 after the date of enactment of this Act, the Sec8 retary shall establish, in accordance with the re9 quirements of the Federal Advisory Committee Act 

10 (5 U.S.C. App.), a lithium ion battery air safety ad11 visory committee (in this subsection referred to as 

12 the ‘‘Committee’’). 

13 (2) DUTIES.—The Committee shall— 

14 (A) facilitate communication between man15 ufacturers of lithium ion cells and batteries, 

16 manufacturers of products incorporating both 

17 large and small lithium ion batteries, air car18 riers, and the Federal Government regarding 

19 the safe air transportation of lithium ion cells 

20 and batteries and the effectiveness and eco21 nomic and social impacts of the regulation of 

22 such transportation; 

23 (B) provide the Secretary, the Federal 

24 Aviation Administration, and the Pipeline and 

25 Hazardous Materials Safety Administration 


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1 with timely information about the development 

2 of lithium ion battery technology and transpor3 tation safety practices and methodologies; 

4 (C) provide a forum for the Secretary to 

5 provide information on and to discuss the ac6 tivities of the Department of Transportation re7 lating to lithium ion battery transportation 

8 safety, the policies underlying the activities, and 

9 positions to be advocated in international fo10 rums; 

11 (D) provide a forum for the Secretary to 

12 provide information and receive advice on— 

13 (i) activities carried out throughout 

14 the world to communicate and enforce rel15 evant United States regulations and the 

16 ICAO Technical Instructions (as defined in 

17 subsection (a)(4)); and 

18 (ii) the effectiveness of the activities; 

19 and 

20 (E) provide advice and recommendations to 

21 the Secretary with respect to lithium ion bat22 tery transportation safety. 

23 (3) MEMBERSHIP.—The Committee shall be 

24 composed of the following members: 


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1 (A) Individuals appointed by the Secretary 

2 to represent— 

3 (i) large volume manufacturers of lith4 ium ion cells and batteries; 

5 (ii) domestic manufacturers of lithium 

6 ion batteries or battery packs; 

7 (iii) manufacturers of consumer prod8 ucts powered by lithium ion batteries; 

9 (iv) manufacturers of vehicles powered 

10 by lithium ion batteries; 

11 (v) marketers of products powered by 

12 lithium ion batteries; 

13 (vi) cargo air service providers based 

14 in the United States; 

15 (vii) passenger air service providers 

16 based in the United States; 

17 (viii) employees of air service pro18 viders described in clauses (vi) and (vii); 

19 and 

20 (ix) employees of the Department of 

21 Transportation. 

22 (B) Representatives of such other Govern23 ment departments and agencies as the Sec24 retary determines appropriate. 


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1 (C) Any other individuals the Secretary de2 termines are appropriate to comply with Fed3 eral law. 

4 (4) REPORT.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the establishment of the Committee, 

7 the Committee shall submit to the Secretary, 

8 the Committee on Transportation and Infra9 structure of the House of Representatives, and 

10 the Committee on Commerce, Science, and 

11 Transportation of the Senate a report that— 

12 (i) describes and evaluates the steps 

13 being taken in the private sector and by 

14 international regulatory authorities to im15 plement and enforce requirements relating 

16 to the safe transportation of bulk ship17 ments of lithium ion cells and batteries; 

18 and 

19 (ii) identifies any areas of enforce20 ment or regulatory requirements for which 

21 there is consensus that greater attention is 

22 needed. 

23 (B) INDEPENDENT STATEMENTS.—Each 

24 member of the Committee shall be provided an 

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1 ment of views with the report submitted pursu2 ant to subparagraph (A). 

3 (5) TERMINATION.—The Committee shall ter4 minate on the date that is 6 years after the date on 

5 which the Committee is established. 

6 (6) TERMINATION OF FUTURE OF AVIATION AD7 VISORY COMMITTEE.—The Future of Aviation Advi8 sory Committee shall terminate on the date on which 

9 the lithium ion battery air safety advisory committee 

10 is established. 

11 (c) CARRIAGE OF LITHIUM ION BATTERIES AS

12 CARGO ON PASSENGER AIRCRAFT.— 

13 (1) RULEMAKING PROCEEDING.—The Secretary 

14 of Transportation shall conduct a rulemaking pro15 ceeding to implement the amendments to the ICAO 

16 Technical Instructions related to the carriage of lith17 ium ion batteries as cargo on passenger aircraft. 

18 (2) HARMONIZATION WITH ICAO TECHNICAL IN19 STRUCTIONS.—The Secretary (including any des20 ignee of the Secretary) may not issue or enforce any 

21 regulation or other requirement regarding the trans22 portation by aircraft of lithium ion cells or batteries, 

23 whether transported separately or packed with or 

24 contained in equipment, if the requirement is more 


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1 stringent than the requirements of the ICAO Tech2 nical Instructions (as defined in subsection (a)(4)). 

3 (d) PACKAGING IMPROVEMENTS.—Not later than 

4 180 days after the date of enactment of this Act, the Sec5 retary, in consultation with interested stakeholders, shall 

6 submit to the Committee on Transportation and Infra7 structure of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate an evaluation of current practices for the pack10 aging of lithium ion batteries and cells, including rec11 ommendations, if any, to improve the packaging of such 

12 batteries and cells in a safe, efficient, and cost-effective 

13 manner. 

14 SEC. 616. REMOTE TOWER PILOT PROGRAM FOR RURAL OR 

15 SMALL COMMUNITIES. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall establish a pilot program under which, upon 

19 approval of an application submitted by an operator of a 

20 public-use airport, the Secretary shall install and operate 

21 at the airport a remote air traffic control tower in order 

22 to assess the operational benefits of remote air traffic con23 trol towers. 

24 (b) APPLICATIONS.—The operator of an airport seek25 ing to participate in the pilot program shall submit to the 


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1 Secretary for approval an application that is in such form 

2 and contains such information as the Secretary may re3 quire. 

4 (c) SELECTION CRITERIA.— 

5 (1) SELECTION OF AIRPORTS.—From among 

6 the applications submitted under subsection (b), the 

7 Secretary, after consultation with representatives of 

8 labor organizations representing operators and em9 ployees of the air traffic control system, shall select 

10 for participation in the pilot program 7 airports as 

11 follows: 

12 (A) 1 nonhub, primary airport. 

13 (B) 3 nonprimary airports without existing 

14 air traffic control towers. 

15 (C) 2 airports with air traffic control tow16 ers participating in a program established 

17 under section 47124 of title 49, United States 

18 Code. 

19 (D) 1 airport selected at the discretion of 

20 the Secretary. 

21 (2) PRIORITY SELECTION.—In selecting from 

22 among the applications submitted under subsection 

23 (b), the Secretary shall give priority to applicants 

24 that can best demonstrate the capabilities and po25 tential of remote air traffic control towers. 


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1 (3) AUTHORITY TO REALLOCATE AIRPORT SE2 LECTION.—If the Secretary receives an insufficient 

3 number of applications, the Secretary may reallocate 

4 the distribution of airport sites described in para5 graph (1). 

6 (4) MULTIPLE REMOTE FACILITIES.—If prac7 ticable and necessary, the 2 remote air traffic con8 trol towers installed at reliever airports pursuant to 

9 paragraph (1)(B) may co-locate remote facilities to 

10 assess the benefits and efficiencies of consolidating 

11 such facilities. 

12 (d) ASSET CLASSIFICATION.—A remote air traffic 

13 control tower, including ancillary equipment, installed with 

14 Government funds pursuant to this section shall be consid15 ered to be an air navigation facility. 

16 (e) SAFETY RISK MANAGEMENT PANEL.— 

17 (1) SAFETY RISK MANAGEMENT PANEL MEET18 ING.—Prior to the operational use of a remote air 

19 traffic control tower, the Secretary shall convene a 

20 safety risk management panel for the tower to ad21 dress any safety issues with respect to the tower. 

22 (2) SAFETY RISK MANAGEMENT PANEL BEST

23 PRACTICES.—The safety risk management panels 

24 shall be created and utilized in a manner similar to 

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1 tablished for remote air traffic control towers, taking 

2 into account best practices that have been developed. 

3 (f) DEFINITIONS.— 

4 (1) IN GENERAL.—In this section, the following 

5 definitions apply: 

6 (A) AIR NAVIGATION FACILITY.—The term 

7 ‘‘air navigation facility’’ has the meaning given 

8 that term in section 40102(a) of title 49, 

9 United States Code. 

10 (B) REMOTE AIR TRAFFIC CONTROL

11 TOWER.—The term ‘‘remote air traffic control 

12 tower’’ means a remotely operated air naviga13 tion facility, including all necessary system com14 ponents, that provides the functions and capa15 bilities of an air traffic control tower. 

16 (2) APPLICABILITY OF OTHER DEFINITIONS.— 

17 The terms ‘‘nonhub airport’’, ‘‘primary airport’’, 

18 ‘‘public-use airport’’, and ‘‘reliever airport’’ have the 

19 meanings given such terms in section 47102 of title 

20 49, United States Code. 

21 (g) SUNSET.—The pilot program shall terminate on 

22 the day before the date of transfer, as defined in section 

23 90101(a) of title 49, United States Code, as added by this 

24 Act. 

Æ 


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