1 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

114–428 

Calendar No. 715 

FEDERAL AVIATION ADMINISTRATION 

REAUTHORIZATION ACT OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2658 

together with 

ADDITIONAL VIEWS 

DECEMBER 20, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 10 

(legislative day, December 9), 2016 


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FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION ACT OF 2016 


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U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–428 

Calendar No. 715 

FEDERAL AVIATION ADMINISTRATION 

REAUTHORIZATION ACT OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2658 

together with 

ADDITIONAL VIEWS 

DECEMBER 20, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 10 

(legislative day, December 9), 2016 


SSpencer on DSK4SPTVN1PROD with REPORTScongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1FAA, The Economic Impact of Civil Aviation on the U.S. Economy, June 2014, p. 5. 

Calendar No. 715 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–428 

FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION 

ACT OF 2016 

DECEMBER 20, 2016.—Ordered to be printed 

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

December 9), 2016 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2658] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2658) to amend title 49, United 

States Code, to authorize appropriations for the Federal Aviation 

Administration for fiscal years 2016 through 2017 and for other 

purposes, having considered the same, reports favorably thereon 

with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 2658, as reported, is to authorize various Federal aviation programs and policies, including funding for the Federal Aviation Administration (FAA). The bill also seeks to address 

important issues related to infrastructure development, air traffic 

control operations, aviation safety, airline consumer protections, 

unmanned aircraft systems (UAS), aircraft certification, and small 

community air service. 

BACKGROUND AND NEEDS

Civil aviation accounts for more than five percent of U.S. gross 

domestic product and supports nearly 12 million American jobs.1


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2Department of Transportation, Bureau of Transportation Statistics, at http:// 

www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/nationalltransportationlstatistics/ 

html/tablel01l03.html. 3 CDM Smith, The Economic Impact of Commercial Airports, September 2014, p. 1, at http:// 

airportsforthefuture.org/files/2014/09/Economic-Impact-of-Commercial-Aviation-201pdf. 4General Aviation Manufacturers Association, 2015 General Aviation Statistical Databook & 

2016 Industry Outlook, 2016, p. 2, at https://www.gama.aero/files/ 

GAMAl2015lDatabooklLoRes%20updated%203-29-2016.pdf. 5General aviation does not include scheduled commercial flights or military flights. 

6Federal Aviation Administration, The Economic Impact of Civil Aviation on the U.S. Economy, June 2014, p. 5. 7 Id. 

8Operations and Maintenance (O&M) is the only FAA account that is funded, in part, by General Fund contributions. The O&M account principally funds air traffic operations and aviation 

safety programs. 9The Facilities and Equipment (F&E) account provides funding for the acquisition and maintenance of air traffic facilities and equipment, and for engineering, development, testing, and 

evaluation of technologies related to the federal air traffic system. 10The Research, Engineering, and Development (RE&D) account finances research on improving aviation safety and operational efficiency and reducing environmental impacts of aviation 

operations. 11This account funds the Airport Improvement Program (AIP), which provides federal grantsin-aid for projects such as new runways and taxiways; runway lengthening, rehabilitation, and 

repair; and noise mitigation near airports. 12This list includes only those taxes that are deposited into the Trust Fund, not other fees 

such as the $5.60 one-way security fee on airline passengers. 

The aviation industry encompasses several different sectors, including commercial aviation, airports, general aviation, and manufacturing. The success of these sectors is dependent upon a safe, efficient, and modern air traffic control (ATC) system; a well-maintained and vast airport network; an innovative and robust manufacturing sector; and efficient and effective regulatory processes. 

The United States has roughly 19,453 airports providing services 

to our aviation system, and, in many communities, they are key 

economic drivers.2 The 485 commercial airports in the United 

States support about 9.6 million jobs and produce an annual output 

of $1.1 trillion.3 General aviation (GA) in the United States is reported to have a total economic output of $219 billion and support 

roughly 1.1 million jobs.4 GA represents a broad range of aviation 

activities, including business, recreation, agriculture, law enforcement, air ambulance operations, and disaster relief.5 In 2012, civil 

aircraft manufacturing was a top net exporter, with a positive 

trade balance of $54.3 billion.6 Between the end of the 2008 recession and 2014, real U.S. economic growth averaged 2.4 percent per 

year, but in the same time frame, the real primary output of civil 

aviation grew an average of 3.9 percent a year.7

Aviation funding 

The FAA’s total enacted budget for fiscal year (FY) 2016 is 

roughly $16.5 billion. Within that budget are four different accounts: Operations and Maintenance ($9.90 billion)8; Facilities and 

Equipment ($2.85 billion);9 Research, Engineering, and Development ($166 million);10 and Grants-In-Aid for Airports ($3.60 billion).11 These four accounts are funded through two different 

sources: the Airport and Airway Trust Fund (Trust Fund) and the 

General Fund of the Treasury. The Trust Fund was created in 1970 

and is directly supported through revenues collected from a series 

of excise taxes paid by users of the national airspace system as follows:12

∑ 7.5 percent passenger ticket tax. 


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13Flight Segment Fees do not apply to flight segments to or from a rural airport, defined as 

those that have fewer than 100,000 passengers per year. 14 CRS Report R43858, Issues in the Reauthorization of the Federal Aviation Administration 

(FAA), by Bart Elias and Rachel Tang. 

∑ $4.00 passenger flight segment fee.13

∑ 6.25 percent freight waybill tax. 

∑ $17.70 international departure and arrival taxes. 

∑ $8.90 Alaska and Hawaii international air facilities tax. 

∑ 7.5 percent frequent flyer award tax. 

∑ Aviation fuel taxes as follows: 

o 4.3 cents/gallon on commercial jet fuel. 

o 19.3 cents/gallon on GA gasoline. 

o 21.8 cents/gallon on GA jet fuel. 

o 14.1 cents/gallon Fractional Ownership Surtax on GA jet fuel. 

According to the Treasury, these taxes raised about $14.5 billion 

in FY 2015, including the following amounts: 

∑ $9.8 billion from the passenger ticket taxes. 

∑ $3.3 billion from the international departure and arrival taxes. 

∑ $496 million from the freight waybill tax. 

∑ $410 million from the commercial aviation fuel taxes. 

∑ $209 million from GA fuel taxes. 

The Trust Fund continues to earn interest on its cash balance; 

interest contributed roughly $273 million in FY 2015. 

Airport Grants and Financing 

To finance daily operations, airports generate and rely on both 

aeronautical and non-aeronautical revenue. The primary source of 

aeronautical (or airside) revenue is derived from fees that airlines 

pay for the use and maintenance of the airport facilities, including 

terminal rents, landing fees, and other airport services (e.g., use of 

a jet bridge). Non-aeronautical (or terminal and landside) revenue 

includes those funds generated through things such as concessions, 

parking and airport access, rental car operations, and land rent. To 

finance capital needs, airports use a combination of Federal grant 

funding (through the FAA’s Airport Improvement Program (AIP)), 

passenger facility charges (PFCs), airport revenues, tax-exempt 

bonds (often secured by airport revenue or PFCs), and State or 

local grants. 

Airport Improvement Program – AIP grant funding is usually 

limited to capital improvements related to aircraft operations and 

tied to improvements related to safety, capacity, and environmental 

concerns. Commercial revenue-producing portions of airports and 

airport terminals are generally not eligible for AIP funding. There 

were 3,345 public-use airports (3,331 existing and 14 proposed) 

identified in FY 2015 in the National Plan of Integrated Airport 

Systems (NPIAS) as eligible for AIP grants. 

Passenger Facility Charge – PFCs are a federally-authorized local 

charge, subject to FAA approval, collected from passengers by the 

airlines per flight segment and paid directly to the airport without 

going through the Federal Treasury. They are intended to complement AIP by providing funds for projects that are not AIP-eligible, in addition to providing supplemental funds for runways, 

taxiways, and other airport improvements.14 PFCs can also be used 


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15Government Accountability Office, Air Traffic Control System: Selected Stakeholders’ Perspectives on Operations, Modernization, and Structure, September 12, 2014, p. 38. 

to finance debt to enable airports to undertake terminal construction projects to increase competition and capacity that are not eligible for AIP funds. Currently, the statute authorizing the PFC stipulates that no airport may charge a PFC of more than $4.50 per 

passenger and, to limit the impact of multiple connections on travelers, PFCs may only be charged on two segments of a one-way 

trip, effectively capping total PFCs at $18 for any round trip. Currently, 357 airports are approved by the FAA to collect PFC revenues for specific projects. In calendar year (CY) 2015, $3.02 billion 

was collected and $3.13 billion is expected to be collected in CY 

2016. 

FAA Safety, Management, and Organizational Issues 

Safety – The U.S. commercial aviation system has an impressive 

safety record. In September 2014, the Government Accountability 

Office (GAO) reported that, of the 76 industry and labor stakeholders interviewed about challenges associated with the Nation’s 

ATC system, 71 characterized the system as ‘‘very’’ to ‘‘extremely’’ 

safe.15 The FAA Modernization and Reform Act of 2012 (FMRA; 

P.L. 112–95) contained a number of provisions to improve aviation 

safety, including provisions addressing aviation worker training, 

FAA facility staffing, and expeditious certification of new safety-enhancing technologies. Additionally, in 2010, Congress passed the 

Airline Safety and Federal Aviation Administration Extension Act 

of 2010 (P.L. 111–216), which contained a number of provisions to 

address safety concerns raised in the wake of the accident of 

Colgan flight 3407 near Buffalo in 2009. That law, among other 

things, directed the FAA to finalize regulations to reduce pilot fatigue and to improve airline pilot training and minimum qualifications. The FAA has implemented many of these provisions, but has 

yet to complete work on the requirement for a centralized database 

of pilot records, among other things. 

Certification and Regulatory Reform – The FAA is responsible for 

issuing design and manufacturing approvals for manufacturers’ applications related to aircraft, aircraft engines and propellers, as 

well as other aircraft parts and appliances (aircraft and aircraft 

components). To ensure the safety of aircraft and aircraft components, the agency has developed a set of safety standards for them. 

The FAA also sets the standards for certification and oversight of 

airmen, air operators, air agencies, and designees. The agency further conducts inspections, surveillance, investigations, enforcement 

actions, and manages the system for registration of civil aircraft 

and all airmen records. 

In response to stakeholder concerns related to certification delays 

and inconsistent regulatory interpretation of certification standards 

and processes, the FMRA contains two provisions. Section 312 of 

the FMRA (49 U.S.C. 44704 note) requires the FAA to develop a 

plan to streamline certification processes. Section 313 of the FMRA 

(49 U.S.C. 44701 note) directs the FAA to develop and implement 

a plan to address inconsistencies in regulatory interpretation in 

certification. In response to Aviation Rulemaking Committee recommendations, the FAA issued the first version of its implementaVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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16Testimony of Assistant Inspector General for Aviation Audits Matthew E. Hampton, in U.S. 

Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Aviation Operations, Safety, and Security, NextGen: A Review of Progress, Challenges, and Opportunities for Improving Aviation Safety and Efficiency, hearings, 113th Cong., 2nd sess., June 25, 

2014, S.Hrg. 113-669 (Washington, DC: GPO, 2014). 17Federal Aviation Administration. ‘‘NextGen Implementation Plan,’’ August 2014, at http:// 

www.faa.gov/nextgen/library/media/nextgenlimplementationlplanl2014.pdf. 18 U.S. Department of Transportation, Office of Inspector General Audit Report, Addressing 

Underlying Causes for NextGen Delays Will Require Sustained FAA Leadership and Action, FebContinued 

tion plans for section 312 in January 2013. The FAA has since released periodic updates of this plan. Section 313’s implementation 

plan was released on January 20, 2015. 

Even with recent actions, stakeholders have expressed lingering 

concerns about various aspects of the certification process and are 

urging additional improvements. Under the Organization Designation Authorization (ODA) program, the FAA may delegate authority (to a qualified private person or company) related to issuing certificates or the examination, testing, and inspection necessary to 

issue a certificate. Many manufacturers believe that the ODA program needs more consistency, particularly as it relates to full utilization of the ODA authority. There are also concerns about recurrent training, knowledge transfers, and e-learning opportunities to 

ensure the relevant FAA workforce possesses technical expertise in 

new and evolving technologies, and the extent to which the FAA 

supports U.S. manufacturers seeking approval for products internationally that have been certified by the FAA. 

NextGen and ATC Reform – Beginning in the early 1980s, the 

FAA started its effort to modernize the ATC system. While this effort has morphed over the years through a number of programs, in 

2004, Congress first authorized the current iteration of the Next 

Generation Air Transportation System (NextGen), which is a significant, large-scale effort to modernize our Nation’s ATC system. 

NextGen is a $40 billion program initially slated to be completed 

by 2025 to transition the Nation’s airspace from a 1950s radarbased system to advanced-technology air-traffic management.16

NextGen is a fundamental reengineering of our Nation’s airspace 

to increase capacity and reduce congestion and delays, while further improving safety and reducing aviation’s environmental footprint. NextGen currently comprises several major programs, including EnRoute Automation Modernization (ERAM), Data Communications (DataComm), Automatic Dependent SurveillanceBroadcast (ADS-B), and Terminal Automation Modernization and 

Replacement (TAMR).17 These programs, along with other NextGen 

programs, are intended to improve the safety and efficiency of the 

Nation’s airspace by permitting aircraft to avoid congestion-related 

delays, fly more direct routes, and ultimately fly more closely together by virtue of improved ATC surveillance technology. Reduced 

fuel consumption has led to a reduction in carbon dioxide emissions 

and environmental benefits that will continue to accrue as more 

NextGen programs are put in place. 

However, as with previous ATC modernization efforts, concerns 

have been raised regarding the FAA’s implementation of NextGen 

technology and procedures. In 2014, the Department of Transportation’s Inspector General (DOT IG) found that ‘‘[l]ongstanding programmatic and organization challenges . . . further undermine 

NextGen’s progress.’’18 In addition, the DOT IG stated that the 


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ruary 25, 2014, p. 2, at https://www.oig.dot.gov/sites/default/files/ 

FAA%20Underlying%20Causes%20for%20NextGen%20Delays%5E2-25-14.pdf. 19 Ibid. 20 Id. at 39. 21Teal Group Corporation, ‘‘Teal Group Predicts Worldwide UAV Market Will Total $91 Billion in Its 2014 UAV Market Profile and Forecast’’, press release, July 17, 2014, at http:// 

www.tealgroup.com/index.php/about-teal-group-corporation/press-releases/118-2014-uav-press-release. 

FAA’s NextGen plans were ‘‘overly ambitious’’, and that the agency 

has ‘‘yet to develop an executable implementation plan that addresses costs and technology development and integration.’’19 In 

September 2014, the GAO reported that, when interviewing stakeholders regarding the FAA’s capability in overall NextGen implementation, three times as many stakeholders said implementation 

‘‘was not going well’’ compared to those who said it was.20

There have recently been proposals to move the Air Traffic Organization outside of the FAA. On February 3, 2016, Representative 

Bill Shuster, Chairman of the Transportation and Infrastructure 

(T&I) Committee of the House of Representatives, introduced an 

FAA reauthorization proposal, H.R. 4441, the Aviation Innovation, 

Reform, and Reauthorization Act of 2016, which would create a 

not-for-profit, non-governmental corporation to handle day-to-day 

air traffic control in the United States. On February 11, 2016, the 

T&I Committee marked up and reported out H.R. 4441 by a vote 

of 34-25. 

The Committee on Commerce, Science, and Transportation of the 

Senate held a hearing on the issue and, though such a proposal 

was not included in the Committee reported version, debate on the 

air traffic control reform is expected to continue. 

UAS – FMRA defined UAS as unmanned aircraft and associated 

elements that are required for the pilot in command to operate 

safely and efficiently in the national air system (NAS), including 

communication links and the components that control the unmanned aircraft. UAS can be operated by remote or ground control 

station and vary greatly in size, from a wingspan as large as a Boeing 737 to smaller than a radio-controlled model airplane. They are 

typically classified by weight, and described in terms of endurance, 

purpose of use, and altitude of operation. As the FAA moves forward with UAS integration, new markets and new opportunities 

for unmanned aviation are likely to continue to emerge. 

While the military had for years been the primary user of UAS 

and, to some degree, had driven public perception of unmanned aircraft, civil unmanned aircraft systems use is on the rise. In particular, there has been a growing interest in developing public, 

civil, and commercial opportunities to employ UAS to conduct a 

wide variety of functions more efficiently, and at a lower cost and 

safety risk, than manned aircraft. These non-military UAS applications could serve a variety of purposes, including agricultural surveys, pipeline inspections, forest fire monitoring, and law enforcement, and could support nearly $91 billion in UAS worldwide market growth over the next decade.22 UAS present a new set of technical safety considerations for regulators at the FAA, such as 

‘‘sense and avoid’’ considerations, and command and control link reliability. And, given their size and unique characteristics, certification requirements for small unmanned aircraft in the NAS may 


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be considered differently from other aircraft. FAA actions in the 

last 2 years on UAS include: 

∑ On February 15, 2015, the FAA announced a Notice of Proposed Rulemaking regarding ‘‘small’’ UAS that would allow routine 

use of UAS weighing up to 55 pounds in the NAS. 

∑ By September 2014, six test sites selected by the FAA in December 2013 (more than a year after the FMRA deadline of August 

2012) for non-Federal entities to test UAS became operational. 

∑ On June 21, 2016, the FAA finalized the new rules for small 

UAS (FMRA had contemplated the final rulemaking by August 14, 

2014). 

As the FAA works on the safe integration of UAS, which primarily deals with concerns about the safety risk of UAS interfering 

with manned aircraft in the national airspace and the uninvolved 

public, the debate regarding privacy considerations and related protections continues. These issues range from potential warrantless 

surveillance by law enforcement to invasion of privacy and data 

collection by private parties. 

Aviation Programs under DOT Purview 

Several important aviation programs are managed within the Office of the Secretary of Transportation. 

Essential Air Service (EAS) – The Airline Deregulation Act of 

1978 (ADA; P.L. 95–504) gave airlines freedom to determine which 

markets to serve domestically and what fares to charge for that 

service. The EAS program was put into place to guarantee that 

small communities regularly served by airlines before deregulation 

maintained a minimal level of scheduled air service after deregulation. To fulfill the mandate to provide EAS communities with access to the national air transportation system, the DOT generally 

subsidizes two to four round trips per day to a major hub airport. 

The DOT currently subsidizes air service to approximately 155 

smaller and rural communities across the country that otherwise 

would not receive any scheduled air service. 

The EAS has been funded at the following levels since the enactment of the FMRA: $232 million in FY 2013; $246 million in FY 

2014; $261 million in FY 2015; and about $275 million in FY 2016. 

The majority of funding is derived from appropriations (e.g., $175 

million in FY 2016) with the remainder coming from revenues generated by the FAA from overflight fees (i.e., ATC fees charged to 

aircraft that fly through U.S. airspace without taking off or landing 

in the United States). 

Small Community Air Service Development Program (SCASDP) – 

This relatively small grant program, established in 2000, was designed to help small communities address air service and airfare 

issues. Candidate communities for program participation are limited to those where the airport is not larger than a primary small 

hub (based on calendar year 1997 data), the service is insufficient, 

and the air fares to the community are unreasonably high. FMRA 

authorized SCASDP funding of $6 million per year through FY 

2015; however, $5 million was appropriated (off the top of the AIP 

account) for FY 2016. 

Aviation Consumer Protection – Deregulation of the airline industry in 1978 eliminated the Federal Government’s control over many 

airline business practices, including pricing and domestic route seVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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lection. However, the Federal Government continues to legislate 

and enforce certain consumer protections for airline passengers. 

Most of DOT’s consumer rules are based on section 41712 of title 

49, United States Code, which directs it to ‘‘protect consumers from 

unfair or deceptive practices.’’ Some are based on DOT’s authority 

to require air carriers in interstate transportation to provide ‘‘safe 

and adequate service’’ (49 U.S.C. 41702). In specific cases, DOT 

may take enforcement actions against air carriers that violate consumer protection rules. Further, the Air Carrier Access Act of 1986 

(P.L. 99–435; 100 Stat. 1080) dictates protections, enforced by the 

DOT, for passengers with disabilities at airports and on airlines. 

In the last 6 years, there have been several significant developments in the area of consumer protection. In December 2009, and 

again in April 2011, the DOT issued final rules that expanded regulatory protections to aviation consumers. The rules also required 

consumer access to accurate and adequate information when selecting flights, including full-fare advertising, and improvements in 

agency responsiveness to customer complaints. A proposal for a 

third rule was issued in May 2014, but has not been finalized. 

SUMMARY OF PROVISIONS

Airports 

∑ Supports job creation and improves safety with increased infrastructure investment by authorizing funding for the Airport Improvement Program at $3.75 billion, a $400 million increase. 

∑ Streamlines the Passenger Facility Charge application process 

to eliminate unnecessary paperwork. 

Unmanned Aircraft Systems (UAS or ‘‘drones’’) 

∑ Directs the development of consensus safety standards for 

UAS, to be coordinated by the National Institute of Standards and 

Technology (NIST) and the FAA in consultation with industry, to 

enhance the safety features built into drones and parameters for 

operators. 

∑ Enhances privacy by directing the development of standards to 

remotely identify UAS (to improve identification of illicit operators), declaring as national policy that UAS should be operated in 

a manner that protects personal privacy, encouraging commercial 

UAS users to adopt written privacy policies, and increasing transparency and accountability for government and commercial use of 

UAS. 

∑ Promotes safety by requiring UAS users to pass an FAA-approved online aeronautical safety test before flying. This ensures 

users understand the national airspace system and avoid manned 

aircraft. Operators of UAS weighing less than 0.55 pounds could be 

exempted from the testing requirement. 

∑ Authorizes FAA initiatives to better enforce applicable laws 

and reduce UAS risks. 

∑ Authorizes FAA pilot programs to intercept drones near airports and critical infrastructure. 

∑ Fosters innovation by authorizing expanded case-by-case exemptions for beyond visual-line-of sight and nighttime operations, 

as well as for research and development and commercial purposes. 


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∑ Directs the FAA to coordinate with the National Aeronautics 

and Space Administration (NASA) to carry out a pilot program to 

test UAS traffic management, known as ‘‘UTM.’’ 

∑ Improves UAS test sites, first authorized in 2012, by more 

clearly directing research priorities, improving coordination with 

the FAA, and enhancing protections for proprietary information to 

encourage engagement with the private sector. 

∑ Requires the DOT to establish a UAS delivery air carrier certificate that would allow for package deliveries by UAS. 

∑ Directs the FAA to establish operating rules specific to ‘‘micro’’ 

UAS, which weigh 4.4 lbs. or less. 

∑ Streamlines the approval process for the safe operation of UAS 

at institutions of higher education. 

∑ Establishes a process for the FAA to designate areas where 

UAS may not fly, for example around critical infrastructure, chemical facilities, or amusement parks. 

∑ Directs the FAA to coordinate development of consensus UAS 

industry manufacturing standards to enhance safety, including to 

sense and avoid, lost link, identification, detectability, and other 

safety technology. 

Aircraft Certification Reform 

∑ Streamlines certification processes by establishing an advisory 

committee to recommend improvements and ensure consistency, requiring the FAA to better utilize its existing delegation authorities, 

and measuring how the FAA and industry are performing their respective certification responsibilities to ensure accountability. 

∑ Requires the FAA to focus on international engagement and 

leadership related to U.S.-developed standards to facilitate approvals of U.S. aerospace products and services abroad. 

∑ Maintains the quality of the FAA safety workforce by assessing 

relevant FAA employee training needs, reviewing the current hiring and training requirements, analyzing the skills and qualifications of aviation safety inspectors and engineers, and developing 

knowledge-sharing opportunities. 

Consumer Protection and Aviation Access 

∑ Reauthorizes the DOT’s Advisory Committee for Aviation Consumer Protection. 

∑ Provides for an update, by notice and comment rule, of onboard 

emergency medical kit contents. 

∑ Directs the DOT to review circumstances that may impact travelers to and from small communities, including canceled flights, involuntary changes to itineraries, and pilot supply. 

∑ Maintains support for small community air service through the 

reauthorization of the Essential Air Service Program and the Small 

Community Air Service Development Program. 

∑ Requires airlines, after appropriate rulemaking by the DOT, to 

provide refunds for delayed baggage, provide notice to families with 

children regarding seat assignments, standardize the disclosure of 

ancillary fees to passengers, and provide automatic refunds for 

services paid for, but not received. 

∑ Strengthens consumer complaint information notification at 

airlines and improves the DOT’s online communications tools for 

the traveling public. 


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∑ Takes steps to improve air travel for persons with disabilities 

by requiring a review of training and best practices by airports and 

airlines and creating an ongoing advisory committee. 

∑ Authorizes the DOT to ban cell phone calls during airline 

flights. 

Airline Safety Improvements 

∑ Directs the DOT to implement internationally-approved safety 

standards on bulk transport of lithium batteries and review existing regulations and potential improvements to battery safety. 

∑ Improves a voluntarily safety reporting program for pilots. 

∑ Enhances requirements related to mental health screening for 

commercial pilots. 

∑ Directs airlines to bolster employee training to identify and report incidents of human trafficking. 

∑ Sets a statutory deadline for the FAA’s pilot record database, 

required under the 2010 Safety Act, to ensure airlines, when hiring, have information regarding pilots’ training, testing, and employment history. 

∑ Improves preparedness for communicable disease outbreaks, 

following through on GAO recommendations after the 2015 Ebola 

outbreak, by directing the DOT and the Department of Health and 

Human Services to establish a comprehensive, aviation-specific preparedness plan to address the risks associated with global 

connectivity of aviation. 

∑ Directs the FAA to update guidance regarding flight deck automation and monitoring, a key factor in recent fatal accidents, and 

to review airline cabin evacuation procedures used during emergencies. 

General Aviation Safety and Protections 

∑ Reforms the Third Class Medical Certificate process and an enhanced appeals process, including de novo review, for pilots facing 

FAA enforcement. (Pilot’s Bill of Rights 2) 

∑ Enhances safety for low-altitude GA, like agricultural-applicators, by requiring marking of small towers. 

∑ Requires the FAA to clearly identify alternatives to traditional 

aviation gasoline and adopt a process to ensure the safety of modifications to existing aircraft prior to a transition to unleaded aviation fuel. 

∑ Requires the FAA to implement a risk-based policy that expedites the installation of safety enhancing technologies for small GA 

aircraft. 

Air Traffic Control, NextGen, and FAA Management 

∑ Reduces barriers to the contract tower program through reforms to the FAA’s cost-benefit analysis. 

∑ Responds to concerns with the FAA’s air traffic controller hiring process by opening up the hiring pipeline to additional qualified 

candidates, including veterans, and by requiring all controllers to 

receive an in-person interview before being hired and beginning 

training. 

∑ Follows-up on recommendations made by the DOT IG and GAO 

to improve safety and efficiency in the NAS, including recommendations to improve NextGen transition management, mitiVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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gate risks to NextGen interoperability with foreign countries, and 

assess NextGen acquisitions. 

∑ Requires FAA to update contingency plans to better address 

potential air traffic facility outages. 

∑ Implements National Research Council recommendations directing FAA to incorporate cybersecurity measures and human factors throughout the development and rollout of NextGen programs, 

and attracting an even more qualified workforce to manage these 

programs. 

∑ Requires the FAA to assess each NextGen program and provide 

a report to Congress on how each program improves safety and efficiency in the NAS and an estimate on the date that each program 

will have a positive return on investment for aviation users and the 

government. 

∑ Requires the FAA to develop a comprehensive framework of 

principles and policies to reduce cybersecurity risks to the NAS, 

civil aircraft, and agency information systems. 

LEGISLATIVE HISTORY

Chairman John Thune introduced S. 2658, the Federal Aviation 

Administration Reauthorization Act of 2016, on March 9, 2016. 

Ranking Member Nelson, Subcommittee Chair Ayotte, and Subcommittee Ranking Member Cantwell are original cosponsors. The 

bill was referred to the Committee. 

The Committee held the following six hearings examining key 

issues addressed in the legislation: 

∑ Unmanned Aircraft Systems: Key Considerations Regarding 

Safety, Innovation, Economic Impact, And Privacy (March 24, 

2015). 

∑ Federal Aviation Administration Reauthorization (April 14, 

2015). 

∑ FAA Reauthorization: Certification and U.S. Aviation Manufacturing Competitiveness (April 21, 2015). 

∑ FAA Reauthorization: Airport Issues and Infrastructure Financing (April 23, 2015). 

∑ FAA Reauthorization: Aviation Safety and General Aviation 

(April 28, 2015). 

∑ FAA Reauthorization: Air Traffic Control Modernization and 

Reform (May 19, 2015). 

S. 2658 includes the Senate-passed text of S. 571, the Pilot’s Bill 

of Rights 2. That bill was introduced on February 25, 2015, by Senator Inhofe, along with 12 original co-sponsors, and referred to the 

Committee. On December 9, 2015, the Committee ordered an 

amended version of the bill to be reported to the Senate favorably 

by voice vote (S. Rept. 114–198). On December 15, 2016, the Senate 

passed S. 571 by unanimous consent. 

On March 16, 2016, the Committee met in open Executive Session to consider S. 2658. Senators Thune and Nelson offered an 

amendment in the nature of a substitute, making several changes 

to the bill. The substitute was approved by the Committee by voice 

vote to serve as the underlying text for consideration. The Committee then approved 53 amendments (en bloc) to the substitute by 

voice vote. Six additional first degree amendments were considered. 

Senator Markey offered one related to the use of personally identifiable information collected by any public UAS that was adopted by 


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a roll call vote of 13 yeas and 10 nays. Senators Heller and Cantwell offered one directing DOT to issue a rule authorizing the carriage of property by small UAS for compensation or hire that was 

adopted by a roll call vote of 20 yeas and 4 nays. Senator Markey 

offered an amendment to prohibit air carriers from imposing fees 

that are not reasonable and proportional to the costs incurred by 

the air carriers that failed to be adopted on a roll call vote of 12 

yeas and 12 nays. Senator Markey offered an amendment related 

to cyberattacks on aircraft that failed to be adopted on a roll call 

vote of 8 yeas to 16 nays. Senator Thune then offered an amendment to add cybersecurity provisions and FAA employee identity 

management protections that was adopted by voice vote. Senator 

Moran offered an amendment to require the Transportation Security Administration (TSA) to conduct security screening at certain 

small airports that was adopted by voice vote. 

The bill, as amended, was ordered to be reported to the Senate 

favorably by voice vote with an amendment (in nature of a substitute). 

Related Legislation – After a series of hearings on FAA reauthorization and ATC reform, on February 3, 2016, Chairman Bill Shuster (R-PA) introduced the Aviation Innovation, Reform, and Reauthorization (AIRR) Act of 2016 (H.R. 4441), which is a bill to reauthorize Federal aviation programs and for other purposes. That bill 

was referred to the T&I Committee, which, on February 11, 2016, 

marked up and reported out the bill by a vote of 34-25. The Ways 

and Means Committee of the House of Representatives has not yet 

marked up a tax title for that legislation, and the bill has not been 

considered by the full House of Representatives. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2658—Federal Aviation Administration Reauthorization Act of 

2016 

Summary: S. 2658 would authorize appropriations, through 2017, 

for activities of the Federal Aviation Administration (FAA) and 

other federal programs related to civil aviation. The bill also would 

increase contract authority for the Airport Improvement Program 

(AIP) and reduce direct spending for federal retirement benefits for 

certain air traffic controllers. Over the 2017–2026 period CBO estimates that implementing S. 2658 would: 

• Result in discretionary outlays totaling $16.7 billion, subject to the appropriation of the authorized amounts; 

• Reduce direct spending by $8 million; and 

• Increase revenues from civil penalties by less than 

$500,000. 

Pay-as-you-go procedures apply because enacting the legislation 

would affect direct spending and revenues. CBO estimates that enacting the legislation would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2027. 


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S. 2658 would impose intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

on operators of unmanned aircraft systems (UAS) and providers of 

helicopter air ambulance services. The bill also would preempt 

state and local authority to regulate such systems. Based on information from the FAA, public airport operators, and state aviation 

agencies, CBO estimates that the cost of the mandates on public 

entities would fall below the annual threshold established in 

UMRA for intergovernmental mandates ($77 million in 2016, adjusted annually for inflation). The bill would impose additional private-sector mandates on air carriers, owners of certain towers in 

rural areas, and others. Primarily because some of the mandates 

would depend on future actions by the FAA and the Transportation 

Security Administration (TSA), CBO cannot determine whether the 

aggregate cost of the mandates on private entities would exceed the 

annual threshold established in UMRA for private-sector mandates 

($154 million in 2016, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2658 is shown in Table 1. The costs of this legislation fall within budget function 400 (transportation). 

TABLE 1—ESTIMATED BUDGETARY EFFECT OF S. 2658 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ... 13,234 0 0 0 0 0 0 0 0 0 13,234 13,234 

Estimated Outlays ..................... 10,478 1,814 999 709 510 486 458 400 400 400 14,510 16,654 

INCREASES OR DECREASES (¥) IN DIRECT SPENDING 

Estimated Budget Authority ...... 397 392 387 393 399 405 405 405 405 405 1,967 3,992 

Estimated Outlays ..................... ¥3 ¥8 ¥13 ¥7 ¥1 5 5 5 5 5 ¥33 ¥8 

Note: Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate CBO assumes that S. 2658 

will be enacted early in fiscal year 2017 and that appropriations 

will be provided as specified by the bill. Estimates of outlays are 

based on historical spending patterns for the FAA and related activities. 

Over the next 10 years, CBO estimates that implementing S. 

2658 would result in discretionary outlays totaling $16.7 billion, reduce direct spending by $8 million, and increase revenues by less 

than $500,000. 

Spending subject to appropriation 

S. 2658 would authorize appropriations for FAA programs and 

related activities totaling $13.2 billion in 2017. (The bill also would 

authorize appropriations totaling $13.1 billion for 2016; the Congress has already provided funding in amounts that equal or exceed authorization levels specified for that year.) The bill also 

would provide contract authority (a mandatory form of budget authority) for the ADP; outlays of that contract authority are controlled by limits specified in annual appropriation acts and are 

therefore considered discretionary. Assuming appropriation of 

amounts specifically authorized and estimated to be necessary (as 

well as the enactment of obligation limitations for ADP that are 


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consistent with levels of contract authority under the bill), CBO estimates that resulting discretionary outlays would total $16.7 billion over the next 10 years (see Table 2). 

TABLE 2—CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2658 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

FAA Operations 

Authorization Level ............... 10,025 0 0 0 0 0 0 0 0 0 10,025 10,025 

Estimated Outlays ................ 8,922 802 201 100 0 0 0 0 0 0 10,025 10,025 

Air Navigation Facilities and 

Equipment 

Authorization Level ............... 2,862 0 0 0 0 0 0 0 0 0 2,862 2,862 

Estimated Outlays ................ 1,288 658 429 229 114 86 58 0 0 0 2,718 2,862 

Airport Improvement Programa

Authorization Level ............... 0 0 0 0 0 0 0 0 0 0 0 0 

Estimated Outlays ................ 76 244 332 372 396 400 400 400 400 400 1,420 3,420 

Research, Engineering and Development 

Authorization Level ............... 169 0 0 0 0 0 0 0 0 0 169 169 

Estimated Outlays ................ 85 57 19 8 0 0 0 0 0 0 169 169 

Essential Air Service 

Authorization Level ............... 155 0 0 0 0 0 0 0 0 0 155 155 

Estimated Outlays ................ 93 47 16 0 0 0 0 0 0 0 155 155 

Other Activities 

Estimated Authorization 

Level ................................. 23 0 0 0 0 0 0 0 0 0 23 23 

Estimated Outlays ................ 14 6 3 0 0 0 0 0 0 0 23 23 

Total Changes 

Estimated Authorization 

Level ........................ 13,234 0 0 0 0 0 0 0 0 0 13,234 13,234 

Estimated Outlays ....... 10,478 1,814 999 709 510 486 458 400 400 400 14,510 16,654 

Notes: FAA = Federal Aviation Administration; components may not sum to totals because of rounding. 

a Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from that contract authority are subject to limitations on obligations specified in annual appropriation acts and are therefore consid- ered discretionary. 

FAA Operations. S. 2658 would authorize the appropriation of 

$10 billion in 2017 for FAA operations, primarily for salaries and 

expenses related to operating the air traffic control system and carrying out regulatory and safety-related activities. (Funding for FAA 

Operations in 2016 totals $9.9 billion.) Assuming appropriation of 

the authorized amount, CBO estimates that resulting outlays 

would occur over the next four years and total $10 billion. 

Air Navigation Facilities and Equipment. S. 2658 would authorize the appropriation of nearly $2.9 billion for programs to maintain and modernize infrastructure and systems for communication, 

navigation, and surveillance related to air travel. (Funding for 

those activities in 2016 totals about $2.9 billion.) Assuming appropriation of the authorized amount, CBO estimates that outlays 

would occur over seven years and total $2.9 billion. 

Airport Improvement Program. Through the AIP, the FAA provides grants to public-use airports for projects to enhance safety 

and increase airports’ capacity for passengers and aircraft. Funding 

for the program is provided as contract authority (a mandatory 

form of budget authority), but outlays of contract authority are subject to limits specified in annual appropriation acts and are therefore considered discretionary. 


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S. 2658 would provide $3.75 billion in contract authority for the 

AIP in 2017. Consistent with provisions of law that govern CBO’s 

baseline projections and cost estimates for legislation, we estimate 

that the projected amount of contract authority for AIP under the 

bill would total $37.5 billion over the 2017–2026 period, $4 billion 

more than the amounts projected in CBO’s baseline. (See the discussion of AIP under ‘‘Direct Spending,’’ below, for more details on 

the budgetary treatment of this program.) Assuming that obligation limitations on AIP spending, as set forth in annual appropriation acts, are equal to the amounts of contract authority projected 

for each year, CBO estimates that incremental increases in outlays 

(relative to baseline levels) would total $3.4 billion over the 2017– 

2026 period (and $580 million in later years) bringing total spending for AIP to $32.1 billion over the next ten years. 

Research, Engineering and Development. S. 2658 would author- ize the appropriation of $169 million in 2017 for the FAA’s research 

activities aimed at developing technologies to enhance the safety, 

economic competitiveness, and environmental performance of aviation-related infrastructure and systems that comprise the U.S. national airspace. (Funding for those activities in 2016 totals $166 

million.) Assuming appropriation of the authorized amount, CBO 

estimates that spending would occur over four years and total $169 

million. 

Essential Air Service. S. 2658 would authorize the appropriation of $155 million in 2017 for the Essential Air Service program, 

through which the Department of Transportation (DOT) makes 

payments to air carriers that provide service to certain rural communities. (Funding for such payments in 2016 totals $175 million.) 

Assuming appropriation of the specified amount, CBO estimates 

that resulting outlays would occur over three years and total $155 

million. 

Other Activities. CBO estimates that implementing other provi- sions of S. 2658 would cost $23 million over the 2017–2026 period, 

assuming the appropriation of necessary amounts. That amount includes: 

• $10 million specifically authorized for grants to help small 

communities enhance air service; 

• $6 million specifically authorized for a pilot program to develop technologies to mitigate the risk that unmanned aircraft 

systems pose to airports and infrastructure related to air navigation; 

• $5 million specifically authorized for the FAA to enforce 

safety-related requirements on operators of unmanned aircraft 

systems; 

• $1.5 million in estimated authorizations for DOT and the 

Government Accountability Office to complete a variety of administrative activities, studies, and reports; and 

• $500,000 specifically authorized for applied research related to advanced materials used in aircraft. 

In addition, the bill would authorize the FAA to collect and 

spend fees charged to offset the administrative costs of certain regulatory activities. The FAA already has broad general authority to 

collect and spend fees for a variety of such activities, which are 

credited as offsetting collections and spent soon thereafter, resulting in no significant net budgetary effect. Based on information 


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from the agency, CBO expects that any increase in fees collected 

and spent under S. 2658 would be small, and that resulting 

changes in net federal spending would be negligible in any given 

year. 

Direct spending 

S. 2658 would provide contract authority for AIP and modify the 

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

TABLE 3—EFFECTS ON DIRECT SPENDING AND REVENUES UNDER S. 2658 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES OR DECREASES (¥) IN DIRECT SPENDING 

Airport Improvement Programa

Estimated Budget Authority ....................... 400 400 400 400 400 400 400 400 400 400 2,000 4,000 

Estimated Outlays ........ 0 0 0 0 0 0 0 0 0 0 0 0 

Retirement Benefits for Certain FAA Employees 

Estimated Budget Authority ....................... ¥3 ¥8 ¥13 ¥7 ¥1 5 5 5 5 5 ¥33 ¥8 

Estimated Outlays ........ ¥3 ¥8 ¥13 ¥7 ¥1 5 5 5 5 5 ¥33 ¥8 

Total Changes 

Estimated Budget 

Authority .......... 397 392 387 393 399 405 405 405 405 405 1,967 3,992 

Estimated Outlays ¥3 ¥8 ¥13 ¥7 ¥1 5 5 5 5 5 ¥33 ¥8 

Notes: FAA = Federal Aviation Administration; components may not sum to totals because of rounding. 

a Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however 

outlays from that contract authority are subject to limitations on obligations specified in annual appropriation acts and are therefore considered discretionary. 

Airport Improvement Program. S. 2658 would provide contract 

authority for the AIP through fiscal year 2017. The Airport and 

Airway Extension Act of 2016 (Public Law 114–141) provided $2.65 

billion in AIP contract authority through July 15, 2016—or $3.35 

billion on an annualized basis. Pursuant to provisions of law that 

govern CBO’s baseline projections, funding for certain expiring programs—such as contract authority for AIP—is assumed to continue 

beyond the scheduled expiration date for budget projection purposes. Consistent with that practice, CBO’s baseline incorporates 

the assumption that AIP contract authority over the 2017–2026 period will remain at the annualized 2016 level of $3.35 billion per 

year. 

S. 2658 would provide $3.75 billion in contract authority for 

2017—$400 million more than the amount currently projected for 

that year. Consistent with CBO’s methodology for projecting contract authority under proposed legislation, we assume that contract 

authority for AIP would continue to be provided after 2017 and 

would remain at $3.75 billion annually. 

Under that assumption, CBO estimates that contract authority 

under S. 2658 would exceed the levels of contract authority already 

projected in the CBO baseline by $4 billion over the 2017–2026 period. (Because spending from contract authority is controlled by obVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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1 Under the Federal Employees Retirement System, an MRA+30 retirement allows for an unreduced annuity once an employee reaches minimum retirement age, or MRA, (depending on 

year of birth, MRA ranges from 55 to 57 years of age) and completes 30 years of federal service. 

ligation limitations specified in annual appropriation acts, outlays 

of the AIP are considered discretionary.) 

Changes in Retirement Benefits for Certain FAA Employees. S. 

2658 would modify the basis for calculating retirement benefits for 

certain FAA employees. Relative to current law, CBO expects that 

the proposed change would increase benefits for some existing retirees and increase benefits (and delay retirement) for some future 

retirees, resulting in an overall net reduction in direct spending of 

$8 million over the 2017–2026 period. 

Recalculated Retirement Benefits for Certain Existing FAA Retirees. Under current law, the Office of Personnel Management (OPM) 

has instructed FAA to recalculate the retirement benefits of approximately 185 current annuitants who retired from the FAA 

under MRA+30.1 Under the retirement provisions of MRA+30, 

those annuitants received enhanced credit (1.7 percent of average 

salary per year of service) at retirement for certain years of supervisory service. According to OPM’s current interpretation of the relevant statutes, those years of supervisory service should have been 

credited at the standard rate (1.0 percent of average salary per 

year of service) in annuity calculations. Based on information from 

the FAA, CBO estimates that the difference between the original 

annuity (using the enhanced rate of 1.7 percent) and the recalculated annuity (using the standard rate of 1.0 percent) is about 

$9,000 per year, per person. S. 2658 would reinstate the enhanced 

credit for eligible years of supervisory service, returning annuities 

to their full amounts (previous to OPM’s instructed recalculation). 

As a result, CBO estimates that enacting that provision would increase direct spending over the 2017–2026 period by about $17 million. 

OPM also has stated that they intend to seek recovery of any 

overpayments those 185 annuitants have already received. CBO estimates that the total outstanding amount available for collection 

is about $9 million. The process of recovering any overpayments is 

likely to be long and will possibly result in collections of less than 

the full outstanding amount. In addition, the FAA plans to pursue 

options with OPM to forgive the debt created by the overpayments. 

Because of the uncertainty surrounding the timing and amount of 

eventual recoveries, CBO assumes that under current law OPM 

would collect about $5 million, or 50 percent of the total. S. 2658 

would provide for the repayment of any such recoveries to the affected annuitants, increasing estimated direct spending by about 

that amount over the 2017–2026 period. 

Increased Retirement Benefits for Future FAA Retirees. For current air traffic controllers with qualifying supervisory experience 

who choose to retire under the MRA+30 enhanced retirement option in the future, S. 2658 would allow them to collect the enhanced level of credit (1.7 percent of average salary per year of 

service versus 1.0 percent under current law) at retirement for 

years of service at certain supervisory levels. Based on information 

from the FAA, CBO estimates that, as a result of the higher annuity available under the enhanced credit provided by S. 2658, about 

250 employees (who are currently eligible for MRA+30 retirement) 


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would choose to delay retirement, by an average of about 3 years, 

and remain in service longer in order to accrue the higher benefit. 

Because of those delayed retirements, CBO estimates that S. 2658 

would initially reduce direct spending by the amount of annuity 

payments that would have been made under current law. Those 

savings would be partially offset over the 2017–2026 period because these employees would eventually receive a higher annuity. 

(After 2026, the costs of the higher annuities would more than offset the savings from delayed retirement.) In total, CBO estimates 

that such changes in retirement behavior would decrease net direct 

spending by $29 million over the 2017–2026 period. 

The FAA has also indicated that under current law OPM’s reinterpretation of how supervisory service should be accounted for in 

certain annuity calculations could also hasten the retirement of a 

significant number of other air traffic controllers who are at or approaching retirement eligibility over the next several years. Enacting S. 2658 could delay those anticipated departures, which would 

further reduce direct spending, as described above for the MRA+30 

retirees. However, CBO does not have sufficient information at this 

time to estimate the budgetary impact of those changes. 

Revenues 

S. 2658 would establish new civil penalties and modify existing 

ones for various violations of aviation-related laws and regulations. 

As a result, enacting the bill could increase revenues from such 

penalties. Based on information about the FAA about the limited 

number of cases likely to be involved, CBO estimates that any increases in revenues under S. 2658 would not exceed $500,000 in 

any year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays and revenues that are subject to those pay-asyou-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2658, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 16, 2016 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

NET INCREASE OR DECREASE (-) IN THE DEFICIT 

Statutory Pay-As-You-Go-Impact: 

Changes in Outlays ....... 0 ¥3 ¥8 ¥13 ¥7 ¥1 5 5 5 5 5 ¥33 ¥8 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits by more than $5 billion in any of the 

four consecutive 10-year periods beginning in 2027. 

Intergovernmental and private-sector impact: S. 2658 would impose intergovernmental and private-sector mandates as defined in 

UMRA. Based on information from the FAA, public airport operators, and state aviation agencies, CBO estimates that the cost of 

the mandates on public entities would fall below the annual threshold established in UMRA for intergovernmental mandates ($77 milVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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lion in 2016, adjusted annually for inflation). Primarily because 

some of the mandates would depend on future actions by FAA and 

the TSA, CBO cannot determine whether the aggregate cost of the 

mandates on private entities would exceed the annual threshold established in UMRA for private-sector mandates ($154 million in 

2016, adjusted annually for inflation). 

Mandates that apply to both public and private entities 

The bill would require public and private operators of unmanned 

aircraft systems (UAS) to maintain records of the name and contact 

information for each person on whose behalf the UAS has been operated. The bill also would require public and private providers of 

helicopter air ambulance services to report additional information 

to FAA. CBO expects that the cost of maintaining records and reporting information would be small. 

Mandates and other effects on public entities only 

The bill includes a mandate that would affect only state and local 

governments, and it also includes provisions that would provide 

significant benefits to public entities. 

Preemption of State and Local Regulation of UAS. The bill would 

preempt state and local authority to regulate unmanned aircraft 

systems with respect to their design, manufacture, registration, 

and operation, among other areas. Because state and local governments would be unable to generate revenue, such as permit fees, 

from regulation in those areas, the bill would result in a small 

amount of foregone revenue for public entities. Based on information from the FAA and state aviation agencies about the number 

of UAS operated by public entities and the amount of revenue generated from permit fees, CBO estimates that the cost of the mandate on public entities would fall below the annual threshold established in UMRA for intergovernmental mandates ($77 million in 

2016, adjusted annually for inflation). 

Other Effects on Public Entities. The bill would provide benefits 

to public and private airports by authorizing grants for planning, 

development, noise mitigation, and other initiatives. Specifically, 

the bill would expand from 10 to 15 the number of states that may 

participate in the State Block Grant Program. Under this program, 

states assume responsibility for administering the Airport Improvement Program (AIP), which provides grants to airports classified as 

‘‘other than primary’’ airports—that is, nonprimary commercial 

service, reliever, and general aviation airports. Each state is responsible for determining which airports will receive funds for improvement projects. This expansion would make more federal funds 

available to help smaller airports. Any costs those entities incur to 

meet grant requirements would result from complying with conditions of federal assistance. The bill also would provide the FAA 

with greater flexibility to allow airports to charge higher Passenger 

Facility Charges (PFC fees), which fund airport development 

projects. 

Mandates that apply to private entities only 

The bill also contains private-sector mandates on air carriers, operators and manufacturers of unmanned aircraft systems, and 


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other entities such as owners of certain towers located in rural or 

agricultural areas. 

Requirements for air carriers 

The bill would impose several mandates on air carriers. Specifically, the bill would require that air carriers: • Refund baggage fees for delayed baggage and fees for unused services; • Establish training, rest requirements, and a fatigue risk 

management plan for flight attendants; • Disclose information about ancillary fees in a standardized 

format, provide information about seat selection, and provide 

phone numbers and links for consumers to make complaints; • Ensure that medical kits contain supplies for treating children in emergencies, if determined to be appropriate by the 

FAA; • Comply with a ban on the transport of bulk shipments of 

lithium ion batteries on passenger planes; and • Report more information related to accidents to the FAA. 

On the basis of information from the Department of Transportation about revenues from baggage fees and reports of mishandled 

baggage, CBO estimates that the cost of the mandate to refund 

baggage fees for delayed baggage could total about $10 million annually. The mandate to refund fees for unused services may have 

similar costs, but CBO has no basis to estimate that cost. On the 

basis of information about existing training programs and current 

industry practices, CBO estimates that the cost of most of the other 

mandates would be small and that none would impose significant 

additional costs on air carriers relative to UMRA’s threshold. 

The bill also would direct FAA to assess standards for flight data 

recovery and to revise those standards as appropriate. The standards would impose a mandate if they were revised to establish new 

requirements for flight data recorders. The cost of this mandate 

would depend on future regulations. 

Requirements for unmanned aircraft systems 

The bill would impose a mandate on owners and operators of unmanned aircraft systems by authorizing FAA to assess fees to recover the costs of regulatory and administrative activities related 

to the authorization of unmanned aircraft systems. CBO estimates 

that any increase in fees collected by FAA under the bill would be 

small. 

The bill also would prohibit any person from selling an unmanned aircraft system that does not comply with the standards 

on airworthiness to be adopted by FAA. If the FAA were to apply 

those requirements to unmanned aircraft systems that may be operated under current law (such as model aircraft), sellers of those 

aircraft would have to comply with a new mandate. The cost of the 

mandate would depend on the nature and scope of regulations to 

be issued by FAA, but could be substantial considering that industry sources project sales of 100,000 or more such units annually. 

Additionally, the bill would prohibit any person from selling an unmanned aircraft system unless a safety statement is attached to 

the unmanned aircraft or is included in its packaging. The bill also 

would establish a test on aeronautical knowledge and safety for opVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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erators of some unmanned aircraft systems. CBO expects that the 

cost per unit to include a safety statement and the cost per operator to complete a test would be small. 

Requirements for other entities 

The bill would impose a mandate on owners of certain towers 

(such as meteorological towers) located in rural or agricultural 

areas by requiring those towers to be marked so that they are visible to operators of airplanes distributing pesticides and other 

chemicals. The bill would direct the FAA to require those towers 

to be marked in a manner consistent with FAA’s current voluntary 

guidance. In addition, some states require towers to have markings 

visible to aircraft. For those reasons CBO expects that the cost of 

the mandate would not be substantial relative to UMRA’s threshold. 

The bill would exempt air carriers and their employees from liability for voluntary disclosures of any suspected illegal activities 

related to human trafficking. That exemption from liability constitutes a mandate on private entities as it would limit their ability 

to file a claim against the air carrier or its employees for damages 

in such cases. The cost of the mandate would be the forgone net 

value of settlements and damages that would have been awarded. 

CBO expects few cases would be filed and that the cost of the mandate would be small. 

The bill could impose a mandate on aircraft manufacturers if the 

Administrator of the Transportation Safety Administration requires a secondary cockpit barrier or other equipment on aircraft 

to be installed. The cost of the mandate would depend on future action by TSA, but based on information from industry sources, CBO 

estimates that the cost of installing a secondary barrier would total 

no more than about $15 million annually for passenger aircraft delivered in the United States. 

The bill also could require owners and operators of general aviation aircraft to report additional information to the FAA following 

an accident. CBO expects that the cost of that mandate would be 

small. 

Previous CBO estimates: CBO has completed two other estimates 

for legislation that would reauthorize certain activities of the FAA: 

• On February 23, 2016, CBO transmitted a cost estimate 

for H.R. 4489, the FLIGHT R&D Act, as ordered reported by 

the House Committee on Science, Space, and Technology on 

February 11, 2016. 

• On March 9, 2016, CBO transmitted a cost estimate for 

H.R. 4441, the Aviation Innovation, Reform, and Reauthorization Act of 2016, as ordered reported by the House Committee 

on Transportation and Infrastructure on February 11, 2016. 

Differences in our estimates of spending subject to appropriation 

under S. 2658, H.R. 4489 and H.R. 4441 reflect differences in the 

periods of time covered by each bill and the scope of activities for 

which they would authorize appropriations. 

Estimate prepared by: Federal Costs: Megan Carroll and Amber 

Marcellino (retirement benefits); Impact on State, Local, and Tribal 

Governments: Jon Sperl; Impact on the Private Sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 


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REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2658 would affect a wide range of individuals and entities, 

most of whom are already regulated in one form or another, such 

as airlines, airports, aircraft manufacturers, pilots, flight attendants, UAS operators, and public agencies. Manufacturers and operators of UAS would be a new group subject to aviation safety laws 

and regulations as a result of this bill. 

ECONOMIC IMPACT

S. 2658 would authorize funds for the FAA’s programs. These 

programs are intended to sustain and promote aviation safety, efficiency, and infrastructure development. Adequate levels of safety 

and efficiency, as well as the promotion of the free flow of people 

and products, are essential to air commerce. This legislation would 

work toward ensuring an environment conducive to economic opportunity. Other sections of the bill are intended to improve the 

Nation’s airport capacity needs and should have a beneficial impact 

on the economy of the United States. Also, sections of the bill reforming the FAA’s safety certification processes would have a positive impact on aerospace manufacturing and U.S. global leadership. 

Provisions of the bill related to UAS would help lay the foundation for appropriate regulation of a burgeoning industry while ensuring the safety of the national airspace. UAS and the innovative 

ways in which they can be used are likely to have a positive impact 

on the U.S. economy on the order of billions of dollars annually 

when fully realized. The use of UAS in the agricultural sector alone 

could lead to more efficient use of water, fertilizer, and pesticides, 

and better detection of crop pests and disease, thereby increasing 

yields and potentially reducing negative environmental impacts. 

Subtitle F of title II of the bill (Pilot’s Bill of Rights 2) would primarily affect the FAA, the National Transportation Safety Board 

(NTSB), Federal courts, and persons already subject to FAA regulations, all of which are currently covered under relevant laws 

amended in this bill. Therefore, the number of persons covered 

should be consistent with the current levels of persons impacted 

under the provisions that are addressed in the bill. 

PRIVACY

S. 2658 would have a beneficial impact on the personal privacy 

of U.S. citizens. As UAS become a more common part of the airspace, concerns have arisen with regard to the data that may be 

collected by various UAS operators, including businesses, government agencies, and private individuals. The bill contains several 

provisions that would enhance or reinforce existing privacy protections at local, State, and Federal levels, including the Constitution. 

Specifically, the bill would enhance privacy by directing the development of standards to remotely identify UAS (to improve the identification of illicit operators), declaring as national policy that UAS 


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should be operated in a manner that protects personal privacy, encouraging commercial UAS users to adopt written privacy policies, 

and increasing transparency and accountability for government and 

commercial use of UAS. 

PAPERWORK

The Committee does not anticipate a major increase in paperwork burdens resulting from the passage of this legislation. In 

those areas where the bill does require additional paperwork, it is 

aimed at improving aviation safety, protecting personal privacy, or 

assisting air travel consumers, and is otherwise part of the normal 

duties of the affected agencies. The Secretary of Transportation, 

the FAA, the GAO, the DOT IG, the Transportation Research 

Board, the National Telecommunications and Information Administration, NIST, the Federal Communications Commission (FCC), the 

National Oceanic and Atmospheric Administration (NOAA), a FAAestablished expert review panel, and a FAA-established task force 

would be required to prepare a variety of reports and studies for 

Congress. These reports will provide the legislative branch and 

public with critical information, assessments, reviews and recommendations that will enhance the ability of the Committee to 

carry out its oversight responsibilities with regard to Federal aviation policy and programs. 

The DOT and FAA would be required to issue a number of rules 

to enhance consumer protections or improve safety, and there 

would be associated paperwork for those agencies and any members of the public who choose to provide comments. 

In order to ensure the safety of the national airspace system, 

manufacturers of small UAS would encounter paperwork in complying with any new consensus industry airworthiness standards, 

as well as providing UAS safety information in consumer packaging, which most, if not all, manufacturers already do. 

The Pilot’s Bill of Rights 2 portion of the bill would not significantly increase paperwork requirements for private individuals or 

businesses. It would require the FAA to revise rules related to 

medical certification requirements and operational regulations for 

certain recreational pilots, and therefore, the Agency would be required to publish a rulemaking in the Federal Register. That section would require the FAA to develop a form containing a checklist to be used during comprehensive medical examinations of pilots 

every 4 years. Current FAA regulations require medical examinations every 2 years for pilots over the age of 40, so there would be 

a reduction in paperwork related to pilot medical status due to the 

decreased frequency in medical examinations. That section would 

also require the development of an online medical education course 

and requires pilots to submit a series of forms to the FAA upon 

completion of that course, which would replace regular medical examinations. Pilots must also keep various records related to the online medical education course and comprehensive physical medical 

examinations, but these are not substantially greater than existing 

paperwork requirements related to medical certifications and 

logbooks. The bill would require the FAA to produce a report to 

Congress on the impact of the changes to medical certification requirements. It would also require the FAA to promulgate regulations or guidance to ensure compliance with new requirements of 


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that section, but the extent and nature of such action should not 

be great considering the relatively limited scope of the provision. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide the short title of this bill as the ‘‘Federal Aviation Administration Reauthorization Act of 2016.’’ This 

section would also provide a table of contents for the bill. 

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

This section would provide that, unless otherwise expressly provided, the amendments to the law in this bill shall be considered 

to be made to a section or other provision of title 49, United States 

Code. 

Section 3. Definition of appropriate committees of Congress. 

For this Act, this section would define ‘‘the appropriate committees of Congress’’ to be the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives. 

Section 4. Effective date. 

This section would set the effective date of the bill’s provisions 

as the date of enactment of the Act, except as otherwise expressly 

provided. 

Title I—Authorizations 

Subtitle A – Funding of FAA Programs 

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

This section would provide funding levels for the AIP for FYs 

2016 through 2017. In FY 2016, the level would be $3.35 billion. 

FY 2017 would see a rise to $3.75 billion, a $400 million (or 12 percent) increase. 

Section 1002. Air navigation facilities and equipment. 

This section would provide authorization of appropriations for 

the FAA Facilities and Equipment account of $2,855,241,025 for FY 

2016 and $2,862,020,524 for FY 2017. 

Section 1003. FAA operations. 

This section would provide authorization of appropriations for 

the FAA’s operations account of $9,910,009,314 for FY 2016 and 

$10,025,361,111 for FY 2017. 


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Section 1004. FAA research and development. 

This section would provide authorization of appropriations for the FAA’s research and development account of $166,000,000 for 

FY 2016 and $169,000,000 for FY 2017. 

Section 1005. Funding for aviation programs. 

This section would extend the formula that determines the 

amount made available from the Trust Fund each year to fund the 

FAA. Trust Fund support for aviation programs would be equal to 

the sum of 90 percent of estimated Trust Fund revenues (taxes 

plus interest) plus the difference between actual revenues and the 

Trust Fund appropriation in the second preceding FY. 

Section 1006. Extension of expiring authorities. 

This section would extend the following: AIP discretionary grant 

eligibility for the Marshall Islands, Micronesia, and Palau; eligibility of States and local governments for AIP grants for compatible 

land use planning; an annual report by the DOT IG on the level 

and extent of participation in FAA-funded programs by Disadvantaged and Small Business Enterprise concerns; and a pilot program 

allowing AIP funds to be spent on certain airport property redevelopment projects. 

Subtitle B—Airport Improvement Program Modifications 

Section 1201. Small airport regulation relief. 

This section would direct the FAA, for FY 2016 and FY 2017, to 

apportion AIP entitlement funds to certain small airports based on 

the number of passenger boardings during calendar year 2012 if 

the airport had scheduled air service and meets certain requirements. 

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

This section would require the FAA to schedule its review of construction projects so that projects in States where the weather during a typical calendar year prevents major construction projects 

from being carried out before May 1 are reviewed as early as possible. 

Section 1203. State block grants updates. 

This section would increase the cap on the number of States allowed to participate in the State Block Grant Program from 10 to 

15. Qualifying States that participate in the State Block Grant Program assume responsibility for administering AIP grants at nonprimary commercial service, reliever, and GA airports. Each State 

in the program is responsible for determining which locations will 

receive funds for ongoing project administration. 

Section 1204. Contract Tower Program updates. 

This section would authorize appropriations for the Contract Air 

Traffic Control Tower Cost-Share Program and increase the cap on 

the Federal share of contract tower construction projects. This section would also revise the methodology for determining benefit-tocost ratios for contract tower airports. For contract towers at nonVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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cost-share airports, there would not be an annual benefit-to-cost 

ratio unless the traffic at the airport decreases by a certain 

amount. The FAA would establish procedures for participants in 

the Contract Tower Program to review and appeal determinations 

related to a benefit-to-cost ratio. 

Section 1205. Approval of certain applications for the contract tower 

program. 

This section would require the FAA to advance pending requests 

for admission into the program from new entrants, as well as cost 

share participants seeking full Federal participation based on their 

eligibility under existing Benefit Cost Analysis criteria, if the FAA 

has not implemented a revised cost-benefit methodology for determining eligibility for the Contract Tower Program 30 days after the 

date of enactment of this Act. The section would apply to airports 

for which an application has been submitted prior to January 1, 

2016, but that the FAA has not processed in the intervening years 

while the agency has been developing new Benefit Cost Analysis 

criteria. 

Section 1206. Remote towers. 

This section would establish a pilot program for the construction 

and operation of remote towers. The FAA would be required to 

clearly define the research agenda for the pilot program and airports would have to submit competing proposals to the FAA outlining how they would further the FAA’s research agenda if they 

are selected to participate in the pilot program. In choosing which 

airports become part of the pilot program, the FAA would consider 

specific factors, and must select at least one airport currently in 

the Contract Tower Program and at least one airport that does not 

currently have an air traffic control tower. If the FAA certifies such 

systems, the section would make them AIP eligible. 

Section 1207. Midway Island airport. 

This section would extend the authorization for Midway Island’s 

airport to receive AIP funds through FY 2017. 

Section 1208. Airport road funding. 

This section would allow for the use of airport revenue to repair 

and improve roads on airport property, but only as much of the 

proportional cost of the repairs or improvements that would match 

the proportion of airport-only traffic on that road. 

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

program. 

This section would repeal the Inherently Low-Emission Airport 

Vehicle Pilot Program because the pilot program has been successfully completed. 

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

This section would modify the Zero-Emission Airport Vehicles 

and Infrastructure Pilot Program to be used exclusively for transporting passengers on-airport or for employee shuttle buses within 

the airport. By limiting the program to on-airport passenger and 


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employee transport vehicles, this section would follow existing statutory guidance, which allows terminal projects for the movement of 

passengers and baggage in air commerce. 

Section 1211. Repeal of airport ground support equipment emissions 

retrofit pilot program. 

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

Section 1212. Funding eligibility for airport energy efficiency assessments. 

This section would revise the statutory mandate that the FAA 

establish a program to encourage public-use airports to assess their 

energy requirements and which allows the FAA to make grants to 

airports that have completed the assessment to acquire or construct equipment that will increase the airport’s energy efficiency. 

This section would make a revision requiring the FAA to reimburse 

airport sponsors for the costs they incur in conducting this assessment. Additionally, in applying for the equipment grants, airports 

would now certify that no safety projects would be deferred by 

prioritizing one of these grants. 

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

This section would make a technical correction to clarify that airports preparing a master plan project must include recycling plans 

in that project. The section would also clarify the eligibility of certain projects for AIP funding at low-activity airports that are currently in the ‘‘unclassified’’ category. 

Section 1214. Transfers of instrument landing systems. 

This section would allow an airport to transfer to the FAA an instrument landing system consisting of a glide slope and localizer 

that conforms to performance specifications of the FAA if specific 

criteria are met. In order to be eligible, the system must have been 

purchased with the assistance of an AIP grant and the FAA must 

have determined that a satellite navigation system cannot provide 

a suitable approach at the airport. 

Section 1215. Non-movement area surveillance pilot program. 

This section would allow the FAA to carry out a pilot program 

to support the non-Federal acquisition and installation of qualifying non-movement area surveillance systems and sensors if certain factors are met. Non-movement area is defined as the areas 

that are not under tower control. Installation of non-movement 

area surveillance allows uninterrupted tracking of aircraft from 

gate to gate, with the expectation that safety would be enhanced 

by having comprehensive data available of all aircraft movement 

on the airfield. This would provide an additional benefit to the airports because they will be able to track snow removal vehicles or 

other vehicles that are in the non-movement area. 


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Section 1216. Amendments to definitions. 

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

Section 1217. Clarification of noise exposure map updates. 

This section would clarify an existing statutory provision that 

deals with the submission of noise exposure maps from airport operators to the FAA. The Vision 100—Century of Aviation Reauthorization Act (P. L. 108–176) required the FAA to ‘‘make noise exposure and land use information from noise exposure maps [prepared 

under Part 150 of title 14, Code of Federal Regulations] available 

to the public via the Internet on its website in an appropriate format.’’ This section would clarify when airports must supply certain 

revisions to the FAA. 

Section 1218. Provision of facilities. 

This section would detail how the FAA may not require airport 

owners or sponsors to provide the FAA, without cost, any equipment or space for services related to air traffic control, air navigation, or weather reporting. 

Section 1219. Contract weather observers. 

This section would mandate that the FAA issue a report outlining the safety risks, hazard effects, and operational effects that 

could result from the loss of the Contract Weather Observer service 

at airports with this service that are currently under review by the 

FAA. The FAA oversees 136 airports that utilize contract weather 

observers. In 2015, the FAA developed a plan to transition the duties of up to 57 Contract Weather Observer locations to Limited 

Aviation Weather Reporting Systems (LAWRS) Controllers. Under 

this provision, the FAA would be prohibited from finalizing determinations under this plan until this report is issued. This section 

would also require NOAA and the FAA to issue a report on NOAA’s 

Golden Triangle Initiative. 

Section 1220. Federal share adjustment. 

This section would adjust the Federal share of certain AIP 

projects. In order to be eligible for this increase, the FAA must determine that the project is a successive phase of a multi-phased 

construction project for which the sponsor received a grant in FY 

2011 or earlier. 

Section 1221. Miscellaneous technical amendments. 

This section would provide miscellaneous technical amendments 

to current law to ensure clarity in statutory aviation provisions. 

Section 1222. Mothers’ rooms at airports. 

This section would allow the DOT to approve project grants for 

projects at medium or large hub airports to maintain a lactation 

area in each passenger terminal building of the airport within the 

secured area of the airport terminal. Additionally, this section 

would allow the DOT to approve projects for terminal development 

for the construction or installation of a lactation area at a commercial service airport. 


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Section 1223. Eligibility for airport development grants of airports 

that enter into certain leases with components of the Armed 

Forces. 

This section would forbid the DOT from disapproving an AIP 

project grant solely because the airport renews a lease for the use, 

at a nominal rate, of airport property by a regular or reserve component of the Armed Forces, including the National Guard. 

Section 1224. Clarification of definition of aviation-related activity 

for hangar use purposes of airport improvement grants. 

This section would clarify that the construction of a covered aircraft shall be treated as an aeronautical activity for purposes of determining an airport’s compliance with a grant assurance or for the 

receipt of Federal financial assistance for airport development. Additionally, this section would define the term ‘‘covered aircraft’’ as 

an aircraft used or intended to be used exclusively for recreational 

purposes and constructed by a private individual at a GA airport, 

for the purposes of this section. 

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

This section would allow DOT to approve the use of AIP funds 

at certain airports to repair the runway safety area of such airports 

damaged as a result of a natural disaster in order to maintain compliance with FAA regulations, if certain conditions are met. 

Subtitle C—Passenger Facility Charges 

Section 1301. PFC streamlining. 

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

Section 1302. Intermodal access projects. 

This section would allow the FAA to approve the use of PFCs to 

finance eligible capital costs of an intermodal ground access project. 

Intermodal ground access projects would include projects for constructing a local facility owned or operated by an eligible agency 

that is located on airport property and is directly and substantially 

related to the movement of passengers or property traveling in air 

transportation. 

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

This section would allow the FAA to authorize a PFC to finance 

eligible airport related projects if the eligible airport meets certain 

requirements related to previous association and project agreements. 

Section 1304. Future aviation infrastructure and financing study. 

This section would require the DOT to engage the Transportation 

Research Board to conduct a study and make recommendations on 

actions needed to upgrade and restore the national aviation infrastructure system, including airport infrastructure needs to meet 

growing demand and existing financial resources for commercial 

service airports. 


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Title II—Safety 

Subtitle A—Unmanned Aircraft Systems Reform 

Section 2001. Definitions. 

This section would define certain terms used in this subtitle. 

Part I-Privacy and transparency 

Section 2101. Unmanned aircraft systems privacy policy. 

This section would state that it is the policy of the United States 

that the operation of any UAS shall be carried out in a manner 

that respects and protects personal privacy consistent with Federal, 

State, and local law. 

Section 2102. Sense of Congress. 

This section would express the sense of Congress that commercial users of UAS, except news gathering entities, should have a 

written privacy policy regarding the collection, use, retention, and 

dissemination of any data collected during the operation of a UAS. 

Section 2103. Federal Trade Commission authority. 

This section would make explicit the authority of the Federal 

Trade Commission (FTC) to enforce violations of the privacy policies of commercial operators. 

The Committee is mindful that a robust privacy protection and 

enforcement framework already exists. The Committee seeks to 

avoid regulation and requirements duplicative of those currently 

enforced by State and Federal agencies. Therefore, this section is 

intended to restate existing law and is not intended to expand the 

FTC’s jurisdiction. The FTC shall enforce this provision with the 

same jurisdiction, powers, and duties as though applicable terms 

and provisions of the Federal Trade Commission Act (15 U.S.C. 41 

et seq.) were incorporated into and made a part of this Act. 

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

This section would require the National Telecommunications and 

Information Administration to report to Congress no later than 

July 31, 2016, on the ongoing multi-stakeholder process related to 

privacy best practices and UAS use. This report would include legislative and regulatory policy recommendations. 

Section 2105. Identification standards. 

This section would direct the NIST, in collaboration with the 

FAA and others, to convene industry stakeholders to facilitate the 

development of consensus standards for remote identification of 

UAS and report to Congress. Not later than 1 year after the report 

has been submitted, the FAA would issue regulatory guidance implementing these standards. 

Section 2106. Commercial and governmental operators. 

This section would require the FAA to make available to the public, through a database, information regarding government and 

commercial operators authorized to operate UAS in the national 


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airspace. In addition, this section would require that the database 

include information about the collection, retention, use of and access to personally identifiable information, if applicable. This section would also require public aircraft operators to disclose additional information about the location, timing, and purpose of flight 

as well as technical capabilities of the aircraft flown. 

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

local jurisdictions. 

This section would direct a GAO study on current legal remedies 

at the Federal, State, and local level that exist to address concerns 

associated with UAS operations, and identify any remaining gaps 

for further consideration by Congress. 

Part II—Unmanned Aircraft Systems 

Section 2121. Definitions. 

This section would codify definitions related to UAS. 

Section 2122. Utilization of unmanned aircraft system test sites. 

This section would reauthorize and enhance the utilization of the 

existing six UAS test sites until September 30, 2017. This section 

would update the FAA’s authority with respect to the test sites, 

first authorized in 2012, by more clearly directing research priorities, improving coordination with the FAA, and enhancing protections for proprietary information to encourage more fruitful engagement with the private sector. This section would also expand opportunities for any public entity authorized by the FAA as a UAS 

flight test center before January 1, 2009. 

Section 2123. Additional research, development, and testing. 

This section would require the FAA to work jointly with the UAS 

Executive Committee (including representatives from other relevant departments and agencies) to develop a research plan on the 

broad range of technical, procedural, and policy issues related to 

UAS integration. 

This section would also provide the FAA the authority to use 

other transaction authority and enter into collaborative research 

and development agreements as a mechanism to direct research related to UAS, including at any UAS test site. 

Section 2124. Safety standards. 

This section would direct NIST and the FAA, in consultation 

with other stakeholders, to develop risk-based, consensus industry 

standards on UAS aircraft safety. The FAA would also be required 

to establish a process for the airworthiness approval of small UAS 

based on the consensus standards, in lieu of the more cumbersome 

certification process used for the approval of other aircraft. These 

standards, developed and approved in collaboration with the FAA, 

would ultimately improve safety by prescribing which safety technologies and other capabilities would be built into unmanned aircraft systems sold in the United States. 


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Section 2125. Unmanned aircraft systems in the Arctic. 

This section would codify a provision enacted in section of 331 

the FMRA (49 U.S.C. 40101 note) governing UAS operations in the 

Arctic. 

Section 2126. Special authority for certain unmanned aircraft systems. 

This section would reauthorize and expand exemption authority, 

presently known as ‘‘section 333 exemptions,’’ for the FAA to authorize certain safe UAS operations in the national airspace system. This section would also make explicit the authority for the 

FAA to approve nighttime and beyond-line-of-sight operations. As 

provided under section 2156 of this bill, UAS operations authorized 

under ‘‘section 333 exemptions’’ prior to enactment of this bill 

would not be affected, and would remain authorized in accordance 

with their terms, notwithstanding the repeal and replacement of 

section 333 of the FMRA (49 U.S.C. 40101 note) by this section. 

Section 2127. Additional rulemaking authority. 

This section would direct further risk-based UAS integration regulatory efforts after completion of the ongoing small UAS rule, including a new rulemaking related to micro UAS (4.4 lbs. or less), 

and the FAA would be expected to take into consideration advancements in beyond-line-of-sight and other technologies for safe integration of UAS. 

Section 2128. Governmental unmanned aircraft systems. 

This section would codify existing authority to authorize public 

(i.e., governmental) aircraft operations and would require Federal 

agencies to maintain a data minimization policy for data collected 

by UAS to protect privacy, civil rights, and civil liberties. This section would codify requirements for agencies to develop policies intended to ensure that agencies only collect data for authorized purposes and appropriately limit the retention and dissemination of 

such data. 

Section 2129. Special rules for model aircraft. 

This section would codify and amend the definition of ‘‘model aircraft,’’ which are excluded from certain FAA rules. Under the 

amended law, the Administrator of the FAA would be able to review operational parameters and modify, in collaboration with relevant stakeholders, as necessary to improve safety. 

Section 2130. Unmanned aircraft systems aeronautical knowledge 

and safety. 

This section would establish a requirement for the development 

and implementation of an aeronautical knowledge and safety exam. 

The FAA would be able to waive the exam requirement for operators of aircraft weighing less than 0.55 pounds or for UAS operators under the age of 13 who are under the supervision of an adult. 

To maintain safety in the national airspace, this section would also 

require that all UAS users demonstrate completion of this aeronautical knowledge test. 


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Section 2131. Safety statements. 

This section would require UAS manufacturers to provide safety 

information in UAS product packaging. These statements would include information on laws and regulations applicable to UAS as 

well as UAS safety best practices. 

Section 2132. Treatment of unmanned aircraft operating underground. 

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

existing regulations. 

Section 2133. Enforcement. 

This section would require the FAA to establish a program to utilize available technologies for the remote detection and identification of UAS in order to significantly enhance the ability of the FAA 

and other Federal agencies to pursue appropriate enforcement actions against UAS operators who violate applicable laws and regulations. 

Section 2134. Aviation emergency safety public services disruption. 

This section would prohibit UAS users from interfering with 

emergency response activities and would raise civil penalties to not 

more than $20,000 for those found in violation. 

Section 2135. Pilot project for airport safety and airspace hazard 

mitigation. 

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

Section 2136. Contribution to financing of regulatory functions. 

This section would authorize the FAA to assess and collect regulatory and administrative fees to recover the costs of these activities from commercial operators, subject to a rulemaking. As part of 

that rulemaking, the FAA would need to ensure such fees would 

be cost-based relative to the regulatory activity, and would not be 

discriminatory or deter compliance. 

Section 2137. Sense of Congress regarding small UAS rulemaking. 

This section would express the sense of the Senate that the small 

UAS rulemaking should be completed expeditiously. 

Section 2138. Unmanned aircraft system traffic management. 

This section would authorize the FAA, in coordination with 

NASA, to develop a research plan and implement a pilot program 

for UAS traffic management (UTM). After completion of the pilot 

program, the FAA in coordination with NASA and in consultation 

with other relevant Federal agencies would be directed to develop 

a comprehensive plan for deployment of UTM in the NAS. 

Section 2139. Emergency exemption process. 

This section would require the FAA to set forth an exemption 

process for public and civil operators to utilize for special authorization in emergency response efforts. 


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The Committee recognizes both the importance of rapid response 

to emergency situations, with all useful assets at the responders’ 

disposal, including UAS, and the need to maintain the safety of all 

aircraft operating in the national airspace system. It is the belief 

of the Committee that an emergency exemption process for UAS 

can effectively address both of these critical concerns. The Committee also believes that rapid response to a broad range of emergency situations is in the interest of the public and expects that the 

emergency exemption process shall not require the formal declaration (Federal, State, or local) of an emergency or disaster. 

For the emergency exemption process to be useful, it must be 

truly expeditious while still being effective at maintaining safety. 

Accordingly, the Committee anticipates that the process could include FAA review of certain elements in advance of an emergency, 

such as evaluation of the operator and aircraft. This would enable 

the FAA to focus on location and operation specific review at the 

outset of the emergency situation. 

The Committee further recognizes that emergency response situations, by their nature, demand and justify actions and the use of 

tools that present levels of risk beyond that which would be reasonable in the absence of the emergency. Accordingly, the scope of operations that would be permitted under the emergency exemption 

process should necessarily be more expansive than those which 

would be permitted under non-emergency approval processes. 

Section 2140. Public UAS Operations by tribal governments. 

This section would amend the definition of ‘‘public aircraft’’ to include UAS that are owned and operated or leased by an Indian 

tribal government. 

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

This section would require the DOT to issue a final rule authorizing the carriage of property by operators of small UAS for compensation or hire within the United States not later than 2 years 

after the date of enactment. This section would also require the 

creation of a small UAS air carrier certificate for persons that directly undertake the operation of small UAS to carry property in 

air transportation and the development of a classification system 

for persons issued small UAS air carrier certificates. It is believed 

that the logical first step is to identify the ways that this type of 

certificate would differ from the existing air carrier certificate. In 

the certification process, though, it is expected that the safety of 

the NAS and the public are considered foremost. 

Section 2142. Collegiate Training Initiative program for unmanned 

aircraft systems. 

This section would require the FAA to establish a Collegiate 

Training Initiative program to help prepare college students for careers involving UAS. 


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Part III – Transition and savings provision 

Section 2151. Senior advisor for unmanned aircraft systems integration. 

This section would authorize a specific leadership position for the 

UAS integration office, consistent with current practice. 

Section 2152. Effect on other laws. 

This section would affirm a Federal preemption for State and 

local laws relating to the design, manufacture, testing, licensing, 

registration, certification, operation, or maintenance of a UAS, including airspace, altitude, flight paths, equipment or technology requirements, purpose of operations, and pilot, operator, and observer qualifications, training, and certification. Laws of general 

applicability, including those relating to nuisance, voyeurism, harassment, reckless endangerment, wrongful death, personal injury, 

property damage, or other illegal acts arising from the use of UAS, 

would not be preempted if they are not specifically related to the 

use of a UAS. However, this section does not preempt State or Federal common law and explicitly preserves all causes of action for 

personal injury, wrongful death, property damage or other injury 

based on negligence or any other theory of liability. 

Section 2153. Spectrum. 

This section would allow UAS, if permitted by and under the 

rules of the FCC, to operate with wireless control and communication, including on licensed spectrum with consent of the licensee. 

The section also would require an interagency report that addresses possible UAS use of aviation spectrum and operational barriers. 

Section 2154. Applications for designation. 

This section would establish a process for the FAA to designate 

areas where UAS operations would be restricted or limited, including critical infrastructure, oil refineries, chemical facilities, amusement parks, and other locations that may benefit from such restrictions. 

The Committee recognizes the important safety benefits that will 

be achieved by creating a convenient mechanism whereby owners 

or operators of certain fixed infrastructure can petition the FAA to 

prohibit or otherwise limit the operation of aircraft over or near 

such facilities. At the same time, the Committee recognizes that 

aircraft can be an important tool employed by the owners and operators of fixed infrastructure assets for inspections, maintenance, security, and other purposes and that the owners and operators of 

such assets have a vested interest in the safety and protection of 

their facilities. Accordingly, the Applications for Designation process required to be established by this section is intended to be one 

whereby the operation of aircraft by third-parties (i.e., non-owners/ 

operators), but not the owners/operators or their agents, would be 

prohibited or limited. 

In addition, the Committee understands that certain infrastructure that could become the subject of an Application for Designation may be ‘‘sensitive’’ in nature. It is the intent of the Committee, 

therefore, that the information to be made publicly available in 

connection with any designation shall be the minimum information 


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necessary to give the public notice of the existence and boundaries 

of the designation. 

Section 2155. Use of unmanned aircraft systems at institutions of 

higher education. 

This section would streamline the approval process for the safe 

operation of UAS at institutions of higher education in an academic 

setting. 

Section 2156. Transition language. 

This section would address technical legal issues associated with 

the codification of UAS-related provisions from the 2012 FAA reauthorization bill. 

Subtitle B—FAA Safety Certification Reform 

Part I—General provisions 

Section 2211. Definitions. 

This section would set forth definitions applicable to this subtitle. 

Section 2212. Safety oversight and certification advisory committee. 

This section would establish the Safety Oversight and Certification Advisory Committee (SOCAC), comprised of industry stakeholders and the FAA. The SOCAC would be responsible for providing advice to the Secretary of Transportation on policy-level 

issues related to FAA safety oversight and certification programs 

and activities, and recommending consensus national goals, strategic objectives and priorities to achieve the most efficient, streamlined, and cost-effective safety oversight and certification processes. 

Part II—Aircraft Certification Reform 

Section 2221. Aircraft certification performance objectives and 

metrics. 

This section would direct the FAA, in collaboration with the 

SOCAC, to establish performance objectives and to apply and track 

performance metrics for both the FAA and the aviation industry related to aircraft certification. The performance objective for aircraft 

certification would ensure that progress is being made in eliminating delays, increasing accountability, and achieving full utilization of delegation authority while maintaining leadership of the 

United States in international aviation. 

Section 2222. Organization designation authorizations. 

This section would amend existing law by requiring that, when 

overseeing an Organization Designation Authorization (ODA) holder, the FAA must require a procedures manual that addresses all 

procedures and limitations regarding the ODA’s functions and ensure that such functions are delegated fully to the ODA, unless the 

FAA determines there is a safety or public interest reason not to 

delegate functions. This section would also establish a centralized 

ODA policy office within the FAA’s Office of Aviation Safety to 

oversee and ensure the consistency of audit functions under the 

ODA program across the FAA. 


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Section 2223. ODA review. 

This section would establish a multi disciplinary expert review 

panel consisting of members appointed by the FAA to conduct both 

a survey of ODA holders and applicants and an assessment of the 

FAA’s processes and procedures to obtain feedback on the FAA’s efforts involving the ODA program and make recommendations to 

improve the FAA’s ODA-related activities. Within 6 months of the 

panel convening, the panel would submit a report to the FAA and 

appropriate committees of Congress on the assessment and recommendations. 

Section 2224. Type certification resolution process. 

This section would amend existing law by requiring the FAA to 

establish a type certification resolution process, in which the certificate applicant and the FAA would establish for each project specific certification milestones and timeframes for those milestones. If 

the milestones are not met within the specific timeframe, the relevant milestone(s) would be automatically escalated to the appropriate management levels of both the applicant and the FAA and 

be resolved within a specific period of time. 

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

This section would require, within 180 days, the FAA to establish 

and begin implementation of a risk-based policy that expedites the 

installation of safety enhancing technologies for small GA aircraft, 

and establish a more streamlined process so that the safety benefits of such technologies for small GA aircraft can be realized. 

Section 2226. Streamlining certification of small general aviation 

airplanes. 

This section would require the FAA to issue a final rule required 

by section 3 of the Small Airplane Revitalization Act of 2013 (49 

U.S.C. 44704 note) by December 31, 2016. 

Part III—Flight standards reform 

Section 2231. Flight standards performance objectives and metrics. 

This section would direct the FAA, in collaboration with the 

SOCAC established in section 2212, to establish performance objectives and to apply and track metrics for both the FAA and aviation 

industry relating to flight standards activities. 

Section 2232. FAA task force on flight standards reform. 

This section would direct the FAA to establish an FAA Task 

Force on Flight Standards Reform (Task Force). The Task Force 

would be composed of 20 industry experts and stakeholders, and be 

responsible for identifying best practices and providing recommendations for simplifying and streamlining flight standards 

processes for training opportunities for aviation safety inspectors, 

and for achieving consistency in FAA regulatory interpretations 

and oversight. 


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Section 2233. Centralized safety guidance database. 

This section would direct the FAA to establish a centralized safety guidance database that would include all regulatory guidance 

documents of the FAA Office of Aviation Safety. 

Section 2234. Regulatory Consistency Communications Board. 

This section would require the FAA, within 6 months of enactment, to establish a Regulatory Consistency Communications 

Board that would be composed of FAA representatives from the 

Flight Standards Service, Aircraft Certification Service, and the Office of the Chief Counsel in consultation with the FAA, labor organizations, and aviation stakeholders. The Board would be responsible for recommending a process by which FAA personnel and regulated entities may submit regulatory interpretation questions 

without fear of retaliation from the agency. The SOCAC would recommend performance objectives and performance metrics for both 

the FAA and the aviation industry to track the progress of actions 

of the Board. 

Section 2235. Flight standards service realignment feasibility report. 

This section would require the FAA, in consultation with the relevant industry stakeholders, to determine the feasibility of realigning flight standards service regional field offices into specialized 

areas of aviation safety oversight and technical expertise. 

Section 2236. Additional certification resources. 

This section would allow the FAA to enter into a reimbursable 

agreement with an applicant or certificate holder for reasonable 

travel expenses that are associated with expediting the acceptance 

or validation by a foreign authority of an FAA certificate or design 

approval. 

Part IV—Safety workforce 

Section 2241. Safety workforce training strategy. 

This section would direct the FAA to review and revise its safety 

workforce training. The review and revision would include fostering 

an inspector and engineer workforce with the necessary skills and 

training, allowing employees participating in organization management teams or ODA program audits to complete appropriate training, and seeking knowledge-sharing opportunities between the FAA 

and aviation industry. 

Section 2242. Workforce study. 

This section would direct the GAO to conduct a study to assess 

the workforce and training needs of the FAA’s Office of Aviation 

Safety. This study would look at current hiring and training requirements for inspectors and engineers, and analyze knowledge 

sharing opportunities between the FAA and the aviation industry 

to improve the safety of the regulatory system. 


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Part V—International aviation 

Section 2251. Promotion of United States aerospace standards, 

products, and services abroad. 

This section would amend existing law by directing the FAA to 

take appropriate actions to promote U.S. aerospace standards 

abroad, defend approvals of U.S. aerospace products and services 

abroad, and utilize bilateral safety agreements to improve validation of U.S. certified products. 

Section 2252. Bilateral exchanges of safety oversight responsibilities. 

This section would amend existing law by giving the FAA the 

ability to accept an airworthiness directive issued by the aeronautical authority of a foreign country and leverage the country’s 

regulatory process, if that process fits within defined parameters. 

Section 2253. FAA leadership abroad. 

This section would direct the FAA to promote U.S. aerospace 

safety standards abroad and to work with foreign governments to 

facilitate the acceptance of FAA approvals and standards internationally. The FAA would be directed to further assist American 

companies who have experienced significantly long foreign validation wait times, and to work with foreign governments to improve 

the timeliness of their acceptance of FAA validations and approvals. The FAA would also be required to track the amount of time 

it takes foreign authorities to validate U.S. type certificated aeronautical products and establish benchmarks and metrics to reduce 

the validation times. This would require the FAA to submit a report after 1 year describing the FAA’s strategic plan for international agreement, including recommendations if appropriate. 

Section 2254. Registration, certification, and related fees. 

This section would amend existing law by allowing the FAA to 

establish and collect a fee from a foreign government or entity for 

certification services if the fee is consistent with aviation safety 

agreements and does not exceed the cost of the services. 

Subtitle C—Airline Passenger Safety and Protections 

Section 2301. Pilot records database deadline. 

This section would require the FAA to establish and make available a pilots records database by April 30, 2017. During the investigation of the 2009 Colgan Air crash in New York, the NTSB 

noted that the carrier was unaware of the captain’s previous flight 

check failures because they were not included in the standard pilot 

record review process. As a result, the Airline Safety and FAA Extension Act of 2010 (P. L. 111–216) mandated that the FAA create 

a pilot records database to ensure FAA and air carrier pilot records 

are retained for the life of the pilot and that air carriers review 

those records when making hiring decisions. 

Section 2302. Access to air carrier flight decks. 

This section would require the FAA to collaborate with other 

aviation authorities to advance a global standard for access to air 

carrier flight decks and redundancy requirements consistent with 


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the flight deck access and redundancy requirements in the United 

States. The Germanwings tragedy highlighted the fact that some 

countries do not require, as the United States does, two authorized 

persons to be on the flight deck of a large passenger aircraft at all 

times during a flight. 

Section 2303. Aircraft tracking and flight data. 

This section would require the FAA to assess the current standards for near-term and long-term aircraft tracking and flight data 

recovery and to conduct a rulemaking to improve such standards, 

if necessary. In revising these performance standards, the FAA 

may consider various methods for improving detection and retrieval 

of flight data, including low frequency and extended battery life for 

underwater locating devices, automatic deployable flight recorders, 

satellite-based solutions, distress-mode tracking, and protections 

against disabling flight recorder systems. The FAA is also instructed to coordinate with international regulatory authorities and 

the International Civil Aviation Organization (ICAO) in an effort to 

ensure that any new international standard for aircraft tracking 

and flight data recovery is consistent with a performance-based approach and is implemented in a globally harmonized manner. 

Section 2304. Automation reliance improvements. 

This section would require the FAA to review and update, as necessary, recent guidance regarding pilot flight deck monitoring that 

an air carrier can use to train and evaluate its pilots to ensure that 

air carrier pilots are trained to use, and monitor, automation systems while also maintaining proficiency in manual flight operations. As part of reviewing and updating this guidance, the FAA 

would be required to consider certain factors and convene an expert 

panel to assist in updating the guidance. This section would also 

require the DOT IG to review the air carriers’ implementation of 

the guidance and the ongoing work of the expert panel. 

Section 2305. Enhanced mental health screening for pilots. 

This section would require the FAA to implement additional 

screening for mental health conditions as part of a comprehensive 

medical certification process for pilots with a first or second class 

medical certificate. Additionally, the FAA would be required to assess treatment that would address any risk associated with such 

mental health conditions. 

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

This section would require the FAA to conduct a rulemaking to 

increase the scheduled rest period for flight attendants from 9 to 

10 hours, with reasonable flexibility to be considered as part of the 

rulemaking on the minimum hours. Airlines would be required to 

develop fatigue risk management plans for flight attendants. 

Section 2307. Training to combat human trafficking for certain air 

carrier employees. 

This section would revise the training requirements that air carriers must provide to their flight attendants by adding a requirement that flight attendants must be trained in identifying and reVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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porting to appropriate governmental personnel or a law enforcement officer regarding a potential victim or incidence of human 

trafficking. 

Section 2308. Report on obsolete test equipment. 

This section would require the FAA to submit a report to Congress on the National Test Equipment Program. This report would 

contain a list of all known outstanding requests for test equipment 

and the FAA’s recommendations for increasing multi-functionality 

in future test equipment to be developed. 

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

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

required to consider relevant NTSB findings and aviation stakeholder views. 

Section 2310. Laser pointer incidents. 

This section would require the FAA, in coordination with the 

Federal Bureau of Investigation (FBI), to begin providing quarterly 

updates to Congress regarding the number of incidents involving 

the beam from a laser pointer being aimed at, or in the flight path 

of, an aircraft, the number of civil or criminal enforcement actions 

taken by the FAA or the FBI with regard to these incidents, the 

resolution of any incidents that did not result in an enforcement or 

criminal action, and any action the FAA or the FBI have taken on 

their own or in conjunction with other Federal agencies. 

Section 2311. Helicopter air ambulance operations data and reports. 

This section would require the FAA, in collaboration with helicopter air ambulance industry stakeholders, to assess the availability of information related to the location of heliports and 

helipads used by helicopters providing air ambulance services. 

Based on the assessment, the FAA would, as appropriate or necessary, update forms related to heliports and helipads and develop 

a new database related to such helicopter landing areas for air ambulance services. This section would also make various changes to 

safety data that operators of helicopter air ambulance services 

must provide to the FAA for more risk-based, data driven safety 

oversight. 

Section 2312. Part 135 accident and incident data. 

This section would require the FAA to determine, in collaboration with the NTSB and Part 135 industry stakeholders, what, if 

any, additional data should be reported as part of an accident or 

incident notice. The FAA would then submit a report to Congress 

on its findings in an effort to more accurately measure the safety 

of on-demand Part 135 aircraft activity, to pinpoint safety problems, and to form the basis for critical research and analysis of GA 

issues for more risk-based, data driven safety oversight. 


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Section 2313. Definition of human factors. 

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

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

This section would express the sense of Congress that the pilot 

in command of an aircraft is directly responsible for, and is the 

final authority as to, the operation of that aircraft. 

Section 2315. Enhancing ASIAS. 

This section would direct the FAA to work with relevant aviation 

industry stakeholders to assess what, if any, improvements are 

needed to develop the predictive capability of the Aviation Safety 

Innovation Analysis and Sharing (ASIAS) system with regard to 

identifying precursors to accidents. The FAA would be required to 

report to Congress on the assessment. 

Section 2316. Improving runway safety. 

This section would require the FAA to expedite the development 

of metrics to allow the FAA to determine whether runway incursions are increasing and to assess the effectiveness of implemented 

runway safety initiatives. The FAA would also be required to submit a report to Congress describing the progress being made in developing these metrics not later than 1 year after the date of enactment of this Act. 

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

This section would require the FAA to update its rules to implement the revised standards issued by ICAO on February 22, 2016, 

prohibiting the bulk air transport of lithium ion batteries on passenger aircraft and cargo shipment of lithium batteries with an internal charge above 30 percent. The DOT would be encouraged to 

work with ICAO, pilots, and industry stakeholders to facilitate continued shipments of medical device batteries consistent with high 

standards of safety. The DOT would be allowed to review existing 

rules regarding the air transportation, including passenger-carrying and cargo aircraft, of lithium batteries and cells. 

This section would also establish a lithium battery safety working group to research additional ways to decrease the risk of fires 

and explosions from lithium batteries and cells during bulk air 

transport; additional ways to ensure uniform transportation requirements for both bulk and individual batteries; and new or existing technologies and practices that could reduce the fire and explosion risk of lithium batteries and cells. One year after it is established, the working group would report to Congress on its research. 

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

This section would prohibit the Secretary of Homeland Security 

from implementing any change to the prohibited items list of the 

TSA that would permit passengers to carry small, non-locking 

knives beyond passenger screening checkpoints at airports or on a 

passenger aircraft. 


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Section 2319. Aircraft cabin evacuation procedures. 

This section would require the FAA to review the evacuation certification of transport-category aircraft with regard to emergency 

conditions, crew procedures used for evacuations under actual 

emergency conditions, any relevant changes to passenger demographics and legal requirements, and any relevant changes to passenger seating configurations, as well as review recent accidents 

and incidents in which passengers evacuated such aircraft. In conducting this review, the FAA would be required to consult with the 

NTSB, relevant aircraft manufacturers, air carriers, and other relevant experts and Federal agencies, and would be required to review relevant data with respect to evacuation certification. In addition, this section would require the FAA to submit a report to Congress on the results of the review and any related recommendations not later than 1 year after the date of enactment of this Act. 

Subtitle D—General Aviation Safety 

Section 2401. Automated weather observing systems policy. 

This section would require the FAA to update automated weather observing systems (AWOS) standards to maximize the use of 

new technologies that promote the reduction of equipment or maintenance cost for non-Federal AWOS, and to review and update, as 

necessary, any existing policies in accordance with the new standards. The FAA would also be required to establish a process under 

which appropriate onsite airport personnel or aviation officials may 

be permitted to conduct the minimum tri-annual preventative 

maintenance checks for non-Federal AWOS, as long as they have 

the appropriate training. In updating these standards, the FAA 

would be required to ensure that the standards are performancebased, to use risk analysis to determine the accuracy of the AWOS 

outputs required for pilots to perform safe aircraft operations, and 

to provide a cost benefit analysis demonstrating the benefits outweigh the cost for any requirement not directly related to safety. 

Section 2402. Tower marking. 

This section would require the FAA to issue regulations to require the marking of certain towers that are between 50 and 200 

feet tall (‘‘covered towers’’) to promote safety for low-flying aircraft, 

particularly those involved in agricultural operations. Additionally, 

this section would require the FAA to develop a database, with appropriate protections of proprietary information, that contains the 

location and height of each covered tower. 

Section 2403. Crash-resistant fuel systems. 

This section would require the FAA to evaluate and update, as 

necessary, the standards for crash-resistant fuel standards for civilian rotorcraft. 

Section 2404. Requirement to consult with stakeholders in defining 

scope and requirements for Future Flight Service Program. 

This section would require the FAA to consult with GA stakeholders in defining the scope and requirements for any new Future 

Flight Service Program to be used in a competitive source selection 


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for the next flight service contract with the FAA not later than 180 

days after the enactment of this Act. 

Subtitle E—General Provisions 

Section 2501. Designated agency safety and health officer. 

This section would create a new position within the FAA called 

the Designated Agency Safety and Health Officer (DASHO). This 

position would be a full-time, senior executive position, reporting 

directly to the Assistant Administrator for Human Resource Management. The duties of the DASHO would include responsibility 

and accountability for auditing occupational safety and health 

issues across the FAA, overseeing FAA-wide compliance with relevant Federal occupational safety and health statutes and regulations, national industry and consensus standards, and FAA policies, and encouraging a culture of occupational safety and health 

to complement the FAA’s existing safety culture. 

Section 2502. Repair stations located outside United States. 

This section would require the FAA to take measures to ensure 

that the safety assessment system established for foreign repair 

stations places particular consideration on inspections of those stations that conduct scheduled heavy maintenance work on Part 121 

air carrier aircraft, and accounts for the frequency and seriousness 

of any corrective actions that Part 121 air carriers must implement 

to aircraft following such work at such repair stations. Those measures would be taken in accordance with U.S. obligations under applicable international agreements, and in a manner consistent with 

the applicable laws of the country in which a repair station is located. 

The FAA would also be required to conduct a rulemaking regarding alcohol and drug testing for foreign repair station employees. 

This section would also require the FAA to ensure that each employee of a foreign repair station who performs a safety-sensitive 

function on an air carrier aircraft has undergone a pre-employment 

background investigation sufficient to determine whether the individual presents a threat to aviation safety, in a manner that is acceptable by the FAA, consistent with the applicable laws of the 

country in which the repair station is located, and consistent with 

U.S. obligations under international agreements. 

Section 2503. FAA technical training. 

This section would require the FAA, in collaboration with the exclusive bargaining representatives of covered FAA personnel, to establish an e-learning training pilot program in accordance with 

specific requirements. The pilot program would terminate 1 year 

after its creation, and upon its termination, the FAA would be required to assess and establish or update an e-learning training program that incorporates lessons learned from the pilot program. 

Section 2504. Safety critical staffing. 

This section would instruct the DOT IG to conduct and complete 

an audit of the staffing model used by the FAA to determine the 

number of aviation safety inspectors that are needed to fulfill the 

mission of the FAA and adequately ensure aviation safety. At a 


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23There are three classes of pilot medical certifications: the third-class airman medical certificate, needed for a private pilot license; the second-class airman medical certificate, needed for 

a commercial pilot license; and the first-class airman medical certificate, needed for an Airline 

Transport Pilot license. 

minimum, the audit would include a review of the current staffing 

model and an analysis of how consistently the staffing model is applied throughout the FAA, a review of the assumptions and methods used in devising and implementing the staffing model, and a 

determination as to whether the current staffing model considers 

the FAA’s authority to fully utilize designees. Upon the completion 

of this audit, the DOT IG would be required to report to Congress 

with the results. 

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

This section would require the FAA to identify airports that are 

currently served by FAA towers with non-radar approach and departure control and to develop an implementation plan, including 

budgetary considerations, to provide those identified facilities with 

approach control radar. 

Subtitle F—Third Class Medical Reform and General Aviation Pilot 

Protections 

Section 2601. Short title. 

This section would designate the short title of this subtitle as the 

‘‘Pilot’s Bill of Rights 2.’’ This subtitle reflects the version of S. 571 

as agreed to by the Senate on December 17, 2015. 

Section 2602. Medical certification of certain small aircraft pilots. 

This section would create an exemption, under specified circumstances, to the FAA’s current third-class airman medical certification requirements for GA pilots.23 This section would direct 

the FAA to issue or revise regulations to ensure that an individual 

may operate as a pilot of a ‘‘covered aircraft’’, if certain conditions 

are met. In particular, the flight must be operated at an altitude 

of 18,000 feet or below and at an indicated airspeed of not more 

than 250 knots, and the individual must possess a valid State driver’s license, comply with applicable medical requirements associated with that license, comply with applicable health requirements 

described below, be transporting five or fewer passengers (not including the pilot), and be operating under visual or instrument 

flight rules. A pilot may not operate a flight under this exemption 

for compensation or hire. 

A ‘‘covered aircraft’’ would be one that is authorized under Federal law to carry not more than 6 occupants, and has a maximum 

certificated takeoff weight of no more than 6,000 pounds. 

A pilot seeking to operate a covered aircraft under the revised 

medical requirements would be required to have had ‘‘one-touch’’ 

with the FAA. Specifically, an individual would be required to have 

held an FAA medical certificate in the 10 years before enactment 

of the section or at some point thereafter. A pilot who obtained 

such a certificate would not be required to return to the FAA to 

renew or otherwise obtain a medical certificate except as otherwise 

set forth in this section. 


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24 An aviation medical examiner (AME) is a private physician who has been designated by the 

FAA and given the authority to perform flight physical examinations and issue aviation medical 

certificates. 

Every 2 years, an individual would be required to complete an 

online airman medical education course that meets the following 

requirements: available on the Internet free of charge; developed 

and periodically updated in coordination with representatives of 

relevant GA stakeholder groups; educates pilots on conducting 

medical self-assessments; advises pilots on how to identify warning 

signs of potential serious medical conditions; outlines risk mitigation strategies for medical conditions; increases awareness of potentially impairing medications; encourages regular medical exams 

and consultations with primary care physicians; and informs pilots 

of the regulations pertaining to the prohibition on flying during a 

medical deficiency. 

The medical education course may be developed by the FAA, or 

the agency could utilize a suitable one developed by a nonprofit or 

not-for-profit GA organization. The FAA would be required to coordinate with GA stakeholder groups promptly to ensure that the 

online course is provided in a timely manner through the FAA 

website or other means. If any entity other than the FAA creates 

an online medical course intended to satisfy the requirements of 

this legislation, that entity would be required to coordinate with 

the FAA to ensure that it meets all FAA standards. 

This section would provide that an individual may not qualify for 

the exemption if the most recent application for airman medical 

certification the individual submitted to the FAA was completed 

and the FAA denied the application. In some instances, when an 

individual is referred to the FAA to be considered for an Authorization for Special Issuance, the individual or the individual’s physician does not provide all of the information or documentation required under that process and the application is closed for inactivity or failure to provide information. In such instances, the applications would not be considered complete for the purposes of this 

section. While individuals who are ultimately denied issuance of an 

airman medical certificate would not qualify for the exemption, 

nothing should be construed as precluding an individual from attempting to obtain a medical certification in the future, and thereafter qualifying for the exemption once the initial medical certification requirement is met, as well as all other relevant requirements under this section. 

At the conclusion of the medical education course, a series of 

forms would be generated for the pilot to complete and submit to 

the FAA. One of the forms that would be provided to the pilot is 

the medical examination checklist described below. 

A pilot would also be required to have a comprehensive medical 

examination every 4 years. The examination must include a review 

of a checklist of medical items and conditions, as specified in the 

bill, similar to one currently used by aviation medical examiners 

(AMEs).24 The FAA would be required to develop this checklist 

within 180 days of the date of enactment of the bill, and the Committee fully expects the agency to comply with this stringent deadline. 

The pilot also would be required to provide a comprehensive 

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25The FAA may issue an Authorization for Special Issuance of a Medical Certificate, with a 

specified validity period, to an applicant who does not meet the established medical standards 

(i.e., has a disqualifying medical condition). The applicant must demonstrate to the FAA that 

the duties authorized by the class of medical certificate applied for can be performed without 

endangering public safety. 

tion) he or she takes, which the physician would be required to review with the pilot during the examination. The physician performing the examination would be required to also follow the 

checklist of items to be evaluated, aimed at identifying conditions 

that could interfere with the safe operation of an aircraft. The physician would be instructed to address, as medically appropriate, 

any medical conditions identified and any drugs the pilot is taking. 

In some instances, a simple discussion of the condition or drugs 

may be adequate. In other cases, a referral to a specialist or further tests may be required. The pilot’s physician would be required 

to certify that all items on the checklist were discussed during the 

exam, including any drugs the pilot is taking, and that the examination included all items on that checklist. 

Pilots would be required to retain certificates and forms demonstrating an understanding of applicable medical requirements 

and compliance with the new requirements in the bill. Among other 

things, all pilots would be required to certify that they understand 

that they may not fly during a period of medical deficiency. 

If diagnosed with any medical condition that may impact the 

ability to fly, an individual would be required to be under the care 

and treatment of a physician in order to fly. Individuals who are 

diagnosed with certain mental health and neurological disorders 

would be required to have or obtain an Authorization for Special 

Issuance of a Medical Certificate, which is the current standard 

process.25 Individuals diagnosed with certain cardiovascular conditions would be required to go through the Special Issuance process 

(as modified by the bill) one time for each diagnosed condition. For 

such individuals, the requirements for obtaining a Special Issuance 

may be satisfied with the successful completion of an appropriate 

clinical evaluation without an FAA-imposed mandatory wait period, during which a pilot may not fly. Other than the foregoing 

specified mental, neurological, or cardiovascular conditions or disorders, the bill would not require a pilot operating under the exemption in this section to go through the Special Issuance process 

for any other medical conditions or disorders. 

The medical certificate exemption established in this section 

would not be available for individuals with clinically diagnosed 

mental health or neurological conditions if the individual’s medical 

specialist determines such conditions render the individual unable 

(or reasonably expected to make him or her unable) to fly under 

the operational flight parameters in this section. 

The FAA would be required to identify medical conditions that 

could be added to an existing agency program, known as CACI, 

that allows AMEs to issue medical certificates for individuals with 

certain conditions that are known to be treatable (reducing the 

aviation safety risk) without requiring the individuals to go 

through the Authorization for Special Issuance of a Medical Certificate process. The FAA would be required to consult with aviation, 

medical, and union stakeholders to identify conditions that should 

be reviewed by aviation medical experts, using the best available 


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scientific evidence, to determine whether they can be added to the 

CACI process. 

The FAA also would be required to implement procedures to 

streamline the process for obtaining an Authorization for Special 

Issuance of a Medical Certificate and similar consultations would 

be required. 

Five years after the date of enactment, the FAA, in coordination 

with the NTSB, would be required to report to Congress on the effects of the changes made by this section. 

This section would prohibit the FAA from taking enforcement action against a pilot of a covered aircraft for not holding a valid 

third-class airman medical certificate if the pilot and the flight 

meet the requirements, through a good faith effort, under subsection (a) of this section (except for the medical education course 

required under subsection (a)(5)), unless the FAA has published 

final regulations implementing the requirements of this section. 

The exception for subsection (a)(5) is to ensure that the FAA cannot circumvent the enforcement prohibition if the development of 

the medical course is delayed. The limitation on enforcement would 

come into effect 1 year after enactment of the provision. 

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

This section would make several amendments to the Pilot’s Bill 

of Rights, which allows individuals denied an airman certificate to 

appeal that denial to U.S. District Court after it has been upheld 

under the normal NTSB appeals process. This section would expand the scope of that provision to allow individuals who have had 

their airman certificates suspended or revoked to avail themselves 

of the same appeals process, and would modify the standard of review for appeals in U.S. District Court. 

A key change to current law, under this bill, would be the availability of a U.S. District Court review on a de novo basis once the 

current administrative remedies have been exhausted (including an 

appeal to the full NTSB). Under a de novo review, the District 

Court would try the matter. In such a court case, any element of 

the record of administrative review could be presented as evidence, 

but the court would not be compelled to give deference to administrative decisions. Also in such court cases, the FAA would bear the 

burden of proof under any appeal related to suspended or revoked 

certificates while the airman would bear the burden for the appeal 

of a denied certificate. The intent is that the FAA would bear the 

burden of proof in instances where the agency is accusing a pilot 

of an infraction against rules, however the pilot would bear the 

burden of proof when he or she is required to demonstrate proficiency or sufficient qualifications. 

This section would impose new requirements for notifications 

with respect to FAA investigations relating to airman certificates. 

This section would set out requirements for the FAA to provide 

a copy of the releasable portion of the investigative report to the 

holder of an airman certificate who is the subject of certain enforcement actions. If the FAA fails to adhere to the requirements of this 

section, the certificate holder may move to dismiss the complaint 

before an administrative law judge (ALJ). The ALJ may order appropriate relief if the FAA fails to establish good cause for failure 


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to comply with this section. This section would also define the portions of an investigative report considered releasable. 

Section 2604. Limitations on reexamination of certificate holders. 

This section would only apply to reexaminations that are ordered 

due to the fault of the FAA. It would prohibit the FAA from reexamining a GA pilot holding a student, sport, recreational, or private pilot airman certificate unless the agency has reasonable 

grounds to: (1) establish a lack of qualification on the part of the 

pilot; or (2) demonstrate that the certificate was obtained through 

fraud or an exam that was inadequate. Before taking action to reexamine a pilot, the FAA would be required to provide a GA pilot 

the reasonable basis for the reexamination and relevant information that formed that basis. 

This section would prohibit the FAA from ordering certain certificate actions against a GA pilot, after a reexamination, unless the 

FAA determines that the pilot lacks the technical skills and competency, or care, judgment, and responsibility, necessary to hold 

and safely exercise the privileges of the certificate, or fraudulently 

obtained it. This section also would set forth the standard of review 

for any such certificate actions. 

Section 2605. Expediting updates to notam program. 

This section would amend the Pilot’s Bill of Rights to require the 

NOTAM Improvement Program to be maintained in a public repository that is accessible on the Internet, machine readable, and 

searchable. It also would require the FAA to include temporary 

flight restrictions within the NOTAM Improvement Program; direct 

the FAA to consider the repository of NOTAMs created to be the 

sole source location for pilots to check for NOTAMs; determine that 

NOTAMs are announced and published when included in the repository; and, after the FAA completes the NOTAM Improvement 

Program, prohibit the enforcement of a NOTAM violation if the 

NOTAM was not included in the repository before the flight commenced. The FAA also would be prohibited from enforcing NOTAM 

violations, within 180 days after the date of enactment of this bill, 

until the FAA certifies to Congress that it has implemented the 

changes to the NOTAM system required by this section; however, 

an exception for national security is provided. 

Section 2606. Accessibility of certain flight data. 

This section would impose requirements on the FAA with regard 

to certain records related to certificate actions. Specifically, when 

the FAA receives a written request for a flight record (as defined 

in the Pilot’s Bill of Rights) from an individual who is the subject 

of an investigation initiated by the FAA, and the covered flight 

record is not in the possession of the FAA, the FAA would be required to request the relevant record from the contract tower or 

other contractor of the FAA that possesses such flight record. These 

records would be required to be provided to the FAA by such entities. 

If the Administrator has issued, or subsequently issues, a Notice 

of Proposed Certificate Action relying on evidence contained in a 

flight record, and the individual who is the subject of an investigation has requested the record, the FAA would be required to 


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promptly produce the record and extend the time the individual 

has to respond to the Notice of Proposed Certificate Action until 

the covered flight record is provided. 

The FAA would have 180 days after the date of enactment to 

promulgate regulations or guidance to ensure compliance with this 

section. 

Any contract or agreement entered into or renewed after enactment of the bill, between the FAA and a covered entity, would be 

required to contain material terms to ensure compliance with the 

requirements of this section relevant contracts that are in effect on 

the date of enactment need not have such material terms unless 

the contract or agreement is renegotiated, renewed, or modified 

after that date. 

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

This section would require the FAA to revise its regulations to 

authorize legal counsel to close certain enforcement actions with a 

warning notice, letter of corrections, or other administrative action. 

Title III—Air service improvements 

Section 3001. Definitions. 

This section would define terms used in this title. 

Subtitle A—Passenger Air Service Improvements 

Section 3101. Causes of airline delays or cancellations. 

This section would require the DOT to review the categorization 

of delays and cancellations with respect to air carriers that are required to report such data. This section would also allow for the 

DOT to use the Advisory Committee for Aviation Consumer Protection to assist in conducting the review and providing recommendations. Upon the conclusion of the review, this section would require 

the DOT to submit a report to Congress on the outcome, including 

describing any recommendations that were made. It is important 

to note that nothing in this section shall be construed as affecting 

the decision of an air carrier to maximize itssystem capacity during 

weather related events to accommodate the greatest number of passengers. 

Section 3102. Involuntary changes to itineraries. 

This section would instruct the DOT to review whether it is an 

unfair or deceptive practice for an air carrier to change the 

itinerary of a passenger, more than 24 hours before departure, if 

the new itinerary involves additional stops or departs 3 hours earlier, or later, and compensation or other more suitable air transportation is not offered. 

Section 3103. Additional consumer protections. 

This section would require the DOT to issue a supplemental notice of proposed rulemaking to its notice of proposed rulemaking 

published on May 23, 2014, relating to the transparency of airline 

ancillary fees and other consumer protection issues. This supplemental notice of proposed rulemaking would consider requiring an 

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ation, to a consumer who is impacted by (1) delays or cancellations 

when an air carrier has a choice as to which flights to cancel or 

delay during a weather event, or (2) involuntary itinerary changes. 

This supplemental rulemaking is not intended to delay the May 23, 

2014, open notice of proposed rulemaking. 

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

This section would slightly expand the type of aircraft accidents 

for which U.S. and foreign air carriers must provide certain services to passengers and their families, as already required by law. 

The statutory threshold is changed from ‘‘major loss of life’’ to ‘‘any 

loss of life.’’ This section would also include technical and conforming changes to the law related to the assistance that the NTSB 

that must provide to families in such circumstances. 

Section 3105. Emergency medical kits. 

This section would require the FAA to evaluate and revise, as appropriate, the regulations regarding the onboard emergency medical equipment requirements, including the contents of the first-aid 

kit. In conducting this evaluation, the FAA would be instructed to 

consider whether the minimum contents of approved emergency 

medical kits include appropriate medications and equipment to 

meet the emergency medical needs of children, including the consideration of an epinephrine auto-injector, as appropriate. 

Section 3106. Travelers with disabilities. 

This section would instruct the GAO to conduct a study of airport 

accessibility best practices for individuals with disabilities beyond 

those recommended under previous acts including to improve infrastructure and communications, such as way findings, amenities, 

and passenger care. The GAO would then be required to submit a 

report to Congress on its findings, conclusions, and recommendations. 

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

This section would extend the Advisory Committee for Aviation 

Consumer Protection through the last fiscal year of this Act. This 

section would also require each member of the advisory committee 

who is not a government employee to annually disclose any potential conflicts of interest to the DOT. 

Section 3108. Extension of competitive access reports. 

This section would extend for the term of the bill the statutory 

requirement for medium and large hub airports to file with the 

DOT competitive access reports. 

Section 3109. Refunds for delayed baggage. 

This section would instruct the DOT to promulgate regulations 

to require an airline to promptly provide an automatic refund to a 

passenger if the air carrier has charged the passenger an ancillary 

fee for checked baggage but the air carrier fails to deliver the 

checked baggage to the passenger within a specific timeframe, not 


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to exceed 12 hours after the arrival of a domestic flight or 24 hours 

after an international flight. 

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

This section would instruct the DOT to promulgate regulations 

that require each air carrier to promptly provide an automatic refund of any ancillary fees paid for services that the passenger did 

not receive on a passenger’s scheduled flight, on a subsequent replacement itinerary, or on a flight canceled by the passenger. 

Section 3111. Disclosure of fees to consumers. 

This section would instruct the DOT to promulgate regulations 

requiring each air carrier and ticket agent to disclose in a standardized format the baggage fee, cancellation fee, change fee, 

ticketing fee, and seat selection fee of that air carrier. The regulations developed would ensure that each disclosure be prominently 

displayed to a consumer prior to the point of purchase in clear and 

plain language and in an easily readable font size. This section 

would not prescribe that carriers be required to provide any information to travel intermediaries outside of contractual arrangements. 

Section 3112. Seat assignments. 

This section would call for the DOT to require each air carrier 

and ticket agent to disclose to consumers that the selection of preferred seating for a flight and any associated fees are optional and 

that, if a consumer does not pay for a preferred seat, a seat will 

be assigned to the consumer from available inventory prior to departure. This section would also outline how this information 

should be disclosed to the consumer if a ticket is bought online 

versus how it should be disclosed if the ticket is purchased over the 

telephone. 

Section 3113. Child seating. 

This section would require DOT to require each air carrier and 

ticket agent to disclose whether adjoining seats are available at no 

additional cost at the time of purchase or, if such seats are not 

available, to disclose what the air carrier’s policy is for accommodating adjoining seat requests prior to departure. This requirement 

would apply if a reservation includes a child under the age of 13 

traveling with an accompanying passenger who is age 13 or older. 

This section would also outline how this information should be disclosed to the consumer if a ticket is bought online versus how it 

should be disclosed if the ticket is purchased over the telephone. 

Section 3114. Consumer complaint process improvement. 

This section would require each commercial air carrier and ticket 

agent to inform each consumer of an airline carrier service, at the 

point of sale, that the consumer can file a complaint about air carrier service with the air carrier and with the Aviation Consumer 

Protection Division of the DOT. Also included in this section is a 

requirement for each air carrier to include specific consumer complaint process information on its website. 


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Section 3115. Online access to aviation consumer protection information. 

This section would require the DOT to complete an evaluation of 

the aviation consumer protection portion of its public website to determine whether there are any changes to the user interface that 

will improve usability, accessibility, consumer satisfaction, and 

Website performance. The DOT would be instructed to consider the 

best practices of other Federal agencies with effective Websites, to 

consult with the Federal Web Managers Council, and to develop a 

plan, including an implementation timeline, in completing this 

evaluation. The DOT would then be required to submit the evaluation and plan to Congress. 

Additionally, this section would require the DOT to implement a 

program to develop application software for wireless devices that 

will enable a user to access information and perform activities related to aviation consumer protection. Once developed, this application software would be required to be made available to the public 

at no cost. 

Section 3116. Study on in cabin wheelchair restraint systems. 

This section would require the Architectural and Transportation 

Barriers Compliance Board, in consultation with the DOT, to conduct a study to determine the ways in which particular individuals 

with significant disabilities who use wheelchairs, including power 

wheelchairs, can be accommodated through in-cabin wheelchair restraint systems. 

Section 3117. Training policies regarding assistance for persons 

with disabilities. 

This section would require the GAO to prepare a report for Congress on air carrier training policies related to assistance for persons with disabilities. The DOT would be required to develop and 

disseminate to air carriers any best practices that stem from the 

report. 

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

This section would establish an advisory committee for the air 

travel needs of passengers with disabilities. 

Section 3119. Report on covered air carrier change, cancellation, 

and baggage fees. 

This section would require the GAO to conduct a study of existing airline industry change, cancellation, and bag fees and the current industry practice for handling changes to or cancellation of 

ticketed travel on covered air carriers. 

Section 3120. Enforcement of aviation consumer protection rules. 

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

Section 3121. Dimensions for passenger seats. 

This section would require the FAA to review the minimum seat 

pitch for airline passengers’ seats, taking safety into consideration. 


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Section 3122. Cell phone voice communication ban. 

This section would allow DOT to issue regulations to prohibit an 

individual on an aircraft from engaging in voice communication 

using a mobile communications device during a flight of that aircraft. Any member of the flight crew on duty on an aircraft, any 

flight attendant on duty on an aircraft, and any Federal law enforcement officer acting in an official capacity would be exempt 

from this prohibition. 

Section 3123. Availability of slots for new entrant air carriers at 

Newark Liberty International Airport. 

This section would direct the DOT to annually make not less 

than eight slots at Newark Liberty International Airport available 

to enable new entrant air carriers to provide air transportation. 

This statutory requirement would not apply in any year that new 

entrant air carries operate five percent or more of the total number 

of slots at Newark Liberty International Airport or if DOT makes 

a determination that making slots available to new entrants at 

that airport is not in the public interest and would significantly increase operational delays. Additionally, this section would require 

the DOT to notify the appropriate committees of Congress not later 

than 14 calendar days after the date a determination is made that 

making slots available to new entrants is not in the interest of the 

public. 

Subtitle B—Essential Air Service 

Section 3201. Essential air service. 

This section would reauthorize the EAS program at current authorized funding levels of $155 million for each of FY 2016 and FY 

2017. This section would also adjust the Federal share of certain 

costs related to community eligibility for subsidized air service. The 

DOT would be required to consider the flexibility of current operational dates and airport accessibility to meet local community 

needs when issuing requests for proposal for EAS service at seasonal airports. 

Section 3202. Small community air service development program. 

This section would reauthorize the Small Community Air Service 

Development Program at $10 million for each of FY 2016 and FY 

2017, an increase over the $6 million currently authorized. 

Section 3203. Small community program amendments. 

This section would allow the Secretary of Transportation to 

waive the limitation related to projects that are the same, if the 

community or consortium spent little or no money on its previous 

project or encountered industry or environmental challenges, due to 

circumstances that were reasonably beyond the control of the community or consortium. 

Section 3204. Waivers. 

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

receiving subsidized air service. 


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Section 3205. Working Group on improving air service to small 

communities. 

This section would require the DOT and the FAA to establish a 

working group that identifies obstacles to attracting and maintaining air transportation service to and from small communities and 

to develop recommendations for maintaining and improving air 

transportation service to and from small communities. 

Title IV—NextGen and FAA organization 

Section 4001. Definitions. 

This section would define terms used in this title. 

Subtitle A—Next Generation Air Transportation System 

Section 4101. Return on investment assessment. 

This section would require the FAA to submit a report to Congress which assesses the overall NextGen portfolio. As part of this 

report, the FAA would be required to delineate how each NextGen 

program directly contributes to a more safe and efficient air traffic 

control system, what the expectations and priorities of NextGen are 

in a manner that clearly articulates the current status of NextGen 

programs, and the return on investment dates and projected impacts of these programs for both the Federal Government and the 

users of the national airspace system. 

Additionally, this section would require the FAA, in consultation 

with the NextGen Advisory Committee, to use the assessment described above to develop a priority list of all NextGen programs 

and activities. This priority list should be included in the aforementioned report to Congress. Finally, the FAA would be required to 

modify the agency’s budget submissions to reflect the current status of NextGen programs and the projected returns on investment 

for each program. 

Section 4102. Ensuring FAA readiness to use new technology. 

This section would require the FAA to take the necessary steps 

before 2018 to ensure that the agency has the capability to receive 

space-based ADS-B data and that this data can be used to provide 

positive air traffic control, including separation of aircraft over the 

oceans and other specific regions not covered by radar, with the 

same reduced minimum separation capability as neighboring foreign air navigation services are providing. 

This section would also require the FAA to begin submitting a 

biannual report to Congress 6 months after the date of enactment 

detailing the actions the FAA has taken to ensure 2018 readiness 

and usage, what actions remain to be taken, an updated timeline 

for expected completion of each outstanding action, and a detailed 

description of the FAA’s investment decisions and requests for 

funding consistent with FAA’s existing terrestrial ADS-B implementation to ensure a sustained program beyond 2018. This report 

would be required until the capability of the FAA to receive spacebased ADS-B data is complete. 


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Section 4103. NextGen annual performance goals. 

This section would direct the FAA to establish annual NextGen 

performance goals in order to meet previously established performance metrics baselines and would add a requirement for the DOT 

to include, in a statutorily-required report to Congress, a description of the progress made on NextGen performance goals relative 

to the performance metrics established under section 214 of the 

FMRA (49 U.S.C. 40101 note). Additionally, this section would require the FAA to consider the progress made toward meeting the 

NextGen performance goals when evaluating the performance of 

the Chief NextGen Officer for the purpose of awarding a bonus. Finally, this section would require the annual performance agreement made between the Administrator of the FAA and the Chief 

NextGen Officer to include quantifiable NextGen airspace performance objectives established by the NextGen Advisory Committee. 

Section 4104. Facility outage contingency plans. 

This section would require the FAA to update the agency’s comprehensive contingency plan to address potential air traffic facility 

outages that could have a major impact on operation of the national airspace system. This section is in response to the September 

26, 2014, incident in which an FAA contract employee deliberately 

started a fire that destroyed critical equipment at the FAA’s Chicago Air Route Traffic Control Center in Aurora, Illinois. 

Additionally, not later than 60 days after the date the comprehensive contingency plan is updated, the FAA would be required 

to submit a report to Congress on the update, including any recommendations for ensuring that air traffic facility outages do not 

have a major impact on operation of the national airspace system. 

Section 4105. ADS-B mandate assessment. 

This section would require the DOT IG to assess both the FAA’s 

and industry’s readiness to meet the ADS-B mandate, changes 

made to the ADS-B program since May 2010, and additional options to comply with the mandate and consequences for both individual system users and for the overall safety and efficiency of the 

national airspace system for noncompliance. The DOT IG would 

then be required to submit a report to Congress on this assessment, including and recommendations regarding the effective delivery and performance of the ADS-B mandate. 

The FAA’s ADS–B program is expected to be the centerpiece of 

the NextGen effort at the FAA, but the satellite-based system faces 

uncertainty and controversy. In May 2010, the agency published a 

final rule that mandated airspace users be equipped with ADS–B 

Out avionics by January 1, 2020. Subsequently, in April 2015, the 

FAA announced completion of the ADS–B ground-based radio infrastructure. However, the ADS–B program faces considerable doubt 

and unanswered questions about whether or not the 2020 mandate 

is still meaningful. 

In 2014, the DOT IG found that while ADS–B is providing benefits where radar is limited or nonexistent in places such as the Gulf 

of Mexico, the system is providing only limited initial services to 

pilots and air traffic controllers in domestic airspace. The DOT IG 

also found, in 2014, that all elements of the system, such as avionics, the ground infrastructure, and controller automation sysVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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tems, had not yet been tested in combination to determine if the 

overall system can be used in congested airspace and perform as 

well as existing radar, much less allow aircraft to fly closer together. This is referred to as ‘‘end-to-end testing.’’ When this report 

was issued, commercial and GA stakeholders voiced serious concerns that equipping with new avionics for the 2020 mandate will 

be difficult due to the cost and limited availability of avionics, and 

capacity of certified repair stations to install avionics. 

Section 4106. NextGen interoperability. 

This section would require the FAA to conduct a gap analysis to 

identify potential risks to NextGen interoperability with other Air 

Navigation Service Providers and to establish a timeframe for periodically reevaluating these risks. The FAA would also be required 

to develop a plan that identifies and documents the actions to mitigate these risks and report to Congress on these actions. 

Section 4107. NextGen transition management. 

This section would require the FAA to identify and analyze any 

technical and operational maturity gaps in current NextGen transition and implementation plans. The FAA would then be required 

to develop a plan to mitigate those gaps identified, and to report 

to Congress on these actions. 

Section 4108. Implementation of NextGen operational improvements. 

This section would require the FAA to work with the airlines, 

and other users of the national airspace system, to develop and implement a system to systematically track the use of existing performance based navigation (PBN) procedures and to require consideration of other key operational improvements in planning for 

NextGen improvements, including identifying additional 

metroplexes for PBN projects, non-metroplex PBN procedures, as 

well as the identification of unused flight routes for decommissioning. 

Additionally, the FAA would be required to develop and implement guidelines for ensuring timely inclusion of appropriate stakeholders, including airport representatives, in the planning and implementation of NextGen improvement efforts and to assure that 

NextGen planning documents provide stakeholders information on 

how and when operational improvements are expected to achieve 

NextGen goals and targets. Finally, the FAA would be required to 

report to Congress on the progress made toward implementing 

these requirements and on the timeline and process that will be 

used to implement PBN at additional airports, including information on how the FAA will partner and coordinate with private industry to ensure expeditious implementation of PBN. 

Section 4109. Cybersecurity. 

This section would instruct the FAA to identify and implement 

ways to better incorporate cybersecurity as a systems characteristic 

at all levels and phases of the architecture and design of air traffic 

control programs, including NextGen programs. The FAA would 

also be required: to develop a threat model that will identify 

vulnerabilities to better focus resources to mitigate cybersecurity 


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risks; to develop an appropriate plan to mitigate cybersecurity risk, 

respond to an attack or intrusion and to adapt to evolving cybersecurity threats; and to foster a cybersecurity culture throughout the 

DOT, including in air traffic control programs and relevant contractors. The FAA would also be required to submit a report to Congress on the progress made toward implementing these requirements not later than 1 year after the date of enactment of this Act. 

Section 4110. Defining NextGen. 

This section would require the GAO to assess how the line items 

included in the FAA’s NextGen budget request directly relate to 

the goals and expected outcomes of NextGen and to report to Congress on the results of this assessment. 

Section 4111. Human factors. 

This section would require the FAA to recognize and incorporate, 

in early design phases of all relevant NextGen programs, the 

human factors and procedural and airspace implications of stated 

goals and associated technical changes and to ensure that a human 

factors specialist, separate from the research and certification 

groups, is directly involved with the NextGen approval process. The 

FAA would also be required to submit a report to Congress on the 

progress made toward implementing these requirements not later 

than 1 year after the date of enactment of this Act. 

Section 4112. Major acquisition reports. 

This section would instruct the FAA to evaluate the agency’s current acquisition practices to ensure that they appropriately identify 

the current estimated costs for each acquisition system, including 

all segments, separately identify cumulative amounts for acquisition costs, technical refresh, and other enhancements in order to 

identify the total baselined and re-baselined costs for each system, 

and account for the way funds are being used when reporting to 

managers, Congress, and other stakeholders. Not later than 1 year 

after the date of enactment of this Act, the FAA would also be required to submit a report to Congress on the progress made toward 

implementing these requirements. 

Section 4113. Equipage mandates. 

This section would require the FAA to provide a statement of estimated costs and benefits that is based upon mature and stable 

technical specifications and to create a timeline for FAA 

deliverables and investments by both users and the FAA before any 

NextGen-related equipage mandates are imposed on users of the 

national airspace system. 

Section 4114. Workforce. 

This section would require the FAA, within 1 year of the date of 

enactment of this Act, to identify and assess barriers to attracting, 

developing, training, and retaining a talented workforce in the 

areas of systems engineering, architecture, systems integration, 

digital communications, and cybersecurity. The FAA would then 

also be required to develop a comprehensive plan to attract, develop, train, and retain talented individuals, and identify the resources needed to attract develop and retain this talent. AdditionVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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ally, the FAA would be required to submit a report to Congress on 

the progress made toward implementing these requirements. 

Section 4115. Architectural leadership. 

This section would require the FAA to develop a plan which utilizes an architecture leadership community and an effective governance approach, enables effective management and communication, 

provides flexibility and the ability to evolve to ensure accommodation of future needs, and communicates changing circumstances in 

order to align agency and airspace user expectations. 

This section would also authorize the FAA to determine the feasibility of conducting a small number of experiments among the 

FAA’s system integration partners to prototype candidate solutions 

for establishing and managing an architectural community and to 

develop a method to initiate, grow, and engage a capable architecture community, from both within and outside of the FAA, that will 

expand the breadth and depth of expertise that is steering architectural changes. 

Additionally, the FAA would be required to submit a report to 

Congress on the progress made toward implementing these requirements no later than 1 year after this Act is enacted. 

Section 4116. Programmatic risk management. 

This section would require the FAA to solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to NextGen and to develop a 

method to manage and mitigate these risks. The FAA would also 

be required to report to Congress on the progress made toward implementing these requirements not later than 1 year after the date 

of enactment of this Act. 

Section 4117. NextGen prioritization. 

Under this section the FAA would be required to consider expediting NextGen modernization implementation projects at public 

use airports that share airspace with active military training 

ranges and do not have radar coverage where such implementation 

would improve safety of aviation operations. 

Subtitle B—Administration Organization and Employees 

Section 4121. Cost-saving initiatives. 

This section would instruct the FAA to identify and implement 

agency-wide cost-savings initiatives and to develop appropriate 

timelines and metrics to measure whether the initiatives are successful in reducing costs. The FAA would also be required to report 

to Congress on the progress made toward implementing these requirements not later than 1 year after the date of enactment of this 

Act. 

Section 4122. Treatment of essential employees during furloughs. 

This section would define the term ‘‘essential employee’’ and 

allow the FAA to keep essential employees by transferring budgetary resources within the agency in the event of a furlough of one 

or more employees. 


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Section 4123. Controller candidate interviews. 

This section would instruct the FAA to require that an in-person 

interview be conducted with each individual applying for an air 

traffic control specialist position before that individual may be 

hired to fill that position and would mandate that this be done not 

later than 60 days after this bill is enacted. Additionally, this section would mandate that, not later than 30 days after the date of 

enactment of this Act, the FAA must establish guidelines regarding 

this in-person interview process. 

Section 4124. Hiring of air traffic controllers. 

This section would modify the FAA’s hiring process for air traffic 

controllers by creating a new hiring track that would ensure opportunities for Collegiate Training Initiative (CTI) graduates while 

maintaining an ‘‘experienced’’ track for candidates with prior air 

traffic control experience and the ‘‘open source’’ track in which all 

U.S. citizens could apply for the job. 

This section would remove the Biographical Questionnaire (BQ) 

requirement for various types of candidates, including CTI graduates and certain veterans. It would also allow candidates who 

were disqualified by the BQ utilized for candidates in 2014 to reapply. This section also would increase the maximum entry age for 

experienced controllers with a minimum of 52 weeks of experience 

as a civilian or military air traffic controller from age 31 to 35. 

Section 4125. Computation of basic annuity for certain air traffic 

controllers. 

This section would direct the Director of the Office of Personnel 

Management to recalculate and adjust applicable annuity payments for certain air traffic controllers that were excluded due to 

having supervisory status. 

Section 4126. Air traffic services at aviation events. 

This section would require the FAA to provide air traffic services 

and aviation safety support for aviation events, including airshows 

and fly-ins, without the imposition or collection of any fee, tax, or 

other charge for that purpose. In determining the services and support to be provided for an aviation event, this section would require 

the FAA to consider the services and support required to meet levels of activity at prior, similar events and the anticipated need for 

services and support. 

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

This section would allow former air traffic controllers who are 

now employed as full-time air traffic control instructors under contract with the FAA to receive their full annuity supplement. 

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

This section would include disabled veteran leave in the FAA’s 

personnel management system. This section also would require the 

FAA to publish a report not later than 1 year after the date of enactment and annually thereafter for 5 years highlighting the effect 


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of carrying out this section on the workforce and the number of veterans benefiting from the implementation of this section. 

Title V—Miscellaneous 

Section 5001. National Transportation Safety Board investigative 

officers. 

This section would remove a statutory staffing requirement that 

the NTSB has determined to be burdensome and unnecessary for 

it to fulfill its duties. 

Section 5002. Performance-based navigation. 

This section would require the FAA to consult with affected airports before taking certain actions related to airspace redesign. The 

FAA would also be required, if requested by the affected community, to review certain new airspace procedures to determine if implementation of the procedures had a significant effect on the 

human environment in the community in which the airport is located. If it is determined that there was such an impact, the FAA 

would be required to consider the use of alternative flight paths 

that do not substantially degrade the efficiencies achieved by the 

implementation of the procedure being reviewed. 

Section 5003. Overflights of national parks. 

This section would amend current law to ensure the continued 

availability of air routes used by air tour operators transiting over 

Lake Mead on their way to and from the Grand Canyon. 

Section 5004. Navigable airspace analysis for commercial space 

launch site runways. 

This section would amend existing law to give the Secretary of 

Transportation the ability to decide if constructing or altering a 

structure may result in an interference with space navigation facilities and equipment. While conducting an aeronautical study, the 

Secretary should also consider the impact on launch and reentry 

for launch and reentry vehicles arriving or departing from a launch 

site or reentry site licensed by the Secretary as relevant to the effective use of the national airspace. It would require a rulemaking 

to implement the amendments to existing law. 

Section 5005. Survey and report on spaceport development. 

This section would require a GAO report to Congress on the existing system of FAA licensed spaceports. It also would ask for recommendations on how the Federal Government could participate in 

the construction, improvement, development, or maintenance of 

FAA licensed spaceports in the United States, including identifying 

potential funding sources. 

Section 5006. Aviation fuel. 

This section would direct the FAA to allow the use of an unleaded aviation gasoline in an aircraft as a replacement for a leaded gasoline if the FAA determines that an unleaded gasoline qualifies as a replacement, identifies the aircraft and engines that are 

eligible to use the qualified replacement, and adopts a process for 

them to operate using the qualified replacement in a safe manner. 


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Section 5007. Comprehensive Aviation Preparedness Plan. 

This section would require the Secretary of Transportation and 

Secretary of Health and Human Services, in coordination with the 

Secretaries of Homeland Security, Labor, State, and Defense, and 

representatives of other Federal departments and agencies, as necessary, to develop a comprehensive national aviation communicable 

disease preparedness plan. 

Section 5008. Advanced Materials Center of Excellence. 

This section would codify the authorization for the Advanced Materials Center of Excellence, which focuses on applied research and 

training on the durability and maintainability of advanced materials in transport airframe structures. 

Section 5009. Interference with airline employees. 

This section would require the GAO to complete a study of 

crimes and violence against airline customer service representatives while they are performing their duties and on airport property, including a gap analysis of laws and resources to deter and 

address crimes of violence and then submit a report to Congress, 

including recommendations to address any gaps identified. 

Section 5010. Secondary cockpit barriers. 

This section would direct the TSA, in collaboration with the FAA, 

to conduct a detailed risk assessment of the need for physical secondary barriers on passenger aircraft and, if needed, promulgate 

regulations for risk-based equipage of such aircraft. 

Section 5011. GAO evaluation and audit. 

This section would change the frequency of a mandated GAO 

evaluation and audit regarding the National Mediation Board to 

once every 4 years instead of once every 2 years. 

Section 5012. Federal Aviation Administration performance measures and targets. 

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

projects. 

Section 5013. Staffing of certain air traffic control towers. 

This section would ensure appropriate staffing at ‘‘Core 30’’ facilities. The appropriate staffing levels could not be below the average 

number of air traffic controllers between the ‘‘high’’ and ‘‘low’’ staffing ranges specified by the FAA document entitled, ‘‘A Plan for the 

Future: 10-Year Strategy for Air Traffic Control Workforce 2015- 

2024.’’ This section would also require a review of strategies to improve retention of experienced controllers. 

Section 5014. Critical airfield markings. 

This section would require the FAA to study the durability of 

glass beads for reflectivity on airfield markings. The glass beads 

would specifically be Type III and Type I and applied to critical 

markings at no fewer than two primary airports in varying weather conditions over a 12-month period. An additional study of 6 


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months would be done at two other airports, testing Type III and 

Type I beads on opposite sides of the centerline of the runway, and 

would seek input from pilots through surveys. 

Section 5015. Research and deployment of certain airfield pavement 

technologies. 

This section would require the FAA to conduct research and development for airfield pavement technologies through grants and 

cooperative agreements with institutions of higher education and 

nonprofit organizations. The program would be required to do the 

following: research concrete and asphalt airfield pavement technologies that extend the life of airfield pavements; develop and conduct training; provide for demonstration projects; and promote airfield pavement technologies to aid in the development of safer, 

more cost effective, and more durable airfield pavements. 

Section 5016. Report on general aviation flight sharing. 

This section would require the FAA to report on GA flight sharing feasibility. The report would include an assessment of regulations that may need to be updated to allow for safe and efficient 

flight sharing and regulations imposing limitations on the forms of 

communication that a private pilot may use. 

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

This section would require the FAA to initiate a rulemaking to 

extend the timeframe for GA aircraft registration to 5 years. 

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

This section would clarify current law regarding the liability of 

aircraft lessors or owners under certain circumstances. 

Section 5019. Government Accountability Office study of illegal 

drugs seized at international airports in the United States. 

This section would require the GAO to conduct a study and report to Congress on illegal drugs seized at international airports. 

The study should include the types and quantities of drugs seized, 

origin of the drugs seized, airport at which the drugs were seized, 

the manner in which the drugs were seized, and the manner in 

which the drugs were transported. This section would also direct 

the GAO to use all available data to fully understand the extent 

to which illegal drugs enter the United States through international airports. 

Section 5020. Sense of Congress on preventing the transportation of 

disease-carrying mosquitoes and other insects on commercial 

aircraft. 

This section would require the Secretary of Transportation and 

the Secretary of Agriculture to work with the World Health Organization to develop a framework and guidance for preventing the 

transportation of disease-carrying mosquitoes and other insects on 

commercial aircraft in a safe, effective, and nontoxic manner. 


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

This section would require the FAA to develop and publish a 

work plan for the NY/NJ/PA metroplex program. 

Section 5022. Report on plans for air traffic control facilities in the 

New York City and Newark region. 

This section would require the FAA to report on staffing and 

scheduling for NY/Newark control facilities for a period of 1 year. 

Section 5023. GAO study of international airline alliances. 

This section would require the GAO to conduct a study on international airline alliances between U.S. air carriers and non-U.S. 

air carriers. This study would assess the consequences of alliances 

including reduced competition, stifling new entrants, increasing 

prices in markets, and other adverse consequences. The study 

would also assess representations made by carriers for the necessity of antitrust exemptions, DOT expectations of public benefits 

from alliances, the adequacy of DOT approval and monitoring of alliances, the sufficiency of transparency in the approval of alliances, 

competition among antitrust partners, and the effect on jobs in the 

United States. 

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

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

ownership policies. 

Section 5025. Evaluation of emerging technologies. 

This section would require the FAA to conduct a study on potential impacts of emerging technologies on aircraft design, operations, 

maintenance and licensing. Emerging technologies would include 

but not be limited to electric propulsion and autonomous control, 

current State of aircraft design, operations, maintenance, and licensing. 

Section 5026. Student outreach report. 

This section would require the FAA to report on outreach efforts 

to inspire students interested in aeronautical careers. The report 

would describe the FAA’s existing outreach efforts that cater to elementary and secondary students who are interested in careers in 

science, technology, engineering, and mathematics. 

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

This section would require, upon request of an aircraft owner or 

operator, the FAA to block the registration number of an aircraft 

from any public dissemination or display, except in data made 

available to a government agency, for the noncommercial flights of 

the owner or operator. 


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Section 5028. Conduct of security screening by the Transportation 

Security Administration at certain airports. 

The amendment would require the TSA to provide security 

screening services at any airport that lost commercial air service 

after January 1, 2013, if the airport submits a written confirmation 

of a commercial air carrier commitment to resume service at that 

airport. 

Section 5029. Aviation cybersecurity. 

The section would require the FAA to facilitate and support the 

development of a comprehensive framework of principles and policies to reduce cybersecurity risks. It would also require the Aircraft 

Systems Information Security Protection Working Group to periodically review rulemaking, policy, and guidance for certification of 

avionics software and hardware and continued airworthiness in 

order to reduce cybersecurity risks to aircraft systems. It would 

also require DOT to implement an open recommendation by GAO 

to assess the potential cost and timetable of developing and maintaining an agency-wide threat model, and to implement open recommendations related to personal identity verification (PIV) cards. 

The section would also require FAA to report to Congress on actions to improve information security management. 

Section 5030. Technical and conforming amendments. 

This section would make technical and conforming amendments 

to various parts of the title 49 of the United States Code that contain typographical and other errors. 


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26Senator Gardner was recorded as a ‘‘present’’. 

VOTES IN COMMITTEE

Senator Markey offered an amendment, to the amendment (in 

the nature of a substitute) offered by Senators Thune and Nelson, 

related to the use of personally identifiable information collected by 

any public UAS. By rollcall vote of 13 yeas and 10 nays as follows, 

the amendment was adopted:26

YEAS—13 NAYS—10 

Ms. Ayotte Mr. Wicker 

Mr. Heller Mr. Blunt 

Mr. Nelson Mr. Rubio1

Ms. Cantwell Mr. Cruz1

Ms. McCaskill Ms. Fischer 

Ms. Klobuchar Mr. Moran 

Mr. Blumenthal1 Mr. Sullivan1

Mr. Schatz Mr. Johnson 

Mr. Markey Mr. Daines 

Mr. Booker1 Mr. Thune 

Mr. Udall 

Mr. Manchin 

Mr. Peters 

1By proxy 

Senator Markey offered an amendment, to the amendment (in 

the nature of a substitute) offered by Senators Thune and Nelson, 

related to cyberattacks on commercial aircraft. By rollcall vote of 

8 yeas and 16 nays as follows, the amendment was defeated: 

YEAS—8 NAYS—16 

Mr. Nelson Mr. Wicker1

Ms. Cantwell Ms. Blunt1

Ms. Klobuchar1 Ms. Rubio1

Mr. Blumenthal1 Mr. Ayotte 

Mr. Schatz Mr. Cruz1

Mr. Markey Mr. Fischer 

Mr. Booker1 Mr. Moran 

Mr. Udall1 Mr. Sullivan1

Mr. Johnson 

Mr. Heller 

Mr. Gardner 

Mr. Daines 

Ms. McCaskill 

Mr. Manchin 

Mr. Peters 

Mr. Thune 1By proxy 


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Senators Heller and Cantwell offered an amendment, to the 

amendment (in the nature of a substitute) offered by Senators 

Thune and Nelson, to direct DOT to issue a rule authorizing the 

carriage of property by small UAS for compensation or hire. By 

rollcall vote of 20 yeas and 4 nays as follows, the amendment was 

adopted: 

YEAS—20 NAYS—4 

Mr. Wicker Mr. Nelson 

Mr. Blunt Mr. Blumenthal 

Mr. Rubio1 Mr. Markey 

Ms. Ayotte Mr. Manchin 

Mr. Cruz1

Ms. Fischer1

Mr. Moran1

Mr. Sullivan1

Mr. Johnson 

Mr. Heller 

Mr. Gardner 

Mr. Daines 

Ms. Cantwell 

Ms. McCaskill 

Ms. Klobuchar1

Mr. Schatz 

Mr. Booker1

Mr. Udall1

Mr. Peters 

Mr. Thune 

1By proxy 

Senator Markey offered an amendment, to the amendment (in 

the nature of a substitute) offered by Senators Thune and Nelson, 

to prohibit air carriers from imposing fees that are not reasonable 

and proportional to the costs incurred by the air carriers. By rollcall vote of 12 yeas and 12 nays as follows, the amendment was 

defeated: 

YEAS—12 NAYS—12 

Mr. Wicker Mr. Blunt1

Mr. Nelson Ms. Rubio1

Ms. Cantwell Ms. Ayotte 

Ms. McCaskill Mr. Cruz1

Mr. Klobuchar1 Mr. Fischer1

Mr. Blumenthal1 Mr. Moran 

Mr. Schatz Mr. Sullivan1

Mr. Markey Mr. Johnson 

Mr. Booker1 Mr. Heller 

Mr. Udall1 Mr. Gardner 

Mr. Manchin Mr. Daines 

Mr. Peters Mr. Thune 

1 By proxy 


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ADDITIONAL VIEWS OF SENATOR NELSON

I appreciate the opportunity to have worked with Chairman 

Thune on this bipartisan and comprehensive FAA reauthorization 

bill. However, I write separately to express my view on certain provisions with which I have some reservations and disagreement. 

Section 2103. Federal Trade Commission authority. 

I do not believe this section of the report accurately reflects the 

views of the Committee, insofar that I and other Members disagree 

with the section’s normative assertions. Specifically, section 2103 of 

the report states: 

The Committee is mindful that a robust privacy protection and enforcement framework already exists. 

The Committee seeks to avoid regulation and requirements duplicative of those currently enforced by State 

and Federal agencies. Therefore, this section is intended to restate existing laws and is not intended to 

expand the FTC’s jurisdiction, powers, and duties as 

though applicable terms and provisions of the Federal 

Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this act. 

I disagree ‘‘that a robust privacy protection and enforcement 

framework exists.’’ State and Federal law provide limited protection from UAS commercial operators that would collect and use 

large amounts of consumers’ personal information. To be sure, certain state and local criminal statutes, such as ‘‘peeping tom’’ and 

harassment laws, as well as a patchwork of common law doctrines, 

protect consumers from drone operators engaging in criminal or 

tortious behavior that violates an individual’s personal space - particularly within the home. But these laws do little (if anything) to 

address UAS operators that record, collect, store, and use personal 

information about consumers who are in the public space. As commercial UAS operations become more common and drones fill our 

skies, it will be increasingly possible to capture snap shots of where 

consumers are at any particular moment and to track their activities over time. 

Furthermore, federal law provides consumers with inadequate 

protection from these practices. As is the case in the wider commercial marketplace, the Federal Trade Commission (FTC) may bring 

enforcement actions (pursuant to section 5 of the FTC Act and its 

broad prohibition against deceptive practices) against commercial 

UAS operators that violate their own stated, company-driven privacy policies. However, nothing in current law, nor in the bill, requires such operators to adopt privacy policies in the first place. 

Furthermore, there is nothing in current law or in the bill that 

would set baseline standards for such privacy policies. Thus, those 

commercial operators that choose to adopt privacy policies - which 

can be obscure and written in legalese - are largely free to collect 

and use consumers’ personal information however they choose, as 

long as those policies state such practices. 

As such, section 2103 of the bill simply restates current law: the 

FTC already may bring an enforcement action against UAS operaVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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tors that violate the terms of their privacy policies. The bill re-codifies what the FTC is currently authorized to do under section 5 of 

the FTC Act and provides no additional protections for consumers. 

Subtitle F-Third Class Medical Reform and General Aviation 

Pilot Protections 

I appreciate the work that Senators Manchin, Inhofe, and Thune 

have done to address safety concerns with the original Pilot’s Bill 

of Rights 2 bill. That progress is reflected in the substitute amendment offered by Senator Manchin and adopted at the Committee’s 

Executive Session on December 9, 2015. 

The public, both in the air and on the ground, relies on the safety 

of our aviation system. As I noted in my remarks at the Executive 

Session of this Committee on November 18, 2015, we have the 

safest aviation system in the world, and we must ensure our ability 

to uphold that standard. That is the trust the public has put in us. 

Senator Manchin’s December 9, 2015, substitute amendment included several important improvements based on the amendments 

that I filed to this bill for the Executive Session of this Committee 

on November 18, 2015. Though my amendments were not adopted 

at that time, the bill that was passed by this Committee on December 9, 2015, as amended by Senator Manchin’s substitute, reflects 

their intent, to preserve safety in the context of this bill wherever 

possible. 

One area of improvement in the December 9, 2015, substitute 

amendment is the removal of a provision that would have insulated 

roughly 7,000 individuals operating in the aviation safety area 

from liability if they failed to carry out their duties responsibly. 

This liability exemption would have included Aviation Medical Examiners, Pilot Examiners, and Designated Airworthiness Representatives who conduct the testing and inspections for aviation 

manufacturing and maintenance. Designing and maintaining passenger aircraft, and certifying the commercial pilots who fly those 

aircraft, are safety critical responsibilities, and should not be 

shielded from accountability. That section of the bill has been removed. 

Several other sections have been modified, including provisions 

addressing the FAA reexamination of pilots, notam, and the process for appeals from FAA certificate actions. We have endeavored 

to strike the appropriate balance with procedural rights for airmen 

that facilitate transparency and allow access to U.S. District Court, 

while not limiting the FAA’s ability to take action when there is 

evidence that a pilot is not safe or competent to fly. 

Perhaps the most important safety measure that has been adopted in the revised bill is the inclusion of a comprehensive checklist 

for medical examinations. If we are going to move from a system 

that involves Aviation Medical Examiners to a system that allows 

pilots to self-certify and see their own personal physicians, we must 

set standards for pilots and doctors to follow. The legislation now 

requires the FAA to develop a checklist for pilots to complete and 

for physicians to follow during the comprehensive medical examination that a pilot must certify to every 4 years. Pilots must also confirm that they do not know of any medical condition that would 

render them unsafe to fly. That requires ongoing monitoring on 

their part. Taken together, these provisions will help to ensure that 


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pilots are medically fit to fly when they enter the national airspace 

and that the safety of our system is preserved. 

While I believe the bill has been improved, I continue to have 

reservations about the legislation. The two dozen amendments that 

I filed for the Executive Session on November 18, 2015, contain 

many additional improvements to the bill that I hope my colleagues 

will consider adopting as this bill moves forward. 

On the operational side, this includes reducing the maximum altitude of the medical exemption in this bill to 10,000 feet, where 

pressurized cabins are not required and well below the cruising altitude of commercial aircraft, and limiting the number of passengers to one instead of five. I also filed an amendment to ensure 

an FAA-certified Aviation Medical Examiner has cleared pilots who 

wish to fly under this medical exemption within the past 5 years, 

not within the last decade. 

Furthermore, while I appreciate the inclusion of a checklist for 

pilots’ medical exams and the additional attestation required for pilots with serious mental or neurological conditions, additional 

amendments I proposed to strengthen the medical standards were 

not adopted. These include amendments to require physicians to 

certify that they had treated medical conditions that might impact 

a pilot’s ability to fly, to expand the list of medical conditions that 

would require additional review beyond those listed in this bill to 

include any condition that could interfere with the ability to operate an aircraft, to allow physicians to alert the FAA if a pilot has 

a mental or neurological condition that may render them unable to 

safely fly, and to permit FAA physicians to review a pilot’s cardiovascular condition and treatment before allowing them to get back 

in the cockpit. 

Furthermore, I proposed that this exemption sunset in 5 years, 

just after the release of a NTSB study of the safety effects of this 

medical exemption required under this bill, so that Congress can 

evaluate any adverse impacts and determine whether to extend the 

exemption. It is our responsibility to understand the safety implications of decisions regarding the national airspace system and the 

airmen and aircraft operating in that system. 

I appreciate the willingness of Chairman Thune and the bill’s 

lead sponsors, Senators Inhofe and Manchin, to engage in an ongoing dialogue and meaningful negotiations that led to these improvements. I look forward to continue working with them to perfect the legislation, and we must continue working together in a bipartisan fashion to ensure that all issues related to aviation safety 

are addressed in a comprehensive, long-term authorization bill. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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1 The amendment to section 8415(f) of title 5, United States Code, shall be deemed to be effective on December 12, 2003. 

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES 

PART III. EMPLOYEES

SUBPART G. INSURANCE AND ANNUITIES

CHAPTER 84. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM

SUBCHAPTER II. BASIC ANNUITY

§ 8415. Computation of basic annuity 

* * * * * * * 

ø(f) The annuity of an air traffic controller or former air traffic 

controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has had at least 5 years 

of service as an air traffic controller as defined by section 

2109(1)(A)(i), so much of the annuity as is computed with respect 

to such type of service shall be computed by multiplying 1 7/10 percent of the individual’s average pay by the years of such service.¿ 

(f) The annuity of an air traffic controller or former air traffic 

controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has at least 5 years of service in any combination as: 

(1) an air traffic controller as defined by section 2109(1)(A)(i); 

(2) a first level supervisor of an air traffic controller as defined by section 2109(1)(A)(i); or 

(3) a second level supervisor of an air traffic controller as defined by section 2109(1)(A)(i); 

so much of the annuity as is computed with respect to such type of 

service shall be computed by multiplying 1 7/10 percent of the individual’s average pay by the years of such service.1

* * * * * * * 

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

(a) øThe amount¿ Except as provided in subsection (c), the 

amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard 

to subsection (c) of such section) shall be reduced by the amount 

of any excess earnings of such individual which are required to be 

charged to such supplement for such month, as determined under 

subsection (b). 

(b) The amount of an individual’s excess earnings shall be 

charged to months as follows: 

(1)(A) There shall be charged to each month of a year under 

subsection (a) an amount equal to the individual’s excess earnings (as determined under paragraph (2) with respect to such 

year), divided by the number of the individual’s supplement entitlement months for such year (as determined under paragraph (3)). 

(B) Notwithstanding subparagraph (A), the amount 

charged to a month under subsection (a) may not exceed 

the amount of the annuity supplement to which the indiVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00075 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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vidual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section). 

(2) The excess earnings based on which reductions under 

subsection (a) shall be made with respect to an individual in 

a year— 

(A) shall be equal to 50 percent of so much of such individual’s earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding 

year; but 

(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled 

for such preceding year under section 8421 (determined 

without regard to subsection (c) of such section, and without regard to this section). 

(3)(A) Subject to subparagraph (B), the number of an individual’s supplement entitlement months for a year shall be 12. 

(B) The number determined under subparagraph (A) 

shall be reduced so as not to include any month after 

which such individual ceases to be entitled to an annuity 

supplement by reason of section 8421(a)(3)(B), relating to 

cessation of entitlement upon attaining age 62. 

(4)(A) For purposes of this section, and except as provided in 

subparagraph (B), the ‘‘earnings’’ and the ‘‘applicable exempt 

amount’’ of an individual shall be determined in a manner consistent with applicable provisions of section 203 of the Social 

Security Act. 

(B) For purposes of this section— 

(i) in determining the excess earnings of any individual, only earnings attributable to periods during 

which such individual was entitled to an annuity supplement under section 8421 shall be considered; and 

(ii) any earnings attributable to a period before attaining the applicable retirement age under section 

8412(h) shall not be considered in determining the excess earnings of an individual who retires under section 8412(d) or (e), or section 8414(c). 

(5) Notwithstanding paragraphs (1) through (4), the reduction required by subsection (a) shall be effective with respect 

to the annuity supplement payable for each month in the 12- 

month period beginning on the first day of the seventh month 

after the end of the calendar year in which the excess earnings 

were earned. 

(c) This section shall not apply to an individual described in section 8412(e) during any period in which the individual, after separating from the service as described in that section, is employed fulltime as an air traffic control instructor under contract with the Federal Aviation Administration, including an instructor working at an 

on-site facility (such as an airport). 

ø(c)¿(d)The Office shall prescribe regulations under which this 

section shall be applied in the case of a reemployed annuitant. 


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TITLE 49. TRANSPORTATION 

SUBTITLE I. DEPARTMENT OF TRANSPORTATION

CHAPTER 1. ORGANIZATION

§ 106. Federal Aviation Administration 

* * * * * * * 

(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.— 

(1) SALARIES, OPERATIONS, AND MAINTENANCE.—There is authorized to be appropriated to the Secretary of Transportation 

for salaries, operations, and maintenance of the Administration— 

ø(A) $9,653,000,000 for fiscal year 2012; 

ø(B) $9,539,000,000 for fiscal year 2013; 

ø(C) $9,596,000,000 for fiscal year 2014; 

ø(D) $9,653,000,000 for fiscal year 2015; and 

ø(E) $4,870,350,000 for the period beginning on October 

1, 2015, and ending on March 31, 2016.¿ 

(A) $9,910,009,314 for fiscal year 2016; and 

(B) $10,025,361,111 for fiscal year 2017. 

Such sums shall remain available until expended. 

(2) AUTHORIZED EXPENDITURES.—Out of amounts appropriated under paragraph (1), the following expenditures are 

authorized: 

(A) Such sums as may be necessary øfor fiscal years 

2012 through 2015¿ for fiscal years 2016 through 2017 to 

carry out and expand the Air Traffic Control Collegiate 

Training Initiative. 

(B) Such sums as may be necessary øfor fiscal years 

2012 through 2015¿ for fiscal years 2016 through 2017 for 

the completion of the Alaska aviation safety project with 

respect to the 3 dimensional mapping of Alaska’s main 

aviation corridors. 

(C) Such sums as may be necessary øfor fiscal years 

2012 through 2015¿ for fiscal years 2016 through 2017 to 

carry out the Aviation Safety Reporting System and the 

development and maintenance of helicopter approach procedures. 

(3) ADMINISTERING PROGRAM WITHIN AVAILABLE FUNDING.— 

Notwithstanding any other provision of law, in each of fiscal 

years ø2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016¿ 2016 through 

2017, if the Secretary determines that the funds appropriated 

under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall 

reduce nonsafety-related activities of the Administration as 

necessary to reduce such expenses to a level that can be met 

by the funding available under paragraph (1). 

* * * * * * * 

(s) CHIEF NEXTGEN OFFICER.— (1) IN GENERAL.— 

(A) APPOINTMENT.—There shall be a Chief NextGen Officer appointed by the Administrator, with the approval of 


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74 

the Secretary. The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator. 

(B) QUALIFICATIONS.—The Chief NextGen Officer shall 

have a demonstrated ability in management and knowledge of or experience in aviation and systems engineering. 

(C) TERM.—The Chief NextGen Officer shall be appointed for a term of 5 years. 

(D) REMOVAL.—The Chief NextGen Officer shall serve at 

the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the implementation of 

NextGen. 

(E) VACANCY.—Any individual appointed to fill a vacancy in the position of Chief NextGen Officer occurring 

before the expiration of the term for which the individual’s 

predecessor was appointed shall be appointed for the remainder of that term. 

(2) COMPENSATION.— 

(A) IN GENERAL.—The Chief NextGen Officer shall be 

paid at an annual rate of basic pay to be determined by 

the Administrator. The annual rate may not exceed the 

annual compensation paid under section 102 of title 3. The 

Chief NextGen Officer shall be subject to the 

postemployment provisions of section 207 of title 18 as if 

the position of Chief NextGen Officer were described in 

section 207(c)(2)(A)(i) of that title. 

(B) BONUS.—In addition to the annual rate of basic pay 

authorized by subparagraph (A), the Chief NextGen Officer 

may receive a bonus for any calendar year not to exceed 

30 percent of the annual rate of basic pay, based upon the 

Administrator’s evaluation of the Chief NextGen Officer’s 

performance in relation to the performance goals set forth 

in the performance agreement described in paragraph (3). 

In evaluating the performance of the Chief NextGen Officer 

for the purpose of awarding a bonus under this subparagraph, the Administrator shall consider the progress toward meeting the NextGen performance goals established 

pursuant to section 214(d) of the FAA Modernization and 

Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

note). 

(3) ANNUAL PERFORMANCE AGREEMENT.—The Administrator 

and the Chief NextGen Officer, in consultation with the Federal Aviation Management Advisory Council, shall enter into 

an annual performance agreement that sets forth measurable 

organization and individual goals for the Chief NextGen Officer in key operational areas. The agreement shall be subject to 

review and renegotiation on an annual basis. The annual performance goals set forth in the agreement shall include quantifiable NextGen airspace performance objectives regarding efficiency, productivity, capacity, and safety, which shall be established by the senior policy committee (commonly known as the 

‘‘NextGen Advisory Committee’’) established under section 710 

of the Vision 100—Century of Aviation Reauthorization Act 

(Public Law 108–176; 49 U.S.C. 40101 note). 


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(4) ANNUAL PERFORMANCE REPORT.—The Chief NextGen Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of 

the House of Representatives, the Committee on Science, 

Space, and Technology of the House of Representatives, and 

the Committee on Commerce, Science, and Transportation of 

the Senate an annual management report containing such information as may be prescribed by the Secretary. 

(5) RESPONSIBILITIES.—The responsibilities of the Chief 

NextGen Officer include the following: 

(A) Implementing NextGen activities and budgets across 

all program offices of the Federal Aviation Administration. 

(B) Coordinating the implementation of NextGen activities with the Office of Management and Budget. 

(C) Reviewing and providing advice on the Administration’s modernization programs, budget, and cost accounting system with respect to NextGen. 

(D) With respect to the budget of the Administration— 

(i) developing a budget request of the Administration related to the implementation of NextGen; 

(ii) submitting such budget request to the Administrator; and 

(iii) ensuring that the budget request supports the 

annual and long-range strategic plans of the Administration with respect to NextGen. 

(E) Consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress. 

(F) Developing an annual NextGen implementation plan. 

(G) Ensuring that NextGen implementation activities 

are planned in such a manner as to require that system 

architecture is designed to allow for the incorporation of 

novel and currently unknown technologies into NextGen in 

the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation. 

(H) Coordinating with the NextGen Joint Planning and 

Development Office with respect to facilitating cooperation 

among all Federal agencies whose operations and interests 

are affected by the implementation of NextGen. 

(6) EXCEPTION.—If the Administrator appoints as the Chief 

NextGen Officer, pursuant to paragraph (1)(A), an Executive 

Schedule employee covered by section 5315 of title 5, then 

paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall 

not apply to such employee. 

(7) NEXTGEN DEFINED.—For purposes of this subsection, the 

term ‘‘NextGen’’ means the Next Generation Air Transportation System. 

* * * * * * * 

(u) DESIGNATED AGENCY SAFETY AND HEALTH OFFICER.— (1) APPOINTMENT.—There shall be a Designated Agency Safety and Health Officer appointed by the Administrator who shall 

exclusively fulfill the duties prescribed in this subsection. 

(2) RESPONSIBILITIES.—The Designated Agency Safety and 

Health Officer shall have responsibility and accountability for— 


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(A) auditing occupational safety and health issues across 

the Administration; 

(B) overseeing Administration-wide compliance with relevant Federal occupational safety and health statutes and 

regulations, national industry and consensus standards, 

and Administration policies; and 

(C) encouraging a culture of occupational safety and 

health to complement the Administration’s existing safety 

culture. 

(3) REPORTING STRUCTURE.—The Designated Agency Safety 

and Health Officer shall occupy a full-time, senior executive position and shall report directly to the Assistant Administrator 

for Human Resource Management. 

(4) QUALIFICATIONS AND REMOVAL.— (A) QUALIFICATIONS.—The Designated Agency Safety and 

Health Officer shall have demonstrated ability and experience in the establishment and administration of comprehensive occupational safety and health programs and 

knowledge of relevant Federal occupational safety and 

health statutes and regulations, national industry and consensus standards, and Administration policies. 

(B) REMOVAL.—The Designated Agency Safety and 

Health Officer shall serve at the pleasure of the Administrator. 

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

§ 1113. Administrative 

* * * * * * * 

ø(h) INVESTIGATIVE OFFICERS.—The Board shall maintain at 

least 1 full-time employee in each State located more than 1,000 

miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State.¿ 

SUBCHAPTER III. AUTHORITY

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

(a) IN GENERAL.—As soon as practicable after being notified of an 

øaircraft accident within the United States involving an air carrier 

or foreign air carrier and resulting in a major loss of life¿ aircraft 

accident involving an air carrier or foreign air carrier, resulting in 

any loss of life, and for which the National Transportation Safety 

Board will serve as the lead investigative agency, the Chairman of 

the National Transportation Safety Board shall— 

(1) designate and publicize the name and phone number of 

a director of family support services who shall be an employee 

of the Board and shall be responsible for acting as a point of 

contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air 

carrier or foreign air carrier and the families; and 


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(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating 

the emotional care and support of the families of passengers 

involved in the accident. 

* * * * * * * 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART I. GENERAL

CHAPTER 401. GENERAL PROVISIONS

§ 40102. Definitions 

(a) GENERAL DEFINITIONS.—In this part: 

(1) ‘‘aeronautics’’ means the science and art of flight. 

(2) ‘‘air carrier’’ means a citizen of the United States undertaking by any means, directly or indirectly, to provide air 

transportation. 

(3) ‘‘air commerce’’ means foreign air commerce, interstate 

air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the 

operation of aircraft that directly affects, or may endanger 

safety in, foreign or interstate air commerce. 

(4) ‘‘air navigation facility’’ means a facility used, available 

for use, or designed for use, in aid of air navigation, including— 

(A) a landing area; 

(B) runway lighting and airport surface visual and other 

navigation aids; 

(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to 

air traffic control facilities or aircraft; 

(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; 

(E) any structure, equipment, or mechanism for guiding 

or controlling flight in the air or the landing and takeoff 

of aircraft; and 

(F) buildings, equipment, and systems dedicated to the 

national airspace system. 

(5) ‘‘air transportation’’ means foreign air transportation, 

interstate air transportation, or the transportation of mail by 

aircraft. 

(6) ‘‘aircraft’’ means any contrivance invented, used, or designed to navigate, or fly in, the air. 

(7) ‘‘aircraft engine’’ means an engine used, or intended to be 

used, to propel an aircraft, including a part, appurtenance, and 

accessory of the engine, except a propeller. 

(8) ‘‘airman’’ means an individual— 

(A) in command, or as pilot, mechanic, or member of the 

crew, who navigates aircraft when under way; 

(B) except to the extent the Administrator of the Federal 

Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in 


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charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or 

(C) who serves as an aircraft dispatcher or air traffic 

control-tower operator. 

(9) ‘‘airport’’ means a landing area used regularly by aircraft 

for receiving or discharging passengers or cargo. 

(10) ‘‘all-cargo air transportation’’ means the transportation 

by aircraft in interstate air transportation of only property or 

only mail, or both. 

(11) ‘‘appliance’’ means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable 

of being used, or intended to be used, in operating or controlling aircraft in flight, including a parachute, communication 

equipment, and another mechanism installed in or attached to 

aircraft during flight, and not a part of an aircraft, aircraft engine, or propeller. 

(12) ‘‘cargo’’ means property, mail, or both. 

(13) ‘‘charter air carrier’’ means an air carrier holding a certificate of public convenience and necessity that authorizes it 

to provide charter air transportation. 

(14) ‘‘charter air transportation’’ means charter trips in air 

transportation authorized under this part. 

(15) ‘‘citizen of the United States’’ means— 

(A) an individual who is a citizen of the United States; 

(B) a partnership each of whose partners is an individual who is a citizen of the United States; or 

(C) a corporation or association organized under the laws 

of the United States or a State, the District of Columbia, 

or a territory or possession of the United States, of which 

the president and at least two-thirds of the board of directors and other managing officers are citizens of the United 

States, which is under the actual control of citizens of the 

United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States. 

(16) ‘‘civil aircraft’’ means an aircraft except a public aircraft. 

(17) ‘‘civil aircraft of the United States’’ means an aircraft 

registered under chapter 441 of this title. 

(18) ‘‘conditional sales contract’’ means a contract— 

(A) for the sale of an aircraft, aircraft engine, propeller, 

appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in 

the buyer at a later time on— 

(i) paying any part of the purchase price; 

(ii) performing another condition; or 

(iii) the happening of a contingency; or 

(B) to bail or lease an aircraft, aircraft engine, propeller, 

appliance, or spare part, under which the bailee or lessee— 

(i) agrees to pay an amount substantially equal to 

the value of the property; and 

(ii) is to become, or has the option of becoming, the 

owner of the property on complying with the contract. 


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(19) ‘‘conveyance’’ means an instrument, including a conditional sales contract, affecting title to, or an interest in, property. 

(20) ‘‘Federal airway’’ means a part of the navigable airspace 

that the Administrator designates as a Federal airway. 

(21) ‘‘foreign air carrier’’ means a person, not a citizen of the 

United States, undertaking by any means, directly or indirectly, to provide foreign air transportation. 

(22) ‘‘foreign air commerce’’ means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United 

States and a place outside the United States when any part of 

the transportation or operation is by aircraft. 

(23) ‘‘foreign air transportation’’ means the transportation of 

passengers or property by aircraft as a common carrier for 

compensation, or the transportation of mail by aircraft, between a place in the United States and a place outside the 

United States when any part of the transportation is by aircraft. 

(24) ‘‘human factors’’ means a multidisciplinary field that 

generates and compiles information about human capabilities 

and limitations and applies it to design, development, and 

evaluation of equipment, systems, facilities, procedures, jobs, 

environments, staffing, organizations, and personnel management for safe, efficient, and effective human performance, including people’s use of technology. 

ø(24)¿(25) ‘‘interstate air commerce’’ means the transportation of passengers or property by aircraft for compensation, 

the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation— 

(A) between a place in— 

(i) a State, territory, or possession of the United 

States and a place in the District of Columbia or another State, territory, or possession of the United 

States; 

(ii) a State and another place in the same State 

through the airspace over a place outside the State; 

(iii) the District of Columbia and another place in 

the District of Columbia; or 

(iv) a territory or possession of the United States 

and another place in the same territory or possession; 

and 

(B) when any part of the transportation or operation is 

by aircraft. 

ø(25)¿(26) ‘‘interstate air transportation’’ means the transportation of passengers or property by aircraft as a common 

carrier for compensation, or the transportation of mail by aircraft— 

(A) between a place in— 

(i) a State, territory, or possession of the United 

States and a place in the District of Columbia or another State, territory, or possession of the United 

States; 


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80 

(ii) Hawaii and another place in Hawaii through the 

airspace over a place outside Hawaii; 

(iii) the District of Columbia and another place in 

the District of Columbia; or 

(iv) a territory or possession of the United States 

and another place in the same territory or possession; 

and 

(B) when any part of the transportation is by aircraft. 

ø(26)¿(27) ‘‘intrastate air carrier’’ means a citizen of the 

United States undertaking by any means to provide only intrastate air transportation. 

ø(27)¿(28) ‘‘intrastate air transportation’’ means the transportation by a common carrier of passengers or property for 

compensation, entirely in the same State, by turbojet-powered 

aircraft capable of carrying at least 30 passengers. 

ø(28)¿(29) ‘‘landing area’’ means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even 

when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or 

cargo. 

ø(29)¿(30) ‘‘large hub airport’’ means a commercial service 

airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings. 

ø(30)¿(31) ‘‘mail’’ means United States mail and foreign transit mail. 

ø(31)¿(32) ‘‘medium hub airport’’ means a commercial service 

airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings. 

ø(32)¿(33) ‘‘navigable airspace’’ means airspace above the 

minimum altitudes of flight prescribed by regulations under 

this subpart and subpart III of this part, including airspace 

needed to ensure safety in the takeoff and landing of aircraft. 

ø(33)¿(34) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include piloting aircraft. 

ø(34)¿(35) ‘‘nonhub airport’’ means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings. 

ø(35)¿(36) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean 

using aircraft for the purposes of air navigation, including— 

(A) the navigation of aircraft; and 

(B) causing or authorizing the operation of aircraft with 

or without the right of legal control of the aircraft. 

ø(36)¿(37) ‘‘passenger boardings’’— 

(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior 

calendar year on an aircraft in service in air commerce, as 

the Secretary determines under regulations the Secretary 

prescribes; and 

(B) includes passengers who continue on an aircraft in 

international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose. 

ø(37)¿(38) ‘‘person’’, in addition to its meaning under section 

1 of title 1, includes a governmental authority and a trustee, 

receiver, assignee, and other similar representative. 


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ø(38)¿(39) ‘‘predatory’’ means a practice that violates the 

antitrust laws as defined in the first section of the Clayton Act 

(15 U.S.C. 12). 

ø(39)¿(40) ‘‘price’’ means a rate, fare, or charge. 

ø(40)¿(41) ‘‘propeller’’ includes a part, appurtenance, and accessory of a propeller. 

ø(41)¿(42) ‘‘public aircraft’’ means any of the following: 

(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States 

Government, except as provided in section 40125(b). 

(B) An aircraft owned by the Government and operated 

by any person for purposes related to crew training, equipment development, or demonstration, except as provided in 

section 40125(b). 

(C) An aircraft owned and operated by the government 

of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 

one of these governments, except as provided in section 

40125(b). 

(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or 

a political subdivision of one of these governments, except 

as provided in section 40125(b). 

(E) An aircraft owned or operated by the armed forces 

or chartered to provide transportation or other commercial 

air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the 

term ‘‘other commercial air service’’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or 

hire to the public, and (iii) must comply with all applicable 

civil aircraft rules under title 14, Code of Federal Regulations. 

(F) An unmanned aircraft that is owned and operated by 

or exclusively leased for at least 90 consecutive days by an 

Indian tribal government (as defined in section 102 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), except as provided in section 

40125(b). 

ø(42)¿(43) ‘‘small hub airport’’ means a commercial service 

airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings. 

ø(43)¿(44) ‘‘spare part’’ means an accessory, appurtenance, or 

part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller), propeller, or appliance, that 

is to be installed at a later time in an aircraft, aircraft engine, 

propeller, or appliance. 

ø(44)¿(45) ‘‘State authority’’ means an authority of a State 

designated under State law— 

(A) to receive notice required to be given a State authority under subpart II of this part; or 

(B) as the representative of the State before the Secretary of Transportation in any matter about which the 


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Secretary is required to consult with or consider the views 

of a State authority under subpart II of this part. 

ø(45)¿(46) ‘‘ticket agent’’ means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or 

foreign air carrier) that as a principal or agent sells, offers for 

sale, negotiates for, or holds itself out as selling, providing, or 

arranging for, air transportation. 

ø(46)¿(47) ‘‘United States’’ means the States of the United 

States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the 

overlying airspace. 

ø(47)¿(48) ‘‘air traffic control system’’ means the combination 

of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United Statesassigned airspace, including— 

(A) allocated electromagnetic spectrum and physical, 

real, personal, and intellectual property assets making up 

facilities, equipment, and systems employed to detect, 

track, and guide aircraft movement; 

(B) laws, regulations, orders, directives, agreements, and 

licenses; 

(C) published procedures that explain required actions, 

activities, and techniques used to ensure adequate aircraft 

separation; and 

(D) trained personnel with specific technical capabilities 

to satisfy the operational, engineering, management, and 

planning requirements for air traffic control. 

(b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’ 

means control by any means. 

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

(a) DEVELOPING CIVIL AERONAUTICS AND SAFETY OF AIR COMMERCE.—The Administrator of the Federal Aviation Administration 

shall encourage the development of civil aeronautics and safety of 

air commerce in and outside the United States. In carrying out this 

subsection, the Administrator shall take action that the Administrator considers necessary to establish, within available resources, 

a program to distribute civil aviation information in each region 

served by the Administration. The program shall provide, on request, informational material and expertise on civil aviation to 

State and local school administrators, college and university officials, and officers of other interested organizations. 

(b) INTERNATIONAL ROLE OF THE FAA.—The Administrator shall 

promote and achieve global improvements in the safety, efficiency, 

and environmental effect of air travel by exercising leadership with 

the Administrator’s foreign counterparts, in the International Civil 

Aviation Organization and its subsidiary organizations, and other 

international organizations and fora, and with the private sector. 

(c) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT CONGESTED

AIRPORTS.—In carrying out subsection (a), the Administrator shall 

take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section ø47176¿ 47175. 


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(d) PROMOTION OF UNITED STATES AEROSPACE STANDARDS, 

PRODUCTS, AND SERVICES ABROAD.—The Secretary shall take appropriate actions— 

(1) to promote United States aerospace-related safety standards abroad; 

(2) to facilitate and vigorously defend approvals of United 

States aerospace products and services abroad; 

(3) with respect to bilateral partners, to use bilateral safety 

agreements and other mechanisms to improve validation of 

United States type certificated aeronautical products and services and enhance mutual acceptance in order to eliminate 

redundancies and unnecessary costs; and 

(4) with respect to the aeronautical safety authorities of a foreign country, to streamline that country’s validation of United 

States aerospace standards, products, and services. 

§ 40117. Passenger facility charges 

* * * * * * * 

(b) GENERAL AUTHORITY.— 

(1) The Secretary of Transportation may authorize under 

this section an eligible agency to impose a passenger facility 

charge of $1, $2, or $3 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the 

agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, to be carried out in connection 

with the airport or any other airport the agency controls. 

(2) A State, political subdivision of a State, or authority of 

a State or political subdivision that is not the eligible agency 

may not regulate or prohibit the imposition or collection of a 

passenger facility charge or the use of the passenger facility 

revenue. 

(3) A passenger facility charge may be imposed on a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service airport that the agency controls. 

(4) In lieu of authorizing a charge under paragraph (1), the 

Secretary may authorize under this section an eligible agency 

to impose a passenger facility charge of $4.00 or $4.50 on each 

paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an 

eligible airport-related project, including making payments for 

debt service on indebtedness incurred to carry out the projectø, 

if the Secretary finds—¿. 

ø(A) in the case of an airport that has more than .25 

percent of the total number of annual boardings in the 

United States, that the project will make a significant contribution to improving air safety and security, increasing 

competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise 

on people living near the airport; and 

ø(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred 

to in section 48103.¿ 


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(5) MAXIMUM COST FOR CERTAIN LOW-EMISSION TECHNOLOGY

PROJECTS.—The maximum cost that may be financed by imposition of a passenger facility charge under this section for a 

project described in subsection (a)(3)(G) with respect to a vehicle or ground support equipment may not exceed the incremental amount of the project cost that is greater than the cost 

of acquiring a vehicle or equipment that is not low-emission 

and would be used for the same purpose, or the cost of lowemission retrofitting, as determined by the Secretary. 

(6) DEBT SERVICE FOR CERTAIN PROJECTS.—In addition to the 

uses specified in paragraphs (1) and (4), the Secretary may authorize a passenger facility charge imposed under paragraph 

(1) or (4) to be used for making payments for debt service on 

indebtedness incurred to carry out at the airport a project that 

is not an eligible airport-related project if the Secretary determines that such use is necessary due to the financial need of 

the airport. 

(7) NOISE MITIGATION FOR CERTAIN SCHOOLS.— 

(A) IN GENERAL.—In addition to the uses specified in 

paragraphs (1), (4), and (6), the Secretary may authorize 

a passenger facility charge imposed under paragraph (1) or 

(4) at a large hub airport that is the subject of an amended 

judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a 

project to carry out noise mitigation for a building, or for 

the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the 

airport at which such building is used primarily for educational purposes, notwithstanding the air easement 

granted or any terms to the contrary in such judgment and 

final order, if— 

(i) the Secretary determines that the building is adversely affected by airport noise; 

(ii) the building is owned or chartered by the school 

district that was the plaintiff in case number 986,442 

or 986,446, which was resolved by such judgment and 

final order; 

(iii) the project is for a school identified in 1 of the 

settlement agreements effective February 16, 2005, between the airport and each of the school districts; 

(iv) in the case of a project to replace a relocatable 

building with a permanent building, the eligible 

project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in 

instructional classrooms to an interior noise level 

meeting current standards of the Federal Aviation Administration; and 

(v) the project otherwise meets the requirements of 

this section for authorization of a passenger facility 

charge. 

(B) ELIGIBLE PROJECT COSTS.—In subparagraph (A)(iv), 

the term ‘‘eligible project costs’’ means the difference between the cost of standard school construction and the cost 


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of construction necessary to mitigate classroom noise to 

the standards of the Federal Aviation Administration. 

* * * * * * * 

(l) PILOT PROGRAM FOR PASSENGER FACILITY CHARGE AUTHORIZATIONS AT øNONHUB¿ CERTAIN AIRPORTS.— 

(1) IN GENERAL.—The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible 

agencies for ønonhub¿ nonhub, small hub, medium hum, and 

large hub airports to impose passenger facility charges. An eligible agency may impose in accordance with the provisions of 

this subsection a passenger facility charge under this section. 

For purposes of the pilot program, the procedures in this subsection shall apply instead of the procedures otherwise provided in this section. 

(2) NOTICE AND OPPORTUNITY FOR CONSULTATION.—The eligible agency must provide reasonable notice and an opportunity 

for consultation to air carriers and foreign air carriers in accordance with subsection (c)(2) and must provide reasonable 

notice and opportunity for public comment in accordance with 

subsection (c)(3). 

(3) NOTICE OF INTENTION.—The eligible agency must submit 

to the Secretary a notice of intention to impose a passenger facility charge under this subsection. The notice shall include— 

(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility charge is sought; 

(B) the amount of revenue from passenger facility 

charges that is proposed to be collected for each project; 

and 

(C) the level of the passenger facility charge that is proposed. 

(4) ACKNOWLEDGEMENT OF RECEIPT AND INDICATION OF OBJECTION.—The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger 

facility charge under this subsection for any project identified 

in the notice within 30 days after receipt of the eligible agency’s notice. 

(5) AUTHORITY TO IMPOSE CHARGE.—Unless the Secretary objects within 30 days after receipt of the eligible agency’s notice, 

the eligible agency is authorized to impose a passenger facility 

charge in accordance with the terms of its notice under this 

subsection. 

(6) REGULATIONS.—Not later than 180 days after the date of 

enactment of this subsection, the Secretary shall propose such 

regulations as may be necessary to carry out this subsection. 

(7) ACKNOWLEDGEMENT NOT AN ORDER.—An acknowledgement issued under paragraph (4) shall not be considered an 

order issued by the Secretary for purposes of section 46110. 

(m) FINANCIAL MANAGEMENT OF CHARGES.— 

(1) HANDLING OF CHARGES.—A covered air carrier shall segregate in a separate account passenger facility revenue equal 

to the average monthly liability for charges collected under this 

section by such carrier or any of its agents for the benefit of 

the eligible agencies entitled to such revenue. 


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86 

(2) TRUST FUND STATUS.—If a covered air carrier or its agent 

fails to segregate passenger facility revenue in violation of the 

subsection, the trust fund status of such revenue shall not be 

defeated by an inability of any party to identify and trace the 

precise funds in the accounts of the air carrier. 

(3) PROHIBITION.—A covered air carrier and its agents may 

not grant to any third party any security or other interest in 

passenger facility revenue. 

(4) COMPENSATION TO ELIGIBLE ENTITIES.—A covered air carrier that fails to comply with any requirement of this subsection, or otherwise unnecessarily causes an eligible entity to 

expend funds, through litigation or otherwise, to recover or retain payment of passenger facility revenue to which the eligible 

entity is otherwise entitled shall be required to compensate the 

eligible agency for the costs so incurred. 

(5) INTEREST ON AMOUNTS.—A covered air carrier that collects passenger facility charges is entitled to receive the interest on passenger facility charge accounts if the accounts are established and maintained in compliance with this subsection. 

(6) EXISTING REGULATIONS.—The provisions of section 158.49 

of title 14, Code of Federal Regulations, that permit the commingling of passenger facility charges with other air carrier 

revenue shall not apply to a covered air carrier. 

(7) COVERED AIR CARRIER DEFINED.—. In this section, the 

term ‘‘covered air carrier’’ means an air carrier that files for 

chapter 7 or chapter 11 of title 11 bankruptcy protection, or 

has an involuntary chapter 7 of title 11 bankruptcy proceeding 

commenced against it, after the date of enactment of this subsection. 

(n) PFC ELIGIBILITY FOR INTERMODAL GROUND ACCESS

PROJECTS.— (1) IN GENERAL.—The Secretary may authorize a passenger 

facility charge imposed under subsection (b)(1) to be used to finance the eligible capital costs of an intermodal ground access 

project. 

(2) DEFINITION OF INTERMODAL GROUND ACCESS PROJECT.— In this subsection, the term ‘‘intermodal ground access project’’ 

means a project for constructing a local facility owned or operated by an eligible agency that— 

(A) is located on airport property; and 

(B) is directly and substantially related to the movement 

of passengers or property traveling in air transportation. 

(3) ELIGIBLE CAPITAL COSTS.—The eligible capital costs of an 

intermodal ground access project shall be the lesser of— 

(A) the total capital cost of the project multiplied by the 

ratio that the number of individuals projected to use the 

project to gain access to or depart from the airport bears to 

the total number of individuals projected to use the local 

facility; or 

(B) the total cost of the capital improvements that are located on airport property. 

(4) DETERMINATIONS.—The Secretary shall determine the projected use and cost of a project for purposes of paragraph (3) 

at the time the project is approved under this subsection, except 

that, in the case of a project to be financed in part using funds 


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87 

administered by the Federal Transit Administration, the Secretary shall use the travel forecasting model for the project at 

the time the project is approved by the Federal Transit Administration to enter preliminary engineering to determine the projected use and cost of the project for purposes of paragraph (3). 

(5) NONATTAINMENT AREAS.—For airport property, any area 

of which is located in a nonattainment area (as defined under 

section 171 of the Clean Air Act (42 U.S.C. 7501)) for 1 or more 

criteria pollutant, the airport emissions reductions from less 

airport surface transportation and parking as a direct result of 

the development of an intermodal project on the airport property would be eligible for air quality emissions credits. 

(o) USE OF REVENUES AT A PREVIOUSLY ASSOCIATED AIRPORT.— 

Notwithstanding the requirements relating to airport control under 

subsection (b)(1), the Secretary may authorize use of a passenger facility charge under subsection (b) to finance an eligible airport-related project if— 

(1) the eligible agency seeking to impose the new charge controls an airport where a $2.00 passenger facility charge became 

effective on January 1, 2013; and 

(2) the location of the project to be financed by the new charge 

is at an airport that was under the control of the same eligible 

agency that had controlled the airport described in paragraph 

(1). 

§ 40122. Federal Aviation Administration personnel management system 

* * * * * * * 

(g) PERSONNEL MANAGEMENT SYSTEM.— 

(1) IN GENERAL.—In consultation with the employees of the 

Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel 

laws, the Administrator shall develop and implement, not later 

than January 1, 1996, a personnel management system for the 

Administration that addresses the unique demands on the 

agency’s workforce. Such a new system shall, at a minimum, 

provide for greater flexibility in the hiring, training, compensation, and location of personnel. 

(2) APPLICABILITY OF TITLE 5.—The provisions of title 5 shall 

not apply to the new personnel management system developed 

and implemented pursuant to paragraph (1), with the exception of— 

(A) section 2302(b), relating to whistleblower protection, 

including the provisions for investigation and enforcement 

as provided in chapter 12 of title 5; 

(B) sections 3308-3320, relating to veterans’ preference; 

(C) chapter 71, relating to labor-management relations; 

(D) section 7204, relating to antidiscrimination; 

(E) chapter 73, relating to suitability, security, and conduct; 

(F) chapter 81, relating to compensation for work injury; 

(G) chapters 83-85, 87, and 89, relating to retirement, 

unemployment compensation, and insurance coverage; 


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88 

(H) sections 1204, 1211-1218, 1221, and 7701-7703, relating to the Merit Systems Protection Boardø; and¿; 

(I) subsections (b), (c), and (d) of section 4507 (relating 

to Meritorious Executive or Distinguished Executive rank 

awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished 

Senior Professional rank awards), except that— 

(i) for purposes of applying such provisions to the 

personnel management system— 

(I) the term ‘‘agency’’ means the Department of 

Transportation; 

(II) the term ‘‘senior executive’’ means a Federal 

Aviation Administration executive; 

(III) the term ‘‘career appointee’’ means a Federal Aviation Administration career executive; and 

(IV) the term ‘‘senior career employee’’ means a 

Federal Aviation Administration career senior 

professional; 

(ii) receipt by a career appointee or a senior career 

employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a 

lump-sum payment of an amount equal to 20 percent 

of annual basic pay, which shall be in addition to the 

basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and 

(iii) receipt by a career appointee or a senior career 

employee of the rank of Distinguished Executive or 

Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 

35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation 

Administration Executive Compensation Planø.¿; and 

(J) subject to paragraph (4), section 6329, relating to disabled veteran leave. 

(3) APPEALS TO MERIT SYSTEMS PROTECTION BOARD.—Under 

the new personnel management system developed and implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection 

Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of 

March 31, 1996. Notwithstanding any other provision of law, 

retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of 

March 31, 1996. 

(4) CERTIFICATION OF DISABLED VETERAN LEAVE.—In order to 

verify that leave credited to an employee pursuant to paragraph 

(2)(J) is used for treating a service-connected disability, that 

employee shall, notwithstanding section 6329(c) of title 5, submit to the Assistant Administrator for Human Resource Management of the Federal Aviation Administration certification, in 

such form and manner as the Administrator of the Federal 

Aviation Administration may prescribe, that the employee used 

that leave for purposes of being furnished treatment for that 

disability by a health care provider. 


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89 

2 The amendments to section 40122(g) of title 49, United States Code, shall apply with respect 

to any employee of the Federal Aviation Administration hired on or after the date that is 1 year 

after the date of enactment of this Act. 

ø(4)¿(5) EFFECTIVE DATE.—This subsection shall take effect 

on April 1, 1996.2

* * * * * * * 

§ 40125. Qualifications for public aircraft status 

(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described in 

subparagraph (A), (B), (C), øor (D)¿ (D), or (F) of section 

40102(a)(41) does not qualify as a public aircraft under such section 

when the aircraft is used for commercial purposes or to carry an 

individual other than a crewmember or a qualified non-crewmember. 

* * * * * * * 

§ 40128. Overflights of national parks 

(a) IN GENERAL.— (1) GENERAL REQUIREMENTS.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, except— 

(A) in accordance with this section; 

(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and 

(C) in accordance with any applicable air tour management plan or voluntary agreement under subsection (b)(7) 

for the park or tribal lands. 

(2) APPLICATION FOR OPERATING AUTHORITY.— (A) APPLICATION REQUIRED.—Before commencing commercial air tour operations over a national park or tribal 

lands, a commercial air tour operator shall apply to the 

Administrator for authority to conduct the operations over 

the park or tribal lands. 

(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY

PARKS.—Whenever an air tour management plan limits the 

number of commercial air tour operations over a national 

park during a specified time frame, the Administrator, in 

cooperation with the Director, shall issue operation specifications to commercial air tour operators that conduct 

such operations. The operation specifications shall include 

such terms and conditions as the Administrator and the 

Director find necessary for management of commercial air 

tour operations over the park. The Administrator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons interested in providing commercial air tour operations over the 

park. In making a selection from among various proposals 

submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, including— 

(i) the safety record of the person submitting the 

proposal or pilots employed by the person; 

(ii) any quiet aircraft technology proposed to be used 

by the person submitting the proposal; 


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90 

(iii) the experience of the person submitting the proposal with commercial air tour operations over other 

national parks or scenic areas; 

(iv) the financial capability of the person submitting 

the proposal; 

(v) any training programs for pilots provided by the 

person submitting the proposal; and 

(vi) responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park. 

(C) NUMBER OF OPERATIONS AUTHORIZED.—In determining the number of authorizations to issue to provide 

commercial air tour operations over a national park, the 

Administrator, in cooperation with the Director, shall take 

into consideration the provisions of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided by any such operators, and the financial viability of 

each commercial air tour operation. 

(D) COOPERATION WITH NPS.—Before granting an application under this paragraph, the Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with subsection (b) and implement such plan. 

(E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS.— The Administrator shall make every effort to act on any 

application under this paragraph and issue a decision on 

the application not later than 24 months after it is received or amended. 

(F) PRIORITY.—In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Administrator shall give priority to an application under this paragraph in any case in which a new 

entrant commercial air tour operator is seeking operating 

authority with respect to that national park. 

(3) EXCEPTION.—Notwithstanding paragraph (1), commercial 

air tour operators may conduct commercial air tour operations 

over a national park under part 91 of øthe¿ title 14, Code of 

Federal Regulations if— 

(A) such activity is permitted under part 119 of such 

title; 

(B) the operator secures a letter of agreement from the 

Administrator and the national park superintendent for 

that national park describing the conditions under which 

the operations will be conducted; and 

(C) the total number of operations under this exception 

is limited to not more than five flights in any 30-day period over a particular park. 

(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwithstanding subsection (c), an existing commercial air tour operator shall apply, not later than 90 days after the date of the 

enactment of this section, for operating authority under part 

119, 121, or 135 of title 14, Code of Federal Regulations. A new 

entrant commercial air tour operator shall apply for such authority before conducting commercial air tour operations over 


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91 

a national park or tribal lands. The Administrator shall make 

every effort to act on any such application for a new entrant 

and issue a decision on the application not later than 24 

months after it is received or amended. 

(5) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER

FLIGHTS EACH YEAR.— (A) IN GENERAL.—Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour operations over the park each year shall be exempt from the 

requirements of this section, except as provided in subparagraph (B). 

(B) WITHDRAWAL OF EXEMPTION.—If the Director determines that an air tour management plan or voluntary 

agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall 

withdraw the exemption of a park under subparagraph 

(A). 

(C) LIST OF PARKS.— 

(i) IN GENERAL.—The Director and Administrator 

shall jointly publish a list each year of national parks 

that are covered by the exemption provided under this 

paragraph. 

(ii) NOTIFICATION OF WITHDRAWAL OF EXEMPTION.— 

The Director shall inform the Administrator, in writing, of each determination to withdraw an exemption 

under subparagraph (B). 

(D) ANNUAL REPORT.—A commercial air tour operator 

conducting commercial air tour operations over a national 

park that is exempt from the requirements of this section 

shall submit to the Administrator and the Director a report each year that includes the number of commercial air 

tour operations the operator conducted during the preceding 1-year period over such park. 

* * * * * * * 

(f) LAKE MEAD.—This section shall not apply to any air tour operator while flying over or near the Lake Mead National Recreation 

Area, solely as a transportation route, to conduct an air tour over 

the Grand Canyon National Park. For purposes of this subsection, 

an air tour operator flying over the Hoover Dam in the Lake Mead 

National Recreation Area en route to the Grand Canyon National 

Park shall be deemed to be flying solely as a transportation route. 

(f) TRANSPORTATION ROUTES.— 

(1) IN GENERAL.—This section shall not apply to any air tour 

operator while flying over or near any Federal land managed 

by the Director of the National Park Service, including Lake 

Mead National Recreation Area, solely as a transportation 

route, to conduct an air tour over the Grand Canyon National 

Park. 

(2) EN ROUTE.—For purposes of this subsection, an air tour 

operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National 

Park shall be deemed to be flying solely as a transportation 

route. 

* * * * * * * 


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SUBPART II. ECONOMIC REGULATION

CHAPTER 411. AIR CARRIER CERTIFICATES

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

(a) SUBMISSION OF PLANS.—Each air carrier holding a certificate 

of public convenience and necessity under section 41102 of this title 

shall submit to the Secretary and the Chairman of the National 

Transportation Safety Board a plan for addressing the needs of the 

families of passengers involved in any aircraft accident involving 

an aircraft of the air carrier and resulting in øa major¿ any loss 

of life. 

(b) CONTENTS OF PLANS.—A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following: 

(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families 

of the passengers. 

(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1136(a)(2) of this title or 

the services of other suitably trained individuals. 

(3) An assurance that the notice described in paragraph (2) 

will be provided to the family of a passenger as soon as the air 

carrier has verified that the passenger was aboard the aircraft 

(whether or not the names of all of the passengers have been 

verified) and, to the extent practicable, in person. 

(4) An assurance that the air carrier will provide to the director of family support services designated for the accident 

under section 1136(a)(1) of this title, and to the organization 

designated for the accident under section 1136(a)(2) of this 

title, immediately upon request, a list (which is based on the 

best available information at the time of the request) of the 

names of the passengers aboard the aircraft (whether or not 

such names have been verified), and will periodically update 

the list. 

(5) An assurance that the family of each passenger will be 

consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier. 

(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of 

the air carrier (regardless of its condition) will be returned to 

the family unless the possession is needed for the accident investigation or any criminal investigation. 

(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by 

the air carrier for at least 18 months. 

(8) An assurance that the family of each passenger will be 

consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument. 

(9) An assurance that the treatment of the families of nonrevenue passengers ø(and any other victim of the accident)¿ 


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93 

(and any other victim of the accident, including any victim on 

the ground) will be the same as the treatment of the families 

of revenue passengers. 

(10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on 

an ongoing basis to ensure that families of passengers receive 

an appropriate level of services and assistance following each 

accident. 

(11) An assurance that the air carrier will provide reasonable 

compensation to any organization designated under section 

1136(a)(2) of this title for services provided by the organization. 

(12) An assurance that the air carrier will assist the family 

of a passenger in traveling to the location of the accident and 

provide for the physical care of the family while the family is 

staying at such location. 

(13) An assurance that the air carrier will commit sufficient 

resources to carry out the plan. 

(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the 

passenger’s name appeared on a preliminary passenger manifest for the flight involved in the accident. 

(15) An assurance that the air carrier will provide adequate 

training to the employees and agents of the carrier to meet the 

needs of survivors and family members following an accident. 

(16) An assurance that the air carrier, in the event that the 

air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving ømajor¿ any loss of life, will 

consult with the Board and the Department of State on the 

provision of the assistance. 

(17)(A) An assurance that, in the case of an accident that results in øsignificant¿ any damage to a manmade structure or 

other property on the ground that is not government-owned, 

the air carrier will promptly provide notice, in writing, to the 

extent practicable, directly to the owner of the structure or 

other property about liability for any property damage and 

means for obtaining compensation. 

(B) At a minimum, the written notice shall advise an 

owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered 

by air carrier representatives about compensation by the 

air carrier for accident-site property damage; and (iii) to 

obtain photographic or other detailed evidence of property 

damage as soon as possible after the accident, consistent 

with restrictions on access to the accident site. 

(18) An assurance that, in the case of an accident in which 

the National Transportation Safety Board conducts a public 

hearing or comparable proceeding at a location greater than 80 

miles from the accident site, the air carrier will ensure that 

the proceeding is made available simultaneously by electronic 

means at a location open to the public at both the origin city 

and destination city of the air carrier’s flight if that city is located in the United States. 


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94 

(c) CERTIFICATE REQUIREMENT.—The Secretary may not approve 

an application for a certificate of public convenience and necessity 

under section 41102 of this title unless the applicant has included 

as part of such application a plan that meets the requirements of 

subsection (b). 

(d) LIMITATION ON LIABILITY.—An air carrier shall not be liable 

for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in preparing or providing a passenger list, or in providing information concerning a 

preliminary passenger manifest, pursuant to a plan submitted by 

the air carrier under subsection (b), unless such liability was 

caused by conduct of the air carrier which was grossly negligent or 

which constituted intentional misconduct. 

ø(e) AIRCRAFT ACCIDENT AND PASSENGER DEFINED.—In this section, the terms ‘‘aircraft accident’’ and ‘‘passenger’’ have the meanings such terms have in section 1136 of this title.¿ 

(e) DEFINITIONS.—In this section: 

(1) ‘‘Aircraft accident’’ means any aviation disaster, regardless of its cause or suspected cause, for which the National 

Transportation Safety Board is the lead investigative agency. 

(2) ‘‘Passenger’’ has the meaning given the term in section 

1136. 

(f) STATUTORY CONSTRUCTION.—Nothing in this section may be 

construed as limiting the actions that an air carrier may take, or 

the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident. 

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

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) AIRCRAFT ACCIDENT.—The term ‘‘aircraft accident’’ means 

any aviation disaster, regardless of its cause or suspected 

cause, that occurs within the United States; and 

(2) PASSENGER.—The term ‘‘passenger’’ has the meaning 

given such term by section 1136. 

(b) SUBMISSION OF PLANS.—A foreign air carrier providing foreign air transportation under this chapter shall transmit to the 

Secretary of Transportation and the Chairman of the National 

Transportation Safety Board a plan for addressing the needs of the 

families of passengers involved in an aircraft accident that involves 

an aircraft under the control of the foreign air carrier and results 

in øa major¿ any loss of life. 

(c) CONTENTS OF PLANS.—To the extent permitted by foreign law 

which was in effect on the date of the enactment of this section, 

a plan submitted by a foreign air carrier under subsection (b) shall 

include the following: 

(1) TELEPHONE NUMBER.—A plan for publicizing a reliable, 

toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident 

that involves an aircraft under the control of the foreign air 

carrier and results in øa significant¿ any loss of life. 

(2) NOTIFICATION OF FAMILIES.—A process for notifying, in 

person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under 

the control of the foreign air carrier and results in øa signifiVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00098 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

SSpencer on DSK4SPTVN1PROD with REPORTS
95 

cant¿ any loss of life before providing any public notice of the 

names of such passengers. Such notice shall be provided by 

using the services of— 

(A) the organization designated for the accident under 

section 1136(a)(2); or 

(B) other suitably trained individuals. 

(3) NOTICE PROVIDED AS SOON AS POSSIBLE.—An assurance 

that the notice required by paragraph (2) shall be provided as 

soon as practicable after the foreign air carrier has verified the 

identity of a passenger on the foreign aircraft, whether or not 

the names of all of the passengers have been verified. 

(4) LIST OF PASSENGERS.—An assurance that the foreign air 

carrier shall provide, immediately upon request, and update a 

list (based on the best available information at the time of the 

request) of the names of the passengers aboard the aircraft 

(whether or not such names have been verified), to— 

(A) the director of family support services designated for 

the accident under section 1136(a)(1); and 

(B) the organization designated for the accident under 

section 1136(a)(2). 

(5) CONSULTATION REGARDING DISPOSITION OF REMAINS AND

EFFECTS.—An assurance that the family of each passenger will 

be consulted about the disposition of any remains and personal 

effects of the passenger that are within the control of the foreign air carrier. 

(6) RETURN OF POSSESSIONS.—An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or 

a criminal investigation. 

(7) UNCLAIMED POSSESSIONS RETAINED.—An assurance that 

any unclaimed possession of a passenger within the control of 

the foreign air carrier will be retained by the foreign air carrier 

for not less than 18 months after the date of the accident. 

(8) MONUMENTS.—An assurance that the family of each passenger will be consulted about construction by the foreign air 

carrier of any monument to the passengers built in the United 

States, including any inscription on the monument. 

(9) EQUAL TREATMENT OF PASSENGERS.—An assurance that 

the treatment of the families of nonrevenue passengers will be 

the same as the treatment of the families of revenue passengers. 

(10) SERVICE AND ASSISTANCE TO FAMILIES OF PASSENGERS.— 

An assurance that the foreign air carrier will work with any 

organization designated under section 1136(a)(2) on an ongoing 

basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident. 

(11) COMPENSATION TO SERVICE ORGANIZATIONS.—An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 

1136(a)(2) for services and assistance provided by the organization. 

(12) TRAVEL AND CARE EXPENSES.—An assurance that the 

foreign air carrier will assist the family of any passenger in 


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96 

traveling to the location of the accident and provide for the 

physical care of the family while the family is staying at such 

location. 

(13) RESOURCES FOR PLAN.—An assurance that the foreign 

air carrier will commit sufficient resources to carry out the 

plan. 

(14) SUBSTITUTE MEASURES.—If a foreign air carrier does not 

wish to comply with paragraph (10), (11), or (12), a description 

of proposed adequate substitute measures for the requirements 

of each paragraph with which the foreign air carrier does not 

wish to comply. 

(15) TRAINING OF EMPLOYEES AND AGENTS.—An assurance 

that the foreign air carrier will provide adequate training to 

the employees and agents of the carrier to meet the needs of 

survivors and family members following an accident. 

(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY

PLAN.—An assurance that the foreign air carrier, in the event 

that the foreign air carrier volunteers assistance to United 

States citizens within the United States with respect to an aircraft accident outside the United States involving ømajor¿ any 

loss of life, the foreign air carrier will consult with the Board 

and the Department of State on the provision of the assistance. 

(17) NOTICE CONCERNING LIABILITY FOR MANMADE STRUC- TURES.— 

(A) IN GENERAL.—An assurance that, in the case of an 

accident that results in øsignificant¿ any damage to a 

manmade structure or other property on the ground that 

is not government-owned, the foreign air carrier will 

promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other 

property about liability for any property damage and 

means for obtaining compensation. 

(B) MINIMUM CONTENTS.—At a minimum, the written 

notice shall advise an owner (i) to contact the insurer of 

the property as the authoritative source for information 

about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensation by the foreign air carrier for accident-site property damage; and (iii) to obtain photographic 

or other detailed evidence of property damage as soon as 

possible after the accident, consistent with restrictions on 

access to the accident site. 

(18) SIMULTANEOUS ELECTRONIC TRANSMISSION OF NTSB

HEARING.—An assurance that, in the case of an accident in 

which the National Transportation Safety Board conducts a 

public hearing or comparable proceeding at a location greater 

than 80 miles from the accident site, the foreign air carrier will 

ensure that the proceeding is made available simultaneously 

by electronic means at a location open to the public at both the 

origin city and destination city of the foreign air carrier’s flight 

if that city is located in the United States. 

(d) PERMIT AND EXEMPTION REQUIREMENT.—The Secretary shall 

not approve an application for a permit under section 41302 unless 

the applicant has included as part of the application or request for 

exemption a plan that meets the requirements of subsection (c). 


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(e) LIMITATION ON LIABILITY.—A foreign air carrier shall not be 

liable for damages in any action brought in a Federal or State court 

arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted 

by the foreign air carrier under subsection (c), unless the liability 

was caused by conduct of the foreign air carrier which was grossly 

negligent or which constituted intentional misconduct. 

CHAPTER 413. FOREIGN AIR TRANSPORTATION

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

(c)(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY

PLAN.—An assurance that the foreign air carrier, in the event that 

the foreign air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident 

outside the United States involving major loss of life, øthe foreign 

air carrier will consult¿ will consult with the Board and the Department of State on the provision of the assistance. 

CHAPTER 417. OPERATIONS OF CARRIERS

SUBCHAPTER I. REQUIREMENTS

§ 41725. Training to combat human trafficking 

(a) IN GENERAL.—Each air carrier providing passenger air transportation shall provide flight attendants who are employees or contractors of the air carrier with training to combat human trafficking 

in the course of carrying out their duties as employees or contractors 

of the air carrier. 

(b) ELEMENTS OF TRAINING.—The training an air carrier is required to provide under subsection (a) to flight attendants shall include training with respect to— 

(1) common indicators of human trafficking; and 

(2) best practices for reporting suspected human trafficking to 

law enforcement officers. 

(c) MATERIALS.—An air carrier may provide the training required 

by subsection (a) using modules and materials developed by the Department of Transportation and the Department of Homeland Security, including the training module and associated materials of the 

Blue Lightning Initiative and modules and materials subsequently 

developed and recommended by such Departments with respect to 

combating human trafficking. 

(d) INTERAGENCY COORDINATION.—The Administrator of the Federal Aviation Administration shall coordinate with the Secretary of 

Homeland Security to ensure that appropriate training modules and 

materials are available for air carriers to conduct the training required by subsection (a). 

(e) HUMAN TRAFFICKING DEFINED.—In this section, the term 

‘‘human trafficking’’ means 1 or more severe forms of trafficking in 

persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)). 


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§ 41726. Prohibition on certain cell phone voice communications 

(a) PROHIBITION.—The Secretary of Transportation may issue regulations— 

(1) to prohibit an individual on an aircraft from engaging in 

voice communications using a mobile communications device 

during a flight of that aircraft in scheduled passenger interstate 

or intrastate air transportation; and 

(2) that exempt from the prohibition described in paragraph 

(1)— 

(A) any member of the flight crew on duty on an aircraft; 

(B) any flight attendant on duty on an aircraft; and 

(C) any Federal law enforcement officer acting in an official capacity. 

(b) DEFINITIONS.—In this section: 

(1) FLIGHT.—The term ‘‘flight’’ means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands. 

(2) MOBILE COMMUNICATIONS DEVICE.— 

(A) IN GENERAL.—The term ‘‘mobile communications device’’ means any portable wireless telecommunications 

equipment utilized for the transmission or reception of voice 

data. 

(B) LIMITATION.—The term ‘‘mobile communications device’’ does not include a phone installed on an aircraft. 

SUBCHAPTER II. SMALL COMMUNITY AIR SERVICE

§ 41731. Definitions 

(a) GENERAL.—In this subchapter— 

(1) ‘‘eligible place’’ means a place in the United States that— 

(A)(i)(I) was an eligible point under section 419 of the 

Federal Aviation Act of 1958 before October 1, 1988; 

(II) received scheduled air transportation at any 

time after January 1, 1990; and 

(III) is not listed in Department of Transportation Orders 89-9-37 and 89-12-52 as a place ineligible for compensation under this subchapter; 

or 

ø(ii) was determined, on or after October 1, 1988, 

and before the date of the enactment of the Wendell 

H. Ford Aviation Investment and Reform Act for the 

21st Century, under this subchapter by the Secretary 

of Transportation to be eligible to receive subsidized 

small community air service under section 41736(a);¿ 

(ii) was determined, on or after October 1, 1988, and 

before December 1, 2012, under this subchapter by the 

Secretary of Transportation to be eligible to receive 

subsidized small community air service under section 

41736 (a); 

(B) had an average of 10 enplanements per service day 

or more, as determined by the Secretary, during the most 

recent fiscal year beginning after September 30, 2012; 


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(C) had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined 

by the Secretary; and 

(D) is a community that, at any time during the period 

between September 30, 2010, and September 30, 2011, inclusive— 

(i) received essential air service for which compensation was provided to an air carrier under this subchapter; or 

(ii) received a 90-day notice of intent to terminate 

essential air service and the Secretary required the air 

carrier to continue to provide such service to the community. 

(2) ‘‘enhanced essential air service’’ means scheduled air 

transportation to an eligible place of a higher level or quality 

than basic essential air service described in section 41732 of 

this title. 

(b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN ELIGIBLE PLACE.—The Secretary may not decide that a place described 

in subsection (a)(1) of this section is not an eligible place on any 

basis that is not specifically stated in this subchapter. 

(c) EXCEPTION FOR LOCATIONS IN ALASKA AND HAWAII.—Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the State of Alaska or the State of Hawaii. 

(d) EXCEPTIONS FOR LOCATIONS MORE THAN 175 DRIVING MILES

FROM THE NEAREST LARGE OR MEDIUM HUB AIRPORT.—Subsection 

(a)(1)(B) shall not apply with respect to locations that are more 

than 175 driving miles from the nearest large or medium hub airport. 

(e) WAIVERS.—For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection 

(a)(1)(B) with respect to a location if the location demonstrates to 

the Secretary’s satisfaction that the reason the location averages 

fewer than 10 enplanements per day is due to a temporary decline 

in enplanements. 

(f) DEFINITION.—For purposes of subsection (a)(1)(B), the term 

‘‘enplanements’’ means the number of passengers enplaning, at an 

eligible place, on flights operated by the subsidized essential air 

service carrier. 

§ 41732. Basic essential air service 

(a) GENERAL.—Basic essential air service provided under section 

41733 of this title is scheduled air transportation of passengers and 

cargo— 

(1) to a hub airport that has convenient connecting or singleplane air service to a substantial number of destinations beyond that airport; or 

(2) to a small hub or nonhub airport, when in Alaska or 

when the nearest hub airport is more than 400 miles from an 

eligible place. 

(b) MINIMUM REQUIREMENTS.—Basic essential air service shall 

include at least the following: 

(1)(A) for a place not in Alaska, 2 daily round trips 6 days 

a week, with not more than one intermediate stop on each 

flight; or 


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100 

(B) for a place in Alaska, a level of service at least equal 

to that provided in 1976 or 2 round trips a week, whichever is greater, except that the Secretary of Transportation 

and the appropriate State authority of Alaska may agree 

to a different level of service after consulting with the affected community. 

(2) flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices 

that are not excessive compared to the generally prevailing 

prices of other air carriers for like service between similar 

places. 

(3) for a place not in Alaska, service provided in an aircraft 

with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 

1976-1986 were more than 11 passengers unless— 

(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 

41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in 

that year; or 

(B) the affected community agrees with the Secretary in 

writing to the use of smaller aircraft to provide service to 

the place. 

(4) service accommodating the estimated passenger and 

property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more 

than— 

(A) 50 percent; or 

(B) 60 percent when service is provided by aircraft with 

more than 14 passenger seats. 

(5) service provided in aircraft with at least 2 engines and 

using 2 pilots, unless scheduled air transportation has not been 

provided to the place in aircraft with at least 2 engines and 

using 2 pilots for at least 60 consecutive operating days at any 

time since October 31, 1978. 

(6) service provided by pressurized aircraft when the service 

is provided by aircraft that regularly fly above 8,000 feet in altitude. 

(c) WAIVERS.—Notwithstanding section 41733(e), upon request by 

an eligible place, the Secretary may waive, in whole or in part, subsections (a) and (b) of this section or subsections (a) through (c) of 

section 41734. A waiver issued under this subsection shall remain 

in effect for a limited period of time, as determined by the Secretary. 

§ 41742. Essential air service authorization 

(a) IN GENERAL.— 

(1) AUTHORIZATION.—Out of the amounts received by the 

Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided 

to the Administration, the sum of $50,000,000 for each fiscal 

year is authorized and shall be made available immediately for 

obligation and expenditure to carry out the essential air service 

program under this subchapter. 


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(2) ADDITIONAL FUNDS.—In addition to amounts authorized 

under paragraph (1), there is authorized to be appropriated out 

of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) ø$150,000,000 

for fiscal year 2011, $143,000,000 for fiscal year 2012, 

$118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 

2014, $93,000,000 for fiscal year 2015, and $77,500,000 for the 

period beginning on October 1, 2015, and ending on July 15, 

2016¿ $155,000,000 for each of fiscal years 2016 through 2017, 

to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year 

may be used for the marketing incentive program for communities and for State marketing assistance. 

ø(3) AUTHORIZATION FOR ADDITIONAL EMPLOYEES.—In addition to amounts authorized under paragraphs (1) and (2), there 

are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 

4 additional employees for the office responsible for carrying 

out the essential air service program.¿ 

(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Notwithstanding any 

other provision of law, in any fiscal year in which funds credited 

to the account established under section 45303, including the funds 

derived from fees imposed under the authority contained in section 

45301(a), exceed the $50,000,000 made available under subsection 

(a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program 

under this subchapter. 

(c) AVAILABILITY OF FUNDS.—The funds made available under 

this section shall remain available until expended. 

§ 41743. Airports not receiving sufficient service 

(a) SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM.— 

The Secretary of Transportation shall establish a program that 

meets the requirements of this section for improving air carrier 

service to airports not receiving sufficient air carrier service. 

(b) APPLICATION REQUIRED.—In order to participate in the program established under subsection (a), a community or consortium 

of communities shall submit an application to the Secretary in such 

form, at such time, and containing such information as the Secretary may require, including— 

(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and 

(2) an analysis of the application of the criteria in subsection 

(c) to that community or consortium. 

(c) CRITERIA FOR PARTICIPATION.—In selecting communities, or 

consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following 

criteria: 

ø(1) SIZE.—For calendar year 1997, the airport serving the 

community or consortium was not larger than a small hub airport, and— 

ø(A) had insufficient air carrier service; or 

ø(B) had unreasonably high air fares.¿ 


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(1) SIZE.—On the date of the most recent notice of order soliciting community proposals issued by the Secretary under this 

section, the airport serving the community or consortium— 

(A) was not larger than a small hub airport, as determined using the Department of Transportation’s most recent published classification; and 

(B)(i) had insufficient air carrier service; or 

(ii) had unreasonably high air fares. 

(2) CHARACTERISTICS.—The airport presents characteristics, 

such as geographic diversity or unique circumstances, that will 

demonstrate the need for, and feasibility of, the program established under subsection (a). 

(3) STATE LIMIT.—Not more than 4 communities or consortia 

of communities, or a combination thereof, from the same State 

may be selected to participate in the program in any fiscal 

year. 

(4) OVERALL LIMIT.— 

(A) IN GENERAL.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which 

funds are appropriated for the program. 

(B) SAME PROJECTS.—øNo community¿ Except as provided in subparagraph (C), consortia of communities, nor 

combination thereof may participate in the program in 

support of the same project more than once, but any community, consortia of communities, or combination thereof 

may apply, subsequent to such participation, to participate 

in the program in support of a different project. 

(C) EXCEPTION.—The Secretary may waive the limitation 

under subparagraph (B) related to projects that are the 

same if the Secretary determines that the community or 

consortium spent little or no money on its previous project 

or encountered industry or environmental challenges, due 

to circumstances that were reasonably beyond the control of 

the community or consortium. 

(5) PRIORITIES.—The Secretary shall give priority to communities or consortia of communities where— 

(A) air fares are higher than the average air fares for all 

communities; 

(B) the community or consortium will provide a portion 

of the cost of the activity to be assisted under the program 

from local sources other than airport revenues; 

(C) the community or consortium has established, or will 

establish, a public-private partnership to facilitate air carrier service to the public; 

(D) the assistance will provide material benefits to a 

broad segment of the travelling public, including business, 

educational institutions, and other enterprises, whose access to the national air transportation system is limited; 

(E) the assistance will be used in a timely fashion; and 

(F) multiple communities cooperate to submit a regional 

or multistate application to consolidate air service into one 

regional airport. 

(d) TYPES OF ASSISTANCE.—The Secretary may use amounts 

made available under this section— 


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(1) to provide assistance to an air carrier to subsidize service 

to and from an underserved airport for a period not to exceed 

3 years; 

(2) to provide assistance to an underserved airport to obtain 

service to and from the underserved airport; and 

(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation 

with such airport, considers appropriate to improve air service 

both in terms of the cost of such service to consumers and the 

availability of such service, including improving air service 

through marketing and promotion of air service and enhanced 

utilization of airport facilities. 

(e) AUTHORITY TO MAKE AGREEMENTS.— 

(1) IN GENERAL.—The Secretary may make agreements to 

provide assistance under this section. The Secretary may 

amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and 

may limit the scope of a grant agreement to only the elements 

using grant assistance or to only the elements achieved, if the 

Secretary determines that the amendment is reasonably consistent with the original purpose of the project. 

ø(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $6,000,000 for each of 

fiscal years 2012 through 2015 to carry out this section. Such 

sums shall remain available until expended.¿ 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary $10,000,000 for each of fiscal years 2016 through 2017 to carry out this section. Such 

sums shall remain available until expended. 

(f) ADDITIONAL ACTION.—Under the program established under 

subsection (a), the Secretary shall work with air carriers providing 

service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports to facilitate 

joint-fare arrangements consistent with normal industry practice. 

(g) DESIGNATION OF RESPONSIBLE OFFICIAL.—The Secretary shall 

designate an employee of the Department of Transportation— 

(1) to function as a facilitator between small communities 

and air carriers; 

(2) to carry out this section; 

(3) to ensure that the Bureau of Transportation Statistics 

collects data on passenger information to assess the service 

needs of small communities; 

(4) to work with and coordinate efforts with other Federal, 

State, and local agencies to increase the viability of service to 

small communities and the creation of aviation development 

zones; and 

(5) to provide policy recommendations to the Secretary and 

Congress that will ensure that small communities have access 

to quality, affordable air transportation services. 

(h) AIR SERVICE DEVELOPMENT ZONE.—The Secretary shall designate an airport in the program as an Air Service Development 

Zone and work with the community or consortium on means to attract business to the area surrounding the airport, to develop land 

use options for the area, and provide data, working with the Department of Commerce and other agencies. 


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CHAPTER 419. TRANSPORTATION OF MAIL

§ 41907. Weighing mail 

The United States Postal Service may weigh mail transported by 

aircraft between places in Alaska and make statistical øand-administrative¿ and administrative computations necessary in the interest of mail service. When the Secretary of Transportation decides 

that additional or more frequent weighings of mail are advisable or 

necessary to carry out this part, the Postal Service shall provide 

the weighings, but it is not required to provide them for continuous 

periods of more than 30 days. 

CHAPTER 423. PASSENGER AIR SERVICE IMPROVEMENTS

§ 42302. Consumer complaints 

(a) IN GENERAL.—The Secretary of Transportation shall establish 

a consumer complaints toll-free hotline telephone number for the 

use of passengers in air transportation and shall take actions to notify the public of— 

(1) that telephone number; and 

(2) the Internet Web site of the Aviation Consumer Protection Division of the Department of Transportation. 

(b) POINT OF SALE.—Each air carrier, foreign air carrier, and 

ticket agent shall inform each consumer of a carrier service, at the 

point of sale, that the consumer can file a complaint about that 

service with the carrier and with the Aviation Consumer Protection 

Division of the Department of Transportation. 

øø(b)¿ø(c) NOTICE TO PASSENGERS ON THE INTERNET¿.—An air 

carrier or foreign air carrier providing scheduled air transportation 

using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the Internet 

Web site of the carrier— 

ø(1) the hotline telephone number established under subsection (a); 

ø(2) the e-mail address, telephone number, and mailing address of the air carrier for the submission of complaints by passengers about air travel service problems; and 

ø(3) the Internet Web site and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of complaints by passengers about 

air travel service problems.¿ 

(c) INTERNET WEB SITE OR OTHER ONLINE SERVICE NOTICE.— 

Each air carrier and foreign air carrier shall include on its Internet 

Web site, any related mobile device application, and online service— 

(1) the hotline telephone number established under subsection 

(a) or for the Aviation Consumer Protection Division of the Department of Transportation; 

(2) an active link and the email address, telephone number, 

and mailing address of the air carrier or foreign air carrier, as 

applicable, for a consumer to submit a complaint to the carrier 

about the quality of service; 

(3) notice that the consumer can file a complaint with the 

Aviation Consumer Protection Division of the Department of 

Transportation; 


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(4) an active link to the Internet Web site of the Aviation Consumer Protection Division of the Department of Transportation 

for a consumer to file a complaint; and 

(5) the active link described in paragraph (2) on the same 

Internet Web site page as the active link described in paragraph 

(4). 

ø(c)¿(d) NOTICE TO PASSENGERS ON BOARDING DOCUMENTA- TION.—øAn air carrier or foreign air carrier providing scheduled air 

transportation using any aircraft that as originally designed has a 

passenger capacity of 30 or more passenger seats¿ Each air carrier 

and foreign air carrier shall include the hotline telephone number 

established under subsection (a) on— 

(1) prominently displayed signs of the carrier at the airport 

ticket counters in the United States where the øair carrier¿ 

carrier operates; and 

(2) any electronic confirmation of the purchase of a passenger ticket for air transportation issued by the øair carrier¿ 

carrier. 

SUBPART III. SAFETY

CHAPTER 441. REGISTRATION AND RECORDATION OF AIRCRAFT

§ 44112. Limitation of liability 

(a) DEFINITIONS.—In this section— 

(1) ‘‘lessor’’ means a person leasing for at least 30 days a 

civil aircraft, aircraft engine, or propeller. 

(2) ‘‘owner’’ means a person that owns a civil aircraft, aircraft engine, or propeller. 

(3) ‘‘secured party’’ means a person having a security interest 

in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument. 

(b) LIABILITY.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage øon land or water¿ 

only when a civil aircraft, aircraft engine, or propeller is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or 

damage occurs because of— 

(1) the aircraft, engine, or propeller; or 

(2) the flight of, or an object falling from, the aircraft, engine, 

or propeller. 

CHAPTER 445. FACILITIES, PERSONNEL, AND RESEARCH

§ 44502. General facilities and personnel authority 

* * * * * * * 

(e) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—øAn airport 

may transfer, without consideration, to the Administrator of the 

Federal Aviation Administration an instrument landing system 

(and associated approach lighting equipment and runway visual 

range equipment) that conforms to performance specifications of 

the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was 

used to assist in purchasing the system.¿ An airport may transfer, 

without consideration, to the Administrator of the Federal Aviation 


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Administration an instrument landing system consisting of a glide 

slope and localizer that conforms to performance specifications of 

the Administrator if an airport improvement project grant was used 

to assist in purchasing the system, and if the Federal Aviation Administration has determined that a satellite navigation system cannot provide a suitable approach. The Administrator shall accept the 

system and operate and maintain it under criteria of the Administrator. 

(f) AIRPORT SPACE.— 

(1) RESTRICTION.—The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide 

to the Federal Aviation Administration without cost any of the 

following: 

(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting. 

(B) Space in a facility owned by the airport owner or 

sponsor for services relating to air traffic control, air navigation, or weather reporting. 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection may 

be construed to affect— 

(A) any agreement the Secretary may have or make with 

an airport owner or sponsor for the airport owner or sponsor to provide any of the items described in subparagraph 

(A) or subparagraph (B) of paragraph (1) at below-market 

rates; or 

(B) any grant assurance that requires an airport owner 

or sponsor to provide land to the Administration without 

cost for an air traffic control facility. 

§ 44506. Air traffic controllers 

* * * * * * * 

(e) STAFFING REPORT.—The Administrator of the Federal Aviation Administration shall submit annually to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report containing— 

(1) the staffing standards used to determine the number of 

air traffic controllers needed to operate the air traffic control 

system of the United States; 

(2) a 3-year projection of the number of controllers needed to 

be employed to operate the system to meet the standards; and 

(3) a detailed plan for employing the controllers, including 

projected budget requests. 

(f) HIRING OF CERTAIN AIR TRAFFIC CONTROL SPECIALISTS.— 

(1) CONSIDERATION OF APPLICANTS.— 

(A) ENSURING SELECTION OF MOST QUALIFIED APPLICANTS.—In appointing individuals to the position of air 

traffic controllers, the Administrator shall give preferential 

consideration to qualified individuals maintaining 52 consecutive weeks of air traffic control experience involving the 

full-time active separation of air traffic after receipt of an 

air traffic certification or air traffic control facility rating 

within 5 years of application while serving at— 


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(i) a Federal Aviation Administration air traffic control facility; 

(ii) a civilian or military air traffic control facility of 

the Department of Defense; or 

(iii) a tower operating under contract with the Federal Aviation Administration under section 47124 of 

this title. 

(B) CONSIDERATION OF ADDITIONAL APPLICANTS.—The 

Administrator shall consider additional applicants for the 

position of air traffic controller by referring an approximately equal number of employees for appointment among 

the 2 applicant pools. The number of employees referred for 

consideration from each group shall not differ by more 

than 10 percent. 

(i) POOL ONE.—Applicants who: 

(I) have successfully completed air traffic controller training and graduated from an institution 

participating in the Collegiate Training Initiative 

program maintained under subsection (c)(1) who 

have received from the institution— 

(aa) an appropriate recommendation; or 

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

(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38, 

United States Code, and provide a Certificate of 

Release or Discharge from Active Duty within 120 

days of the announcement closing; 

(III) are eligible veterans (as defined in section 

4211 of title 38, United States Code) maintaining 

aviation experience obtained in the course of the 

individual’s military experience; or 

(IV) are preference eligible veterans (as defined 

in section 2108 of title 5, United States Code). 

(ii) POOL TWO.—Applicants who apply under a vacancy announcement recruiting from all United States 

citizens. 

(2) USE OF BIOGRAPHICAL ASSESSMENTS.— 

(A) BIOGRAPHICAL ASSESSMENTS.—The Administration 

shall not use any biographical assessment when hiring 

under subparagraph (A) or subparagraph (B)(i) of paragraph (1). 

(B) RECONSIDERATION OF APPLICANTS DISQUALIFIED ON

THE BASIS OF BIOGRAPHICAL ASSESSMENTS.— 

(i) IN GENERAL.—If an individual described in subparagraph (A) or subparagraph (B)(i) of paragraph (1) 

who applied for the position of air traffic controller 

with the Administration in response to Vacancy Announcement FAA-AMC-14-ALLSRCE-33537 (issued on 

February 10, 2014) and was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity 


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to reapply as soon as practicable for the position under 

the revised hiring practices. 

(ii) WAIVER OF AGE RESTRICTION.—The Administrator shall waive any maximum age restriction for the 

position of air traffic controller with the Administration that would otherwise disqualify an individual 

from the position if the individual— 

(I) is reapplying for the position pursuant to 

clause (i) on or before December 31, 2017; and 

(II) met the maximum age requirement on the 

date of the individual’s previous application for the 

position during the interim hiring process. 

(3) MAXIMUM ENTRY AGE FOR EXPERIENCED CONTROLLERS.— 

Notwithstanding section 3307 of title 5, United States Code, the 

maximum limit of age for an original appointment to a position 

as an air traffic controller shall be 35 years of age for those 

maintaining 52 weeks of air traffic control experience involving 

the full-time active separation of air traffic after receipt of an 

air traffic certification or air traffic control facility rating in a 

civilian or military air traffic control facility. 

§ 44518. Advanced Materials Center of Excellence 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall continue operation of the Advanced Materials 

Center of Excellence (referred to in this section as the ‘‘Center’’) 

under its structure as in effect on March 1, 2016, which shall focus 

on applied research and training on the durability and maintainability of advanced materials in transport airframe structures. 

(b) RESPONSIBILITIES.—The Center shall— 

(1) promote and facilitate collaboration among academia, the 

Transportation Division of the Federal Aviation Administration, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and 

(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Administrator $500,000 for each of the fiscal 

years 2016 and 2017 to carry out this section. 

CHAPTER 447. SAFETY REGULATION

§ 44701. General requirements 

* * * * * * * 

(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.— 

(1) IN GENERAL.—Notwithstanding the provisions of this 

chapter, the Administrator, pursuant to Article 83 bis of the 

Convention on International Civil Aviation and by a bilateral 

agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and duties with respect to registered aircraft 

under the following articles of the Convention: Article 12 

(Rules of the Air); Article 31 (Certificates of Airworthiness); or 

Article 32a (Licenses of Personnel). 


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(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSIBILITY.— The Administrator relinquishes responsibility with respect to 

the functions and duties transferred by the Administrator as 

specified in the bilateral agreement, under the Articles listed 

in paragraph (1) for United States-registered aircraft described 

in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad and described in paragraph 

(4)(B) that are transferred to the United States. 

(3) CONDITIONS.—The Administrator may predicate, in the 

agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems necessary 

and prudent, except that the Administrator may not transfer 

responsibilities for United States registered aircraft described 

in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation. 

(4) REGISTERED AIRCRAFT DEFINED.—In this subsection, the 

term ‘‘registered aircraft’’ means— 

(A) aircraft registered in the United States and operated 

pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an 

operator that has its principal place of business or, if it 

has no such place of business, its permanent residence in 

another country; and 

(B) aircraft registered in a foreign country and operated 

under an agreement for the lease, charter, or interchange 

of the aircraft or any similar arrangement by an operator 

that has its principal place of business or, if it has no such 

place of business, its permanent residence in the United 

States. 

(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

(A) ACCEPTANCE.—The Administrator shall accept an 

airworthiness directive (as defined in section 39.3 of title 

14, Code of Federal Regulations) issued by an aeronautical 

safety authority of a foreign country, and leverage that 

aeronautical safety authority’s regulatory process, if— 

(i) the country is the state of design for the product 

that is the subject of the airworthiness directive; 

(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country; 

(iii) as part of the bilateral safety agreement with the 

country, the Administrator has determined that the 

aeronautical safety authority has an aircraft certification system relating to safety that produces a level of 

safety equivalent to the level produced by the system of 

the Federal Aviation Administration; and 

(iv) the aeronautical safety authority utilizes an open 

and transparent public notice and comment process in 

the issuance of airworthiness directives. 

(B) ALTERNATIVE APPROVAL PROCESS.—Notwithstanding 

subparagraph (A), the Administrator may issue a Federal 

Aviation Administration airworthiness directive instead of 

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istrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique 

features of the Federal Aviation Administration airworthiness directive or the United States aviation system. 

(C) ALTERNATIVE MEANS OF COMPLIANCE.—The Administrator may— 

(i) accept an alternative means of compliance, with 

respect to an airworthiness directive under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or 

(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive under that subparagraph, the Administrator may 

approve an alternative means of compliance with respect to the airworthiness directive. 

(f) EXEMPTIONS.—The Administrator may grant an exemption 

from a requirement of a regulation prescribed under subsection (a) 

or (b) of this section or any of sections 44702-44716 of this title if 

the Administrator finds the exemption is in the public interest. 

§ 44703. Airman certificates 

* * * * * * * 

(i) FAA PILOT RECORDS DATABASE.— (1) IN GENERAL.—Before allowing an individual to begin 

service as a pilot, an air carrier shall access and evaluate, in 

accordance with the requirements of this subsection, information pertaining to the individual from the pilot records database established under paragraph (2). 

(2) PILOT RECORDS DATABASE.—øThe Administrator shall establish¿ Not later than April 30, 2017, the Administrator shall 

establish and make available for use an electronic database (in 

this subsection referred to as the ‘‘database’’) containing the 

following records: 

(A) FAA RECORDS.—From the Administrator— 

(i) records that are maintained by the Administrator 

concerning current airman certificates, including airman medical certificates and associated type ratings 

and information on any limitations to those certificates and ratings; 

(ii) records that are maintained by the Administrator concerning any failed attempt of an individual 

to pass a practical test required to obtain a certificate 

or type rating under part 61 of title 14, Code of Federal Regulations; and 

(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of 

this title or a regulation prescribed or order issued 

under this title that was not subsequently overturned. 

(B) AIR CARRIER AND OTHER RECORDS.—From any air 

carrier or other person (except a branch of the Armed 

Forces, the National Guard, or a reserve component of the 

Armed Forces) that has employed an individual as a pilot 

of a civil or public aircraft, or from the trustee in bankruptcy for the air carrier or person— 


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(i) records pertaining to the individual that are 

maintained by the air carrier (other than records relating to flight time, duty time, or rest time) or person, 

including records under regulations set forth in— 

(I) section 121.683 of title 14, Code of Federal 

Regulations; 

(II) section 121.111(a) of such title; 

(III) section 121.219(a) of such title; 

(IV) section 125.401 of such title; and 

(V) section 135.63(a)(4) of such title; and 

(ii) other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning— 

(I) the training, qualifications, proficiency, or 

professional competence of the individual, including comments and evaluations made by a check 

airman designated in accordance with section 

121.411, 125.295, or 135.337 of such title; 

(II) any disciplinary action taken with respect to 

the individual that was not subsequently overturned; and 

(III) any release from employment or resignation, termination, or disqualification with respect 

to employment. 

(C) NATIONAL DRIVER REGISTER RECORDS.—In accordance 

with section 30305(b)(8) of this title, from the chief driver 

licensing official of a State, information concerning the 

motor vehicle driving record of the individual. 

* * * * * * * 

§ 44704. Type certificates, production certificates, øairworthiness certificates,,¿ airworthiness certificates, 

and design and production organization certificates 

(a) TYPE CERTIFICATES.— (1) ISSUANCE, INVESTIGATIONS, AND TESTS.—The Administrator of the Federal Aviation Administration shall issue a type 

certificate for an aircraft, aircraft engine, or propeller, or for an 

appliance specified under paragraph (2)(A) of this subsection 

when the Administrator finds that the aircraft, aircraft engine, 

propeller, or appliance is properly designed and manufactured, 

performs properly, and meets the regulations and minimum 

standards prescribed under section 44701(a) of this title. On 

receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a 

hearing. The Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in 

the interest of safety. 

(2) SPECIFICATIONS.—The Administrator may— 

(A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety; 

(B) include in a type certificate terms required in the interest of safety; and 

(C) record on the certificate a numerical specification of 

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craft, aircraft engine, or propeller for which the certificate 

is issued. 

(3) SPECIAL RULES FOR NEW AIRCRAFT AND APPLIANCES.—Except as provided in paragraph (4), if the holder of a type certificate agrees to permit another person to use the certificate to 

manufacture a new aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written 

evidence, in a form acceptable to the Administrator, of that 

agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type 

certificate only if such other person is the holder of the type 

certificate or has permission from the holder. 

(4) LIMITATION FOR AIRCRAFT MANUFACTURED BEFORE AUGUST 5, 2004.—Paragraph (3) shall not apply to a person who 

began the manufacture of an aircraft before August 5, 2004, 

and who demonstrates to the satisfaction of the Administrator 

that such manufacture began before August 5, 2004, if the 

name of the holder of the type certificate for the aircraft does 

not appear on the airworthiness certificate or identification 

plate of the aircraft. The holder of the type certificate for the 

aircraft shall not be responsible for the continued airworthiness of the aircraft. A person may invoke the exception provided by this paragraph with regard to the manufacture of only 

one aircraft. 

(5) RELEASE OF DATA.— (A) IN GENERAL.—Notwithstanding any other provision 

of law, the Administrator may make available upon request, to a person seeking to maintain the airworthiness 

or develop product improvements of an aircraft, engine, 

propeller, or appliance, engineering data in the possession 

of the Administration relating to a type certificate or a 

supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of 

record, if the Administrator determines that— 

(i) the certificate containing the requested data has 

been inactive for 3 or more years, except that the Administrator may reduce this time if required to address an unsafe condition associated with the product; 

(ii) after using due diligence, the Administrator is 

unable to find the owner of record, or the owner of 

record’s heir, of the type certificate or supplemental 

type certificate; and 

(iii) making such data available will enhance aviation safety. 

(B) ENGINEERING DATA DEFINED.—In this section, the 

term ‘‘engineering data’’ as used with respect to an aircraft, engine, propeller, or appliance means type design 

drawing and specifications for the entire aircraft, engine, 

propeller, or appliance or change to the aircraft, engine, 

propeller, or appliance, including the original design data, 

and any associated supplier data for individual parts or 

components approved as part of the particular certificate 

for the aircraft, engine, propeller, or appliance. 

(C) REQUIREMENT TO MAINTAIN DATA.—The Administrator shall maintain engineering data in the possession of 


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the Administration relating to a type certificate or a supplemental type certificate that has been inactive for 3 or 

more years. 

(6) TYPE CERTIFICATION RESOLUTION PROCESS.— (A) IN GENERAL.—Not later than 15 months after the 

date of enactment of Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall establish 

an effective, expeditious, and milestone-based issue resolution process for type certification activities under this subsection. 

(B) PROCESS REQUIREMENTS.—The resolution process 

shall provide for— 

(i) the resolution of technical issues at pre-established stages of the certification process, as agreed to 

by the Administrator and the type certificate applicant; 

(ii) the automatic escalation to appropriate management personnel of the Federal Aviation Administration 

and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the 

Administrator and the type certificate applicant; and 

(iii) the resolution of a major certification process 

milestone escalated under clause (ii) within a specific 

period of time agreed to by the Administrator and the 

type certificate applicant. 

(C) DEFINITION OF MAJOR CERTIFICATION PROCESS MILE- STONE.—In this paragraph, the term ‘‘major certification 

process milestone’’ means a milestone related to a type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification 

activity agreed to by the Administrator and the type certificate applicant. 

* * * * * * * 

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

(a) REINSPECTION AND REEXAMINATION.—øThe Administrator¿ 

(1) IN GENERAL.—The Administrator of the Federal Aviation 

Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or 

øreexamine¿, except as provided in paragraph (2), reexamine 

an airman holding a certificate issued under section 44703 of 

this title. 

(2) LIMITATION ON THE REEXAMINATION OF AIRMAN CERTIFI- CATES.— 

(A) IN GENERAL.—The Administrator may not reexamine 

an airman holding a student, sport, recreational, or private 

pilot certificate issued under section 44703 of this title if 

the reexamination is ordered as a result of an event involving the fault of the Federal Aviation Administration or its 

designee, unless the Administrator has reasonable 

grounds— 

(i) to establish that the airman may not be qualified 

to exercise the privileges of a particular certificate or 


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rating, based upon an act or omission committed by 

the airman while exercising those privileges, after the 

certificate or rating was issued by the Federal Aviation 

Administration or its designee; or 

(ii) to demonstrate that the airman obtained the certificate or the rating through fraudulent means or 

through an examination that was substantially and demonstrably inadequate to establish the airman’s qualifications. 

(B) NOTIFICATION REQUIREMENTS.—Before taking any action to reexamine an airman under subparagraph (A), the 

Administrator shall provide to the airman— 

(i) a reasonable basis, described in detail, for requesting the reexamination; and 

(ii) any information gathered by the Federal Aviation 

Administration, that the Administrator determines is 

appropriate to provide, such as the scope and nature of 

the requested reexamination, that formed the basis for 

that justification. 

(b) ACTIONS OF THE ADMINISTRATOR.—øThe Administrator¿ 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Administrator may issue an order amending, modifying, suspending, or revoking— 

ø(1)¿(A) any part of a certificate issued under this chapter if— 

ø(A)¿(i) the Administrator decides after conducting a 

reinspection, reexamination, or other investigation 

that safety in air commerce or air transportation and 

the public interest require that action; or 

ø(B)¿(ii) the holder of the certificate has violated an 

aircraft noise or sonic boom standard or regulation 

prescribed under section 44715(a) of this title; and 

ø(2)¿(B) an airman certificate when the holder of the 

certificate is convicted of violating section 13(a) of the Fish 

and Wildlife Act of 1956 (16 U.S.C. 742j-1(a)). 

(2) AMENDMENTS, MODIFICATIONS, SUSPENSIONS, AND REV- OCATIONS OF AIRMAN CERTIFICATES AFTER REEXAMINATION.— (A) IN GENERAL.—The Administrator may not issue an 

order to amend, modify, suspend, or revoke an airman certificate held by a student, sport, recreational, or private 

pilot and issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the 

Administrator determines that the airman— 

(i) lacks the technical skills and competency, or care, 

judgment, and responsibility, necessary to hold and 

safely exercise the privileges of the certificate; or 

(ii) materially contributed to the issuance of the certificate by fraudulent means. 

(B) STANDARD OF REVIEW.—Any order of the Administrator under this paragraph shall be subject to the standard of review provided for under section 2 of the Pilot’s Bill 

of Rights (49 U.S.C. 44703 note). 

(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER.—Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges 


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or other reasons on which the Administrator relies for the proposed 

action. Except in an emergency, the Administrator shall provide 

the holder an opportunity to answer the charges and be heard why 

the certificate should not be amended, modified, suspended, or revoked. 

(d) APPEALS.— (1) A person adversely affected by an order of the Administrator under this section may appeal the order to the National 

Transportation Safety Board. After notice and an opportunity 

for a hearing, the Board may amend, modify, or reverse the 

order when the Board finds— 

(A) if the order was issued under øsubsection (b)(1)(A)¿ 

subsection (b)(1)(A)(i) of this section, that safety in air commerce or air transportation and the public interest do not 

require affirmation of the order; or 

(B) if the order was issued under øsubsection (b)(1)(B)¿ 

subsection (b)(1)(A)(ii) of this section— 

(i) that control or abatement of aircraft noise or 

sonic boom and the public health and welfare do not 

require affirmation of the order; or 

(ii) the order, as it is related to a violation of aircraft 

noise or sonic boom standards and regulations, is not 

consistent with safety in air commerce or air transportation. 

(2) The Board may modify a suspension or revocation of a 

certificate to imposition of a civil penalty. 

(3) When conducting a hearing under this subsection, the 

Board is not bound by findings of fact of the Administrator. 

* * * 

§ 44718. Structures interfering with air commerce 

(a) NOTICE.—By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate 

public notice, in the form and way the Secretary prescribes, of the 

construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a 

structure or sanitary landfill when the notice will promote— 

(1) safety in air commerce; and 

(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports. 

(b) STUDIES.— 

(1) Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace or an interference with øair navigation facilities and equipment¿ air or 

space navigation facilities and equipment or the navigable airspace, the Secretary shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient 

use of the airspace, facilities, or equipment. In conducting the 

study, the Secretary shall consider factors relevant to the efficient and effective use of the navigable airspace, including— 

(A) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; 

(B) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules; 


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(C) the impact on existing public-use airports and aeronautical facilities; 

(D) the impact on planned public-use airports and aeronautical facilities; øand¿ 

(E) the cumulative impact resulting from the proposed 

construction or alteration of a structure when combined 

with the impact of other existing or proposed 

structuresø.¿; and 

(F) the impact on launch and reentry for launch and reentry vehicles arriving or departing from a launch site or 

reentry site licensed by the Secretary. 

(2) On completing the study, the Secretary shall issue a report disclosing completely the extent of the adverse impact on 

the safe and efficient use of the navigable airspace that the 

Secretary finds will result from constructing or altering the 

structure. * * * 

§ 44728. Flight attendant certification 

(c) DESIGNATION OF PERSON TO DETERMINE SUCCESSFUL COMPLETION OF TRAINING.—In accordance with part 183 of øchapter¿ title 

14, Code of Federal Regulation, the director of operations of an air 

carrier is designated to determine that an individual has successfully completed the training requirements approved by the Administrator for such individual to serve as a flight attendant. 

(d) SPECIFICATIONS RELATING TO CERTIFICATES.—Each certificate 

issued under this section shall— 

(1) be numbered and recorded by the Administrator; 

(2) contain the name, address, and description of the individual to whom the certificate is issued; 

(3) øis¿ be similar in size and appearance to certificates 

issued to airmen; 

(4) contain the airplane group for which the certificate is 

issued; and 

(5) be issued not later than 120 days after the Administrator 

receives notification from the air carrier of demonstrated proficiency and, in the case of an individual serving as flight attendant on the effective date of this section, not later than 1 

year after such effective date. * * * 

§ 44731. Collection of data on helicopter air ambulance operations 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing 

helicopter air ambulance services to submit to the Administrator, 

ønot later than 1 year after the date of enactment of this section, 

and annually thereafter¿ annually, a report containing, at a minimum, the following data: 

(1) The number of helicopters that the certificate holder uses 

to provide helicopter air ambulance services and the base locations of the helicopters. 

(2) The number of øflights and hours flown, by registration 

number, during which helicopters operated by the certificate 

holder were providing helicopter air ambulance services¿ hours 

flown by the helicopters operated by the certificate holder. 


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(3) The number øof flight¿ of patients transported and the 

number of patient transport requests for a helicopter providing 

air ambulance services that were accepted or declined by the 

certificate holder and the type of each such flight request (such 

as scene response, interfacility transport, or organ transportø, 

or ferry or repositioning flight¿). 

(4) The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance 

services and a description of the accidents. 

(5) The number of øflights and¿ hours flown under instrument flight rules by helicopters operated by the certificate 

holder øwhile providing air ambulance services¿. 

ø(6) The time of day of each flight flown by helicopters operated by the certificate holder while providing air ambulance 

services.¿ 

(6) The number of hours flown at night by helicopters operated by the certificate holder. 

(7) The number of incidents, if any, in which a helicopter 

was not directly dispatched and arrived to transport patients 

but was not utilized for patient transport. 

(b) REPORTING PERIOD.—Data contained in a report submitted by 

a part 135 certificate holder under subsection (a) shall relate to 

such reporting period as the Administrator determines appropriate. 

(c) DATABASE.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to 

collect and store the data collected under subsection (a), including 

a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section. 

(d) REPORT TO CONGRESS.—øNot later than 2 years after the date 

of enactment of this section, and annually thereafter, the Administrator shall submit¿ The Administrator shall submit annually to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report containing a summary of the 

data collected under subsection (a). The report shall include the 

number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air 

ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance services. 

(e) IMPLEMENTATION.—In carrying out this section, the Administrator, in collaboration with part 135 certificate holders providing 

helicopter air ambulance services, shall— 

(1) propose and develop a method to collect and store the data 

submitted under subsection (a), including a method to protect 

the confidentiality of any trade secret or proprietary information submitted; and 

(2) ensure that the database under subsection (c) and the report under subsection (d) include data and analysis that will 

best inform efforts to improve the safety of helicopter air ambulance operations. 

ø(e)¿(f) DEFINITIONS.—In this section, the terms ‘‘part 135’’ and 

‘‘part 135 certificate holder’’ have the meanings given such terms 

in section 44730. 


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§ 44733. Inspection of repair stations located outside the 

United States 

* * * * * * * 

(f) RISK-BASED OVERSIGHT.— (1) IN GENERAL.—Not later than 90 days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall take measures to ensure that the safety assessment system established under subsection (a)— 

(A) places particular consideration on inspections of part 

145 repair stations located outside the United States that 

conduct scheduled heavy maintenance work on part 121 air 

carrier aircraft; and 

(B) accounts for the frequency and seriousness of any corrective actions that part 121 air carriers must implement to 

aircraft following such work at such repair stations. 

(2) INTERNATIONAL AGREEMENTS.—The Administrator shall 

take the measures required under paragraph (1)— 

(A) in accordance with the United States obligations 

under applicable international agreements; and 

(B) in a manner consistent with the applicable laws of 

the country in which a repair station is located. 

(3) ACCESS TO DATA.—The Administrator may access and review such information or data in the possession of a part 121 

air carrier as the Administrator may require in carrying out 

paragraph (1)(B). 

ø(f)¿(g) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) HEAVY MAINTENANCE WORK.—The term ‘‘heavy maintenance work’’ means a C-check, a D-check, or equivalent maintenance operation with respect to the airframe of a transport-category aircraft. 

ø(1)¿(2) PART 121 AIR CARRIER.—The term ‘‘part 121 air carrier’’ means an air carrier that holds a certificate issued under 

part 121 of title 14, Code of Federal Regulations. 

ø(2)¿(3) PART 145 REPAIR STATION.—The term ‘‘part 145 repair station’’ means a repair station that holds a certificate 

issued under part 145 of title 14, Code of Federal Regulations. 

§ 44736. Organization designation authorizations 

(a) DELEGATIONS OF FUNCTIONS.— (1) IN GENERAL.—Except as provided in paragraph (3), in the 

oversight of an ODA holder, the Administrator of the Federal 

Aviation Administration, in accordance with Federal Aviation 

Administration standards, shall— 

(A) require, based on an application submitted by the 

ODA holder and approved by the Administrator (or the Administrator’s designee), a procedures manual that addresses all procedures and limitations regarding the specified 

functions to be performed by the ODA holder subject to regulations prescribed by the Administrator; 

(B) delegate fully to the ODA holder each of the functions 

specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a 

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lic interest and safety of air commerce requires a limitation 

with respect to 1 or more of the functions; and 

(C) conduct oversight activities, including by inspecting 

the ODA holder’s delegated functions and taking action 

based on validated inspection findings. 

(2) DUTIES OF ODA HOLDERS.—An ODA holder shall— 

(A) perform each specified function delegated to the ODA 

holder in accordance with the approved procedures manual 

for the delegation; 

(B) make the procedures manual available to each member of the appropriate ODA unit; and 

(C) cooperate fully with oversight activities conducted by 

the Administrator in connection with the delegation. 

(3) EXISTING ODA HOLDERS.—With regard to an ODA holder 

operating under a procedures manual approved by the Administrator before the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator 

shall— 

(A) at the request of the ODA holder, and in an expeditious manner, consider revisions to the ODA holder’s procedures manual; 

(B) delegate fully to the ODA holder each of the functions 

specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a 

result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation 

with respect to 1 or more of the functions; and 

(C) conduct oversight activities, including by inspecting 

the ODA holder’s delegated functions and taking action 

based on validated inspection findings. 

(b) ODA OFFICE.— 

(1) ESTABLISHMENT.—Not later than 120 days after the date 

of enactment of Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall identify, within the 

Office of Aviation Safety, a centralized policy office to be responsible for the organization designation authorization (referred to 

in this subsection as the ODA Office). The Director of the ODA 

Office shall report to the Director of the Aircraft Certification 

Service. 

(2) PURPOSE.—The purpose of the ODA Office shall be to provide oversight and ensure consistency of the Federal Aviation 

Administration audit functions under the ODA program across 

the agency. 

(3) FUNCTIONS.—The ODA Office shall— 

(A)(i) at the request of an ODA holder, eliminate all limitations specified in a procedures manual in place on the 

date of enactment of the Federal Aviation Administration 

Reauthorization Act of 2016 that are low and medium risk 

as determined by a risk analysis using criteria established 

by the ODA Office and disclosed to the ODA holder, except 

where an ODA holder’s performance warrants the retention 

of a specific limitation due to documented concerns about 

inadequate current performance in carrying out that authorized function; 


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(ii) require an ODA holder to establish a corrective action 

plan to regain authority for any retained limitations; 

(iii) require an ODA holder to notify the ODA Office 

when all corrective actions have been accomplished; 

(iv) make a reassessment to determine if subsequent performance in carrying out any retained limitation warrants 

continued retention and, if such reassessment determines 

performance meets objectives, lift such limitation immediately; 

(B) improve the Administration and the ODA holder performance and ensure full use of the authorities delegated 

under the ODA program; 

(C) develop a more consistent approach to audit priorities, procedures, and training under the ODA program; 

(D) expeditiously review a random sample of limitations 

on delegated authorities under the ODA program to determine if the limitations are appropriate; 

(E) review and approve new limitations to ODA functions; and 

(F) ensure national consistency in the interpretation and 

application of the requirements of the ODA program, including any limitations, and in the performance of the 

ODA program. 

(c) DEFINITIONS.—In this section: 

(1) ODA OR ORGANIZATION DESIGNATION AUTHORIZATION.— 

The term ‘‘ODA’’ or ‘‘organization designation authorization’’ 

means an authorization under section 44702(d) to perform approved functions on behalf of the Administrator of the Federal 

Aviation Administration under subpart D of part 183 of title 

14, Code of Federal Regulations. 

(2) ODA HOLDER.—The term ‘‘ODA holder’’ means an entity 

authorized under section 44702(d)— 

(A) to which the Administrator of the Federal Aviation 

Administration issues an ODA letter of designation under 

subpart D of part 183 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling); 

and 

(B) that is responsible for administering 1 or more ODA 

units. 

(3) ODA PROGRAM.—The term ‘‘ODA program’’ means the 

program to standardize Federal Aviation Administration management and oversight of the organizations that are approved 

to perform certain functions on behalf of the Administration 

under section 44702(d). 

(4) ODA UNIT.—The term ‘‘ODA unit’’ means a group of 2 or 

more individuals under the supervision of an ODA holder who 

perform the specified functions under an ODA. 

(5) ORGANIZATION.—The term ‘‘organization’’ means a firm, a 

partnership, a corporation, a company, an association, a jointstock association, or a governmental entity. 

CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS 

§ 44801. Definitions 

In this chapter— 


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(1) ‘‘appropriate committees of Congress’’ means the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives. 

(2) ‘‘Arctic’’ means the United States zone of the Chukchi Sea, 

Beaufort Sea, and Bering Sea north of the Aleutian chain. 

(3) ‘‘certificate of waiver’’ and ‘‘certificate of authorization’’ 

mean a Federal Aviation Administration grant of approval for 

a specific flight operation. 

(4) ‘‘permanent areas’’ means areas on land or water that provide for launch, recovery, and operation of small unmanned 

aircraft. 

(5) ‘‘public unmanned aircraft system’’ means an unmanned 

aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 

40102(a)). 

(6) ‘‘sense and avoid capability’’ means the capability of an 

unmanned aircraft to remain a safe distance from and to avoid 

collisions with other airborne aircraft. 

(7) ‘‘small unmanned aircraft’’ means an unmanned aircraft 

weighing less than 55 pounds, including the weight of anything 

attached to or carried by the aircraft. 

(8) ‘‘test range’’ means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration. 

(9) ‘‘test site’’ means any of the 6 test ranges established by 

the Administrator of the Federal Aviation Administration under 

section 332(c) of the FAA Modernization and Reform Act of 

2012 (49 U.S.C. 40101 note), as in effect on the day before the 

date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, and any public entity authorized by the 

Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009. 

(10) ‘‘unmanned aircraft’’ means an aircraft that is operated 

without the possibility of direct human intervention from within 

or on the aircraft. 

(11) ‘‘unmanned aircraft system’’ means an unmanned aircraft and associated elements (including communication links 

and the components that control the unmanned aircraft) that 

are required for the operator to operate safely and efficiently in 

the national airspace system. 

§ 44802. Unmanned aircraft system test sites 

(a)(1) IN GENERAL.—The Administrator of the Federal Aviation 

Administration shall establish and update, as appropriate, a program for the use of the 6 test sites established under section 332(c) 

of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 

note), and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009, to facilitate the safe integration of unmanned 

aircraft systems into the national airspace system. 

(2) TERMINATION.—The program shall terminate on September 

30, 2017. 

(b) PROGRAM REQUIREMENTS.—In establishing the program under 

subsection (a), the Administrator shall— 


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(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system; 

(2) develop operational standards and air traffic requirements for unmanned flight operations at test sites, including 

test ranges; 

(3) coordinate with and leverage the resources of the National 

Aeronautics and Space Administration and the Department of 

Defense; 

(4) address both civil and public unmanned aircraft systems; 

(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System; 

(6) provide for verification of the safety of unmanned aircraft 

systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system; 

(7) engage each test site operator in projects for research, development, testing, and evaluation of unmanned aircraft systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft 

into the national airspace system, which may include solutions 

for— 

(A) developing and enforcing geographic and altitude 

limitations; 

(B) classifications of airspace where manufacturers must 

prevent flight of an unmanned aircraft system; 

(C) classifications of airspace where manufacturers of unmanned aircraft systems must alert the operator to hazards 

or limitations on flight; 

(D) sense and avoid capabilities; 

(E) beyond-line-of-sight, nighttime operations and unmanned traffic management, or other critical research priorities; and 

(F) improving privacy protections through the use of advances in unmanned aircraft systems technology; 

(8) coordinate periodically with all test site operators to ensure test site operators know which data should be collected, 

what procedures should be followed, and what research would 

advance efforts to safely integrate unmanned aircraft systems 

into the national airspace system; 

(9) allow a test site to develop multiple test ranges within the 

test site; 

(10) streamline the approval process for test sites when processing unmanned aircraft certificates of waiver or authorization 

for operations at the test sites; 

(11) require each test site operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test site without the need to obtain 

an experimental or special airworthiness certificate; 

(12) evaluate options for the operation of 1 or more small unmanned aircraft systems beyond the visual line of sight of the 

operator for testing under controlled conditions that ensure the 

safety of persons and property, including on the ground; and 

(13) allow test site operators to receive Federal funding, other 

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kind contributions, from test site participants in the furtherance 

of research, development, and testing objectives. 

(c) TEST SITE LOCATIONS.—In determining the location of a test 

site under subsection (a), the Administrator shall— 

(1) take into consideration geographic and climatic diversity; 

(2) take into consideration the location of ground infrastructure and research needs; and 

(3) consult with the Administrator of the National Aeronautics and Space Administration and the Secretary of Defense. 

(d) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall submit to the appropriate committees of Congress a report on the establishment and 

implementation of the program under subsection (a). 

(2) BRIEFINGS.—Beginning 180 days after the date of enactment of the Federal Aviation Administration Reauthorization 

Act of 2016, and every 180 days thereafter until September 30, 

2017, the Administrator shall provide to the appropriate committees of Congress a briefing that includes— 

(A) a current summary of unmanned aircraft systems operations at the test sites since the last briefing to Congress; 

(B) a description of all of the data generated from the operations described in subparagraph (A), and shared with 

the Federal Aviation Administration through a cooperative 

research and development agreement authorized in section 

2123 of the Federal Aviation Administration Reauthorization Act of 2016, that relate to unmanned aircraft systems 

research priorities, including beyond-line-of-sight, unmanned traffic management, nighttime operations, and 

sense and avoid technology; 

(C) a description of how the data described in subparagraph (B) will be or is used— 

(i) to advance Federal Aviation Administration priorities; 

(ii) to validate the safety of unmanned aircraft systems and related technology; and 

(iii) to inform future rulemaking related to the integration of unmanned aircraft systems into the national 

airspace; 

(D) an evaluation of the activities and specific outcomes 

from activities at the test sites that support the safe integration of unmanned aircraft systems under this chapter; and 

(E) recommendations for future Federal Aviation Administration test site operations that would generate data necessary to inform future rulemaking related to unmanned 

aircraft systems. 

(e) REVIEW OF OPERATIONS BY TEST SITE OPERATORS.—The operator of each test site under subsection (a) shall— 

(1) review the operations of unmanned aircraft systems conducted at the test site, including— 

(A) ongoing or completed research; and 

(B) data regarding operations by private and public operators; and 


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(2) submit to the Administrator, in such form and manner as 

specified by the Administrator, the results of the review, including recommendations to further enable private research and development operations at the test sites that contribute to the Federal Aviation Administration’s safe integration of unmanned 

aircraft systems into the national airspace system, on a quarterly basis until the program terminates. 

(f) TESTING.—The Secretary may authorize an operator of a test 

site described in subsection (a) to administer testing requirements 

established by the Administrator for unmanned aircraft systems operations.. 

§ 44803. Aircraft safety standards 

(a) CONSENSUS AIRCRAFT SAFETY STANDARDS.—Not later than 60 

days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Director of the National Institute of Standards and Technology and the Administrator of the 

Federal Aviation Administration, in consultation with government 

and industry stakeholders and appropriate standards-setting organizations, shall initiate a collaborative process to develop riskbased, consensus industry airworthiness standards related to the 

safe integration of small unmanned aircraft systems into the national airspace system. 

(b) CONSIDERATIONS.—In developing the consensus aircraft safety 

standards, the Director and Administrator shall consider the following: 

(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities. 

(2) Using performance-based standards. 

(3) Predetermined action to maintain safety in the event that 

a communications link between a small unmanned aircraft and 

its operator is lost or compromised. 

(4) Detectability and identifiability to pilots, the Federal 

Aviation Administration, and air traffic controllers, as appropriate. 

(5) Means to prevent tampering with or modification of any 

system, limitation, or other safety mechanism or standard 

under this section or any other provision of law, including a 

means to identify any tampering or modification that has been 

made. 

(6) Consensus identification standards under section 2105. 

(7) How to update or modify a small unmanned aircraft system that was commercially distributed prior to the development 

of the consensus aircraft safety standards so that, to the greatest extent practicable, such systems meet the consensus aircraft 

safety standards. 

(8) Any technology or standard related to small unmanned 

aircraft systems that promotes aviation safety. 

(c) CONSULTATION.—In developing the consensus aircraft safety 

standards under subsection (a), the Director and Administrator 

shall consult with— 

(1) the Administrator of the National Aeronautics and Space 

Administration; 

(2) the President of RTCA, Inc.; 

(3) the Secretary of Defense; 


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(4) each operator of a test site under section 44802; 

(5) the Center of Excellence for Unmanned Aircraft Systems; 

(6) unmanned aircraft systems stakeholders; and 

(7) community-based aviation organizations. 

(d) FAA APPROVAL.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 

2016, the Administrator of the Federal Aviation Administration 

shall establish a process for the approval of small unmanned aircraft systems make and models based upon the consensus aircraft 

safety standards developed under subsection (a). The consensus aircraft safety standards developed under subsection (a) shall allow 

the Administrator to approve small unmanned aircraft systems for 

operation within the national airspace system without requiring the 

type certification process in parts 21 and 23 of the Code of Federal 

Regulations. 

(e) ELIGIBILITY.—The consensus aircraft safety standards for approval of small unmanned aircraft systems developed under this 

section shall set eligibility requirements for an airworthiness approval of a small unmanned aircraft system which shall include the 

following: 

(1) An applicant must provide the Federal Aviation Administration with— 

(A) the aircraft’s operating instructions; and 

(B) the manufacturer’s statement of compliance as described in subsection (f) of this section. 

(2) A sample aircraft must be inspected by the Federal Aviation Administration and found to be in a condition for safe operation and in compliance with the consensus aircraft safety 

standards required by the Administrator in subsection (d). 

(f) MANUFACTURER’S STATEMENT OF COMPLIANCE FOR SMALL

UAS.—The manufacturer’s statement of compliance shall— 

(1) identify the aircraft make and model, and consensus aircraft safety standard used; 

(2) state that the aircraft make and model meets the provisions of the standard identified in paragraph (1); 

(3) state that the aircraft make and model conforms to the 

manufacturer’s design data, using the manufacturer’s quality 

assurance system that meets the identified consensus standard 

adopted by the Administrator in subsection (d), and is manufactured in way that ensures consistency in the production process so that every unit produced meets the applicable consensus 

aircraft safety standards; 

(4) state that the manufacturer will make available to any interested person— 

(A) the aircraft’s operating instructions, that meet the 

standard identified in paragraph (1); and 

(B) the aircraft’s maintenance and inspection procedures, 

that meet the standard identified in paragraph (1); 

(5) state that the manufacturer will monitor and correct safety-of-flight issues through a continued airworthiness system 

that meets the standard identified in paragraph (1); 

(6) state that at the request of the Administration, the manufacturer will provide access by the Administration to its facilities; and 


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(7) state that the manufacturer, in accordance with a production acceptance test procedure that meets an applicable consensus aircraft safety standard has— 

(A) ground and flight tested random samples of the aircraft; 

(B) found the sample aircraft performance acceptable; 

and 

(C) determined that the make and model of aircraft is 

suitable for safe operation. 

(g) PROHIBITION.—It shall be unlawful for any person to introduce 

or deliver for introduction into interstate commerce any unmanned 

aircraft manufactured after the date that the Administrator adopts 

consensus aircraft safety standards under this section, unless the 

manufacturer has received approval under subsection (d) for each 

make and model. 

§ 44804. Unmanned aircraft systems in the arctic 

(a) IN GENERAL.—The Secretary of Transportation shall develop 

a plan and initiate a process to work with relevant Federal agencies 

and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes. 

(b) PLAN CONTENTS.—The plan under subsection (a) shall include 

the development of processes to facilitate the safe operation of unmanned aircraft beyond line of sight. 

(c) REQUIREMENTS.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at 

least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. 

(d) AGREEMENTS.—To implement the plan under subsection (a), 

the Secretary may enter into an agreement with relevant national 

and international communities. 

(e) AIRCRAFT APPROVAL.—Not later than 1 year after the entry 

into force of an agreement necessary to effectuate the purposes of 

this section, the Secretary shall work with relevant national and 

international communities to establish and implement a process, or 

may apply an applicable process already established, for approving 

the use of unmanned aircraft in the designated permanent areas in 

the Arctic without regard to whether an unmanned aircraft is used 

as a public aircraft, a civil aircraft, or a model aircraft. 

§ 44805. Special authority for certain unmanned aircraft systems 

(a) IN GENERAL.—Notwithstanding any other requirement of this 

chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 

332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 

40101 note) or the guidance required by section 44807. 

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making 

the determination under subsection (a), the Secretary shall determine, at a minimum— 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proxVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00130 Fmt 6659 Sfmt 6603 E:\HR\OC\SR428.XXX SR428

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imity to airports and populated areas, and operation within or 

beyond visual line of sight, or operation during the day or 

night, do not create a hazard to users of the national airspace 

system or the public; and 

(2) whether a certificate under section 44703 or section 44704 

of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems 

identified under paragraph (1) of this subsection. 

(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines under this section that certain unmanned aircraft systems 

may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft 

systems in the national airspace system, including operation related 

to research, development, and testing of proprietary systems. 

(d) PILOT CERTIFICATION EXEMPTION.—If the Secretary proposes, 

under this section, to require an operator of an unmanned aircraft 

system to hold an airman certificate, a medical certificate, or to 

have a minimum number of hours operating a manned aircraft, the 

Secretary shall set forth the reasoning for such proposal and seek 

public notice and comment before imposing any such requirements. 

(e) SUNSET.—The authority under this section for the Secretary to 

determine if certain unmanned aircraft systems may operate safely 

in the national airspace system terminates effective September 30, 

2017. 

§ 44806. Additional rulemaking authority 

(a) IN GENERAL.—Notwithstanding the rulemaking required by 

section 332 of the FAA Modernization and Reform Act of 2012 (49 

U.S.C. 40101 note) or the guidance required by section 44807 of this 

title and subject to subsection (b)(2) of this section and section 

44808, the Administrator may issue regulations under which a person may operate certain unmanned aircraft systems (as determined 

by the Administrator) in the United States— 

(1) without an airman certificate; 

(2) without an airworthiness certificate for the associated unmanned aircraft; or 

(3) that are not registered with the Federal Aviation Administration. 

(b) MICRO UNMANNED AIRCRAFT SYSTEMS OPERATIONAL RULES.— (1) IN GENERAL.—Notwithstanding the rulemaking required 

by section 332 of the FAA Modernization and Reform Act of 

2012 (49 U.S.C. 40101 note), the Administrator shall issue regulations not later than 270 days after the date of enactment of 

the Federal Aviation Administration Reauthorization Act of 

2016 under which any person may operate a micro unmanned 

aircraft system classification of unmanned aircraft systems, the 

aircraft component of which weighs 4.4 pounds or less, including payload, without the person operating the system being required to pass any airman certification requirement, including 

any requirements under section 44703 of this title, part 61 of 

title 14, Code of Federal Regulations, or any other rule or regulation relating to airman certification. 

(2) OPERATIONAL RULES.—The rulemaking required by paragraph (1) relating to micro unmanned aircraft systems shall 

consider the following rules, or any appropriate modifications 


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thereof concerning altitude, airspeed, geographic location, and 

time of day as the Administrator considers appropriate, for operation of such systems: 

(A) Operation an altitude of less than 400 feet above 

ground level. 

(B) Operation with an airspeed of not greater than 40 

knots. 

(C) Operation within the visual line of sight of the operator. 

(D) Operation during the hours between sunrise and sunset. 

(E) Operation not less than 5 statute miles from the geographic center of an airport with an operational air traffic 

control tower or an airport denoted on a current aeronautical chart published by the Federal Aviation Administration, except that a micro unmanned aircraft system may 

be operated within 5 statute miles of such an airport if the 

operator of the system— 

(i) provides notice to the airport operator; and 

(ii) in the case of an airport with an operational air 

traffic control tower, receives approval from the air 

traffic control tower. 

(c) SCOPE OF REGULATIONS.— (1) IN GENERAL.—In determining whether a person may operate an unmanned aircraft system under 1 or more of the circumstances described under paragraphs (1) through (3) of subsection (a), the Administrator shall use a risk-based approach 

and consider, at a minimum, the physical and functional characteristics of the unmanned aircraft system. 

(2) LIMITATION.—The Administrator may only issue regulations under this section for unmanned aircraft systems that the 

Administrator determines may be operated safely in the national airspace system. 

(d) RULES OF CONSTRUCTION.—Nothing in this section may be 

construed— 

(1) to prohibit a person from operating an unmanned aircraft 

system under a circumstance described under paragraphs (1) 

through (3) of subsection (a) if— 

(A) the circumstance is allowed by regulations issued 

under this section; and 

(B) the person operates the unmanned aircraft system in 

a manner prescribed by the regulations; and 

(2) to limit or affect in any way the Administrator’s authority 

to conduct a rulemaking, make a determination, or carry out 

any activity related to unmanned aircraft or unmanned aircraft 

systems under any other provision of law. 

§ 44807. Public unmanned aircraft systems 

(a) GUIDANCE.—The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system— 

(1) to streamline the process for the issuance of a certificate 

of authorization or a certificate of waiver; 

(2) to provide for a collaborative process with public agencies 

to allow for an incremental expansion of access to the national 


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airspace system as technology matures and the necessary safety 

analyses and data become available, and until standards are 

completed and technology issues are resolved; 

(3) to facilitate the capability of public agencies to develop 

and use test ranges, subject to operating restrictions required by 

the Federal Aviation Administration, to test and operate public 

unmanned aircraft systems; and 

(4) to provide guidance on a public agency’s responsibilities 

when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration. 

(b) STANDARDS FOR OPERATION AND CERTIFICATION.—The Administrator of the Federal Aviation Administration shall develop and 

implement operational and certification requirements for the operation of a public unmanned aircraft system in the national airspace 

system. 

(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— 

(1) IN GENERAL.—The Secretary shall enter into an agreement 

with each appropriate public agency to simplify the process for 

issuing a certificate of waiver or a certificate of authorization 

with respect to an application for authorization to operate a 

public unmanned aircraft system in the national airspace system. 

(2) CONTENTS.—An agreement under paragraph (1) shall— 

(A) with respect to an application described in paragraph 

(1)— 

(i) provide for an expedited review of the application; 

(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days 

after the date of submission of the application; 

(iii) allow for an expedited appeal if the application 

is disapproved; and 

(iv) if applicable, include verification of the data 

minimization policy required under subsection (d); 

(B) allow for a one-time approval of similar operations 

carried out during a fixed period of time; and 

(C) allow a government public safety agency to operate an 

unmanned aircraft weighing 25 pounds or less if that unmanned aircraft is operated— 

(i) within or beyond the line of sight of the operator; 

(ii) less than 400 feet above the ground; 

(iii) during daylight conditions; 

(iv) within Class G airspace; and 

(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities. 

(d) DATA MINIMIZATION FOR CERTAIN PUBLIC UNMANNED AIRCRAFT SYSTEM OPERATORS.—Not later than 180 days after the date 

of enactment of the Federal Aviation Administration Reauthorization Act of 2016 each Federal agency authorized by the Secretary to 

operate an unmanned aircraft system shall develop and update a 

data minimization policy that requires, at a minimum, that— 

(1) prior to the deployment of any new unmanned aircraft 

system technology, and at least every 3 years, existing policies 

and procedures relating to the collection, use, retention, and 

dissemination of information obtained by an unmanned aircraft 


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system must be examined to ensure that privacy, civil rights, 

and civil liberties are protected; 

(2) if the unmanned aircraft system is the platform for information collection, information must be collected, used, retained, 

and disseminated consistent with the Constitution, Federal law, 

and other applicable regulations and policies, such as the Privacy Act of 1974 (5 U.S.C. 552a); 

(3) the Federal agency or person operating on its behalf, only 

collect information using the unmanned aircraft system, or use 

unmanned aircraft system-collected information, to the extent 

that the collection or use is consistent with and relevant to an 

authorized purpose as determined by the head of a Federal 

agency and consistent with the law; 

(4) any information collected, using an unmanned aircraft or 

an unmanned aircraft system, that may contain personal information will not be retained by any Federal agency for more 

than 180 days after the date of collection unless— 

(A) the head of the Federal agency determines that retention of the information is directly relevant and necessary to 

accomplish the specific purpose for which the Federal agency used the unmanned aircraft system; 

(B) that Federal agency maintains the information in a 

system of records under section 552a of title 5; or 

(C) the information is required to be retained for a longer 

period under other applicable law, including regulations; 

(5) any information collected, using an unmanned aircraft or 

unmanned aircraft system, that is not maintained in a system 

of records under section 552a of title 5, will not be disseminated 

outside of that Federal agency unless— 

(A) dissemination is required by law; or 

(B) dissemination satisfies an authorized purpose and 

complies with that Federal agency’s disclosure requirements; 

(6) to the extent it does not compromise law enforcement or 

national security a Federal agency shall— 

(A) provide notice to the public regarding where in the 

national airspace system the Federal agency is authorized 

to operate the unmanned aircraft system; 

(B) keep the public informed about the Federal agency’s 

unmanned aircraft system program, including any changes 

to that program that would significantly affect privacy, 

civil rights, or civil liberties; 

(C) make available to the public, on an annual basis, a 

general summary of the Federal agency’s unmanned aircraft system operations during the previous fiscal year, including— 

(i) a brief description of types or categories of missions flown; and 

(ii) the number of times the Federal agency provided 

assistance to other agencies or to State, local, tribal, or 

territorial governments; and 

(D) make available on a public and searchable Internet 

website the data minimization policy of the Federal agency; 

(7) ensures oversight of the Federal agency’s unmanned aircraft system use, including— 


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(A) the use of audits or assessments that comply with existing Federal agency policies and regulations; 

(B) the verification of the existence of rules of conduct 

and training for Federal Government personnel and contractors who work on programs, and procedures for reporting suspected cases of misuse or abuse of unmanned aircraft system technologies; 

(C) the establishment of policies and procedures, or confirmation that policies and procedures are in place, that 

provide meaningful oversight of individuals who have access to sensitive information, including personal information, collected using an unmanned aircraft system; 

(D) ensuring that any data-sharing agreements or policies, data use policies, and record management policies applicable to an unmanned aircraft system conform to applicable laws, regulations, and policies; 

(E) the establishment of policies and procedures, or confirmation that policies and procedures are in place, to authorize the use of an unmanned aircraft system in response 

to a request for unmanned aircraft system assistance in 

support of Federal, State, local, tribal, or territorial government operations; and 

(F) a requirement that State, local, tribal, and territorial 

government recipients of Federal grant funding for the purchase or use of unmanned aircraft systems for their own 

operations have in place policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties 

prior to expending such funds; and 

(8) ensures the protection of civil rights and civil liberties, including— 

(A) ensuring that policies are in place to prohibit the collection, use, retention, or dissemination of data in any 

manner that would violate the First Amendment or in any 

manner that would discriminate against persons based 

upon their ethnicity, race, gender, national origin, religion, 

sexual orientation, or gender identity, in violation of law; 

(B) ensuring that unmanned aircraft system activities are 

performed in a manner consistent with the Constitution 

and applicable laws, Executive Orders, and other Presidential directives; and 

(C) ensuring that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, 

civil rights, and civil liberties complaints. 

(e) LAW ENFORCEMENT AND NATIONAL SECURITY.—Each Federal 

agency shall effectuate a requirement under subsection (d) only to 

the extent it does not compromise law enforcement or national security. 

(f) DEFINITION OF FEDERAL AGENCY.—In subsections (d) and (e), 

the term ‘‘Federal agency’’ has the meaning given the term ‘‘agency’’ 

in section 552(f) of title 5, United States Code. 

§ 44808. Special rules for model aircraft 

(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this 


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chapter, the Administrator of the Federal Aviation Administration 

may not promulgate any new rule or regulation specific only to an 

unmanned aircraft operating as a model aircraft if— 

(1) the aircraft is flown strictly for hobby or recreational use; 

(2) the aircraft is operated in accordance with a communitybased set of safety guidelines and within the programming of 

a nationwide community-based organization; 

(3) not flown beyond visual line of sight of persons co-located 

with the operator or in direct communication with the operator; 

(4) the aircraft is operated in a manner that does not interfere 

with and gives way to any manned aircraft; 

(5) when flown within 5 miles of an airport, the operator of 

the aircraft provides the airport operator, where applicable, and 

the airport air traffic control tower (when an air traffic facility 

is located at the airport) with prior notice and receives approval 

from the tower, to the extent practicable, for the operation from 

each (model aircraft operators flying from a permanent location 

within 5 miles of an airport should establish a mutually-agreed 

upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)); 

(6) the aircraft is flown from the surface to not more than 400 

feet in altitude, except under special conditions and programs 

established by a community-based organization; and 

(7) the operator has passed an aeronautical knowledge and 

safety test administered by the Federal Aviation Administration 

online for the operation of unmanned aircraft systems subject to 

the requirements of section 44809 and maintains proof of test 

passage to be made available to the Administrator or law enforcement upon request. 

(b) UPDATES.— (1) IN GENERAL.—The Administrator, in collaboration with 

government and industry stakeholders, including nationwide 

community-based organizations, shall initiate a process to update the operational parameters under subsection (a), as appropriate. 

(2) CONSIDERATIONS.—In updating an operational parameter 

under paragraph (1), the Administrator shall consider— 

(A) appropriate operational limitations to mitigate aviation safety risk and risk to the uninvolved public; 

(B) operations outside the membership, guidelines, and 

programming of a nationwide community-based organization; 

(C) physical characteristics, technical standards, and 

classes of aircraft operating under this section; 

(D) trends in use, enforcement, or incidents involving unmanned aircraft systems; and 

(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology. 

(3) SAVINGS CLAUSE.—Nothing in this subsection shall be 

construed as expanding the authority of the Administrator to 

require operators of model aircraft under the exemption of this 

subsection to be required to seek permissive authority of the Administrator prior to operation in the national airspace system. 


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(c) STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft. 

(d) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model 

aircraft’’ means an unmanned aircraft that— 

(1) is capable of sustained flight in the atmosphere; and 

(2) is limited to weighing not more than 55 pounds, including 

the weight of anything attached to or carried by the aircraft, 

unless otherwise approved through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization. 

§ 44809. Aeronautical knowledge and safety test 

(a) IN GENERAL.—An individual may not operate an unmanned 

aircraft system unless— 

(1) the individual has successfully completed an aeronautical 

knowledge and safety test under subsection (c); 

(2) the individual has authority to operate an unmanned aircraft under other Federal law; or 

(3) the individual is a holder of an airmen certificate issued 

under section 44703. 

(b) EXCEPTION.—This section shall not apply to the operation of 

an unmanned aircraft system that has been authorized by the Federal Aviation Administration under section 44802, 44805, 44806, or 

44807. The Administrator may waive the requirements of this section for operators of aircraft weighing less than 0.55 pounds or for 

operators under the age of 13 operating the unmanned aircraft system under the supervision of an adult as determined by the Administrator. 

(c) AERONAUTICAL KNOWLEDGE AND SAFETY TEST.—Not later 

than 180 days after the date of enactment of the Federal Aviation 

Administration Reauthorization Act of 2016, the Administrator of 

the Federal Aviation Administration, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, 

and community-based aviation organizations, shall develop an aeronautical knowledge and safety test that can be administered electronically. 

(d) REQUIREMENTS.—The Administrator shall ensure that the 

aeronautical knowledge and safety test is designed to adequately 

demonstrate an operator’s— 

(1) understanding of aeronautical safety knowledge, as applicable; and 

(2) knowledge of Federal Aviation Administration regulations 

and requirements pertaining to the operation of an unmanned 

aircraft system in the national airspace system. 

(e) RECORD OF COMPLIANCE.— 

(1) IN GENERAL.—Each operator of an unmanned aircraft system described under subsection (a) shall maintain and make 

available for inspection, upon request by the Administrator or 

a Federal, State, or local law enforcement officer, a record of 

compliance with this section through— 

(A) an identification number, issued by the Federal Aviation Administration certifying passage of the aeronautical 

knowledge and safety test; 


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(B) if the individual has authority to operate an unmanned aircraft system under other Federal law, the requisite proof of authority under that law; or 

(C) an airmen certificate issued under section 44703. 

(2) COORDINATION.—The Administrator may coordinate the 

identification number under paragraph (1)(A) with an operator’s registration number to the extent practicable. 

(3) LIMITATION.—No fine or penalty may be imposed for the 

initial failure of an operator of an unmanned aircraft system to 

comply with paragraph (1) unless the Administrator finds that 

the conduct of the operator actually posed a risk to the national 

airspace system. 

§ 44810. Safety statements 

(a) PROHIBITION.—Beginning on the date that is 1 year after the 

date of publication of the guidance under subsection (b)(1), it shall 

be unlawful for any person to introduce or deliver for introduction 

into interstate commerce any unmanned aircraft manufactured unless a safety statement is attached to the unmanned aircraft or accompanying the unmanned aircraft in its packaging. 

(b) SAFETY STATEMENT.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator of the Federal Aviation Administration shall issue guidance for implementing this section. 

(2) REQUIREMENTS.—A safety statement described in subsection (a) shall include— 

(A) information about laws and regulations applicable to 

unmanned aircraft systems; 

(B) recommendations for using unmanned aircraft in a 

manner that promotes the safety of persons and property; 

(C) the date that the safety statement was created or last 

modified; and 

(D) language approved by the Administrator regarding 

the following: 

(i) A person may operate the unmanned aircraft as 

a model aircraft (as defined in section 44808) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of the aeronautical knowledge 

and safety test under section 44809. 

(ii) The definition of a model aircraft under section 

44808. 

(iii) The requirements regarding a model aircraft 

under paragraphs (1) through (7) of section 44808(a). 

(iv) The Administrator of the Federal Aviation Administration may pursue enforcement action against a 

person operating model aircraft who endangers the 

safety of the national airspace system. 

(c) CIVIL PENALTY.—A person who violates subsection (a) shall be 

liable for each violation to the United States Government for a civil 

penalty described in section 46301(a). 


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§ 44811. Regulatory and administrative fees 

(a) IN GENERAL.—Subject to subsection (b), the Administrator 

may assess and collect regulatory and administrative fees to recover 

the costs of regulatory and administrative activities under this 

chapter related to authorization to operate unmanned aircraft systems for compensation or hire, or in the furtherance of a business 

enterprise. 

(b) LIMITATIONS.—Fees authorized under subsection (a) shall be 

reasonable, cost-based relative to the regulatory or administrative 

activity, and may not be discriminatory or a deterrent to compliance. 

(c) RECEIPTS CREDITED TO ACCOUNT.—Notwithstanding section 

3302 of title 31, all fees and amounts collected under this section 

shall be credited to the separate account established under section 

45303(c). Section 41742 shall not apply to fees and amounts collected under this section. 

(d) REGULATIONS.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 

2016, the Administrator shall issue regulations to carry out this section. 

§ 44812. Carriage of property by small unmanned aircraft 

systems for compensation or hire 

(a) IN GENERAL.—Not later than 2 years after the date of enactment of this section, the Secretary of Transportation shall issue a 

final rule authorizing the carriage of property by operators of small 

unmanned aircraft systems for compensation or hire within the 

United States. 

(b) CONTENTS.—The final rule required under subsection (a) shall 

provide for the following: 

(1) SMALL UAS AIR CARRIER CERTIFICATE.—The Administrator 

of the Federal Aviation Administration, at the direction of the 

Secretary, shall establish a certificate (to be known as a ‘‘small 

UAS air carrier certificate’’) for persons that undertake directly, 

by lease, or other arrangement the operation of small unmanned aircraft systems to carry property in air transportation, 

including commercial fleet operations with highly automated 

unmanned aircraft systems. The requirements to operate under 

a small UAS air carrier certificate shall— 

(A) consider the unique characteristics of highly automated, small unmanned aircraft systems; and 

(B) include requirements for the safe operation of small 

unmanned aircraft systems that, at a minimum, address— 

(i) airworthiness of small unmanned aircraft systems; 

(ii) qualifications for operators and the type and nature of the operations; and 

(iii) operating specifications governing the type and 

nature of the unmanned aircraft system air carrier operations. 

(2) SMALL UAS AIR CARRIER CERTIFICATION PROCESS.—The 

Administrator, at the direction of the Secretary, shall establish 

a process for the issuance of small UAS air carrier certificates 

established pursuant to paragraph (1) that is performanceVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00139 Fmt 6659 Sfmt 6603 E:\HR\OC\SR428.XXX SR428

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based and ensures required safety levels are met. Such certification process shall consider— 

(A) safety risks and the mitigation of those risks associated with the operation of highly automated, small unmanned aircraft around other manned and unmanned aircraft, and over persons and property on the ground; 

(B) the competencies and compliance programs of manufacturers, operators, and companies that manufacture, operate, or both small unmanned aircraft systems and components; and 

(C) compliance with the requirements established pursuant to paragraph (1). 

(3) SMALL UAS AIR CARRIER CLASSIFICATION.—The Secretary 

shall develop a classification system for persons issued small 

UAS air carrier certificates pursuant to this subsection to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such classification shall only require— 

(A) registration with the Department of Transportation; 

and 

(B) a valid small UAS air carrier certificate issued pursuant to this subsection. 

CHAPTER 449. SECURITY

SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

§ 44941. Immunity for reporting suspicious activities 

(a) IN GENERAL.—Any air carrier or foreign air carrier or any 

employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat 

to aircraft or passenger safety, øor terrorism, as defined by section 

3077 of title 18, United States Code,¿ human trafficking (as defined 

by section 41725), or terrorism (as defined by section 3077 of title 

18) to any employee or agent of the Department of Transportation, 

the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be 

civilly liable to any person under any law or regulation of the 

United States, any constitution, law, or regulation of any State or 

political subdivision of any State, for such disclosure. 

(b) APPLICATION.—Subsection (a) shall not apply to— 

(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or 

(2) any disclosure made with reckless disregard as to the 

truth or falsity of that disclosure. 

CHAPTER 453. FEES

§ 45301. General provisions 

(a) SCHEDULE OF FEES.—The Administrator shall establish a 

schedule of new fees, and a collection process for such fees, for the 

following services provided by the Administration: 

(1) Air traffic control and related services provided to aircraft 

other than military and civilian aircraft of the øUnited States 


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government¿ United States Government or of a foreign government that neither take off from, nor land in, the United States. 

(2) Services (other than air traffic control services) provided 

to a foreign government or services provided to any entity obtaining services outside the United States, except that the Administrator shall not impose fees in any manner for production-certification related service performed outside the United 

States pertaining to aeronautical products manufactured outside the United States. 

* * * * * * * 

§ 45305. Registration, certification, and related fees 

(a) GENERAL AUTHORITY AND FEES.—øSubject to subsection (b)¿ 

Subject to subsection (c), the Administrator of the Federal Aviation 

Administration shall establish and collect a fee for each of the following services and activities of the Administration that does not 

exceed the estimated costs of the service or activity: 

(1) Registering an aircraft. 

(2) Reregistering, replacing, or renewing an aircraft registration certificate. 

(3) Issuing an original dealer’s aircraft registration certificate. 

(4) Issuing an additional dealer’s aircraft registration certificate (other than the original). 

(5) Issuing a special registration number. 

(6) Issuing a renewal of a special registration number reservation. 

(7) Recording a security interest in an aircraft or aircraft 

part. 

(8) Issuing an airman certificate. 

(9) Issuing a replacement airman certificate. 

(10) Issuing an airman medical certificate. 

(11) Providing a legal opinion pertaining to aircraft registration or recordation. 

(b) CERTIFICATION SERVICES.—Subject to subsection (c), and notwithstanding section 45301(a), the Administrator may establish and 

collect a fee from a foreign government or entity for services related 

to certification, regardless of where the services are provided, if the 

fee— 

(1) is established and collected in a manner consistent with 

aviation safety agreements; and 

(2) does not exceed the estimated costs of the services. 

ø(b)¿(c) LIMITATION ON COLLECTION.—No fee may be collected 

under this section unless the expenditure of the fee to pay the costs 

of activities and services for which the fee is imposed is provided 

for in advance in an appropriations Act. 

ø(c)¿(d) FEES CREDITED AS OFFSETTING COLLECTIONS.— (1) IN GENERAL.—Notwithstanding section 3302 of title 31, 

any fee authorized to be collected under this section shall— 

(A) be credited as offsetting collections to the account 

that finances the activities and services for which the fee 

is imposed; 

(B) be available for expenditure only to pay the costs of 

activities and services for which the fee is imposed, including all costs associated with collecting the fee; and 


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(C) remain available until expended. 

(2) CONTINUING APPROPRIATIONS.—The Administrator may 

continue to assess, collect, and spend fees established under 

this section during any period in which the funding for the 

Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration’s 

regular appropriations. 

(3) ADJUSTMENTS.—The Administrator shall adjust a fee established under subsection (a) for a service or activity if the 

Administrator determines that the actual cost of the service or 

activity is higher or lower than was indicated by the cost data 

used to establish such fee. 

SUBPART IV. ENFORCEMENT AND PENALTIES

CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS

§ 46111. Certificate actions in response to a security threat 

* * * * * * * 

(g) CLASSIFIED EVIDENCE.— 

(1) IN GENERAL.—The Under Secretary, in consultation with 

the Administrator and the Director of Central Intelligence, 

shall issue regulations to establish procedures by which the 

Under Secretary, as part of a hearing conducted under this 

section, may provide an unclassified summary of classified evidence upon which the order of the Administrator was based to 

the individual adversely affected by the order. 

(2) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE LAW

JUDGE.— 

(A) REVIEW.—As part of a hearing conducted under this 

section, if the order of the Administrator issued under subsection (a) is based on classified information (as defined in 

section 1(a) of the Classified Information Procedures Act 

ø(18 U.S.C. App.)¿ (18 U.S.C. App.)), such information may 

be submitted by the Under Secretary to the reviewing administrative law judge, pursuant to appropriate security 

procedures, and shall be reviewed by the administrative 

law judge ex parte and in camera. 

(B) SECURITY CLEARANCES.—Pursuant to existing procedures and requirements, the Under Secretary shall, in coordination, as necessary, with the heads of other affected 

departments or agencies, ensure that administrative law 

judges reviewing orders of the Administrator under this 

section possess security clearances appropriate for their 

work under this section. 

(3) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—As 

part of a hearing conducted under this section and upon the request of the individual adversely affected by an order of the 

Administrator under subsection (a), the Under Secretary shall 

provide to the individual and reviewing administrative law 

judge, consistent with the procedures established under paragraph (1), an unclassified summary of any classified information upon which the order of the Administrator is based. 


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SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART IV. ENFORCEMENT AND PENALTIES

CHAPTER 463. PENALTIES

§ 46301. Civil penalties 

(a) GENERAL PENALTY.— 

(1) A person is liable to the United States Government for 

a civil penalty of not more than $25,000 (or $1,100 if the person is an individual or small business concern) for violating— 

(A) chapter 401 (except sections 40103(a) and (d), 40105, 

40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)-(f)), chapter 415 (except sections 

41502, 41505, and 41507-41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, 

subchapter II or III of chapter 421, chapter 423, chapter 

441 (except section 44109), 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)- 

(d)(1)(A) and (d)(1)(C)-(f), and 44908), chapter 451, section 

47107(b) (including any assurance made under such section), or section 47133 of this title; 

(B) a regulation prescribed or order issued under any 

provision to which clause (A) of this paragraph applies; 

(C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or 

(D) a regulation of the United States Postal Service 

under this part. 

(2) A separate violation occurs under this subsection for each 

day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation 

(other than a violation of section 41719). 

(3) PENALTY FOR DIVERSION OF AVIATION REVENUES.—The 

amount of a civil penalty assessed under this section for a violation of section 47107(b) of this title (or any assurance made 

under such section) or section 47133 of this title may be increased above the otherwise applicable maximum amount 

under this section to an amount not to exceed 3 times the 

amount of revenues that are used in violation of such section. 

(4) AVIATION SECURITY VIOLATIONS.—Notwithstanding paragraph (1) of this subsection, the maximum civil penalty for violating chapter 449 shall be $10,000; except that the maximum 

civil penalty shall be $25,000 in the case of a person operating 

an aircraft for the transportation of passengers or property for 

compensation (except an individual serving as an airman). 

(5) PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS CONCERNS.— 

(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating— 

(i) chapter 401 (except sections 40103(a) and (d), 

40105, 40106(b), 40116, and 40117), section 44502 (b) 


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or (c), chapter 447 (except sections 44717-44723), 

chapter 448, chapter 449 (except sections 44902, 

44903(d), 44904, and 44907-44909), or chapter 451, or 

section 46314(a) of this title; or 

(ii) a regulation prescribed or order issued under 

any provision to which clause (i) applies. (B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by 

an individual or small business concern related to— 

(i) the transportation of hazardous material; 

(ii) the registration or recordation under chapter 441 

of an aircraft not used to provide air transportation; 

(iii) a violation of section 44718(d), relating to the 

limitation on construction or establishment of landfills; 

(iv) a violation of section 44725, relating to the safe 

disposal of life-limited aircraft parts; or 

(v) a violation of section 40127 or section 41705, relating to discrimination. 

(C) Notwithstanding paragraph (1), the maximum civil 

penalty for a violation of section 41719 committed by an 

individual or small business concern shall be $5,000 instead of $1,000. 

(D) Notwithstanding paragraph (1), the maximum civil 

penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any 

other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford 

consumer protection to commercial air transportation passengers shall be $2,500 for each violation. 

(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES.—Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee 

to whom an airport security badge or other identifier used to 

obtain access to a secure area of an airport is issued before, on, 

or after the date of enactment of this paragraph and who does 

not collect or make reasonable efforts to collect such badge 

from the employee on the date that the employment of the employee is terminated and does not notify the operator of the 

airport of such termination within 24 hours of the date of such 

termination shall be liable to the Government for a civil penalty not to exceed $10,000. 

(b) SMOKE ALARM DEVICE PENALTY.— 

(1) A passenger may not tamper with, disable, or destroy a 

smoke alarm device located in a lavatory on an aircraft providing air transportation or intrastate air transportation. 

(2) An individual violating this subsection is liable to the 

Government for a civil penalty of not more than $2,000. 

(c) PROCEDURAL REQUIREMENTS.— (1) The Secretary of Transportation may impose a civil penalty for the following violations only after notice and an opportunity for a hearing: 

(A) a violation of subsection (b) of this section or chapter 

411, chapter 413 (except sections 41307 and 41310(b)-(f)), 

chapter 415 (except sections 41502, 41505, and 41507- 


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41509), chapter 417 (except sections 41703, 41704, 41710, 

41713, and 41714), chapter 419, subchapter II of chapter 

421, chapter 423, or section 44909 of this title. 

(B) a violation of a regulation prescribed or order issued 

under any provision to which clause (A) of this paragraph 

applies. 

(C) a violation of any term of a certificate or permit 

issued under section 41102, 41103, or 41302 of this title. 

(D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material. 

(2) The Secretary shall give written notice of the finding of 

a violation and the civil penalty under paragraph (1) of this 

subsection. 

(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.— 

(1) In this subsection— 

(A) ‘‘flight engineer’’ means an individual who holds a 

flight engineer certificate issued under part 63 of title 14, 

Code of Federal Regulations. 

(B) ‘‘mechanic’’ means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of 

Federal Regulations. 

(C) ‘‘pilot’’ means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations. 

(D) ‘‘repairman’’ means an individual who holds a repairman certificate issued under part 65 of title 14, Code of 

Federal Regulations. 

(2) The Administrator of the Federal Aviation Administration may impose a civil penalty for a violation of chapter 401 

(except sections 40103(a) and (d), 40105, 40106(b), 40116, and 

40117), chapter 441 (except section 44109), section 44502(b) or 

(c), chapter 447 (except sections 44717 and 44719-44723), chapter 448, chapter 451, section 46301(b), section 46302 (for a violation relating to section 46504), section 46318, section 46319, 

section 46320, or section 47107(b) (as further defined by the 

Secretary under section 47107(k) and including any assurance 

made under section 47107(b)) of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security may impose a civil penalty for a 

violation of chapter 449 (except sections 44902, 44903(d), 

44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), section 

46302 (except for a violation relating to section 46504), or section 46303 of this title or a regulation prescribed or order 

issued under any of those provisions. The Secretary of Homeland Security or Administrator shall give written notice of the 

finding of a violation and the penalty. 

(3) In a civil action to collect a civil penalty imposed by the 

Secretary of Homeland Security or Administrator under this 

subsection, the issues of liability and the amount of the penalty 

may not be reexamined. 

(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of 

a civil action involving a penalty the Secretary of Homeland 

Security or Administrator initiates if— 

(A) the amount in controversy is more than— 


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(i) $50,000 if the violation was committed by any 

person before the date of enactment of the Vision 100- 

Century of Aviation Reauthorization Act (ii) $400,000 if the violation was committed by a 

person other than an individual or small business concern on or after that date; or 

(iii) $50,000 if the violation was committed by an individual or small business concern on or after that 

date; 

(B) the action is in rem or another action in rem based 

on the same violation has been brought; 

(C) the action involves an aircraft subject to a lien that 

has been seized by the Government; or 

(D) another action has been brought for an injunction 

based on the same violation. 

(5)(A) The Administrator may issue an order imposing a penalty under this subsection against an individual acting as a 

pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard 

about why the order shall not be issued. 

(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this subsection to the National Transportation 

Safety Board. After notice and an opportunity for a hearing on the record, the Board shall affirm, modify, or reverse the order. The Board may modify a civil penalty imposed to a suspension or revocation of a certificate. 

(C) When conducting a hearing under this paragraph, 

the Board is not bound by findings of fact of the Administrator but is bound by all validly adopted interpretations 

of laws and regulations the Administrator carries out and 

of written agency policy guidance available to the public 

related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. 

(D) When an individual files an appeal with the Board 

under this paragraph, the order of the Administrator is 

stayed. 

(6) An individual substantially affected by an order of the 

Board under paragraph (5) of this subsection, or the Administrator when the Administrator decides that an order of the 

Board under paragraph (5) will have a significant adverse impact on carrying out this part, may obtain judicial review of 

the order under section 46110 of this title. The Administrator 

shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence. 

(7)(A) The Administrator may impose a penalty on a person 

(except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for 

a hearing on the record. 

(B) In an appeal from a decision of an administrative 

law judge as the result of a hearing under subparagraph 


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(A) of this paragraph, the Administrator shall consider 

only whether— 

(i) each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence; 

(ii) each conclusion of law is made according to applicable law, precedent, and public policy; and 

(iii) the judge committed a prejudicial error that 

supports the appeal. 

(C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 

2 years after the violation occurs. 

(D) In the case of a violation of section 47107(b) of this 

title or any assurance made under such section— 

(i) a civil penalty shall not be assessed against an 

individual; 

(ii) a civil penalty may be compromised as provided 

under subsection (f); and 

(iii) judicial review of any order assessing a civil 

penalty may be obtained only pursuant to section 

46110 of this title. 

(8) The maximum civil penalty the Under Secretary, Administrator, or Board may impose under this subsection is— 

(A) $50,000 if the violation was committed by any person 

before the date of enactment of the Vision 100—Century of 

Aviation Reauthorization Act; 

(B) $400,000 if the violation was committed by a person 

other than an individual or small business concern on or 

after that date; or 

(C) $50,000 if the violation was committed by an individual or small business concern on or after that date. 

(9) This subsection applies only to a violation occurring after 

August 25, 1992. 

(e) PENALTY CONSIDERATIONS.—In determining the amount of a 

civil penalty under subsection (a)(3) of this section related to transportation of hazardous material, the Secretary shall consider— 

(1) the nature, circumstances, extent, and gravity of the violation; 

(2) with respect to the violator, the degree of culpability, any 

history of prior violations, the ability to pay, and any effect on 

the ability to continue doing business; and 

(3) other matters that justice requires. 

(f) COMPROMISE AND SETOFF.— 

(1)(A) The Secretary may compromise the amount of a civil 

penalty imposed for violating— 

(i) chapter 401 (except sections 40103(a) and (d), 

40105, 40116, and 40117), chapter 441 (except section 

44109), section 44502(b) or (c), chapter 447 (except 

44717 and 44719-44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)- 

(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or chapter 451 of this title; or 

(ii) a regulation prescribed or order issued under 

any provision to which clause (i) of this subparagraph 

applies. 


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(B) The Postal Service may compromise the amount of a 

civil penalty imposed under subsection (a)(1)(D) of this section. 

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from 

amounts it owes the person liable for the penalty. 

(g) JUDICIAL REVIEW.—An order of the Secretary or the Administrator imposing a civil penalty may be reviewed judicially only 

under section 46110 of this title. 

(h) NONAPPLICATION.— 

(1) This section does not apply to the following when performing official duties: 

(A) a member of the armed forces of the United States. 

(B) a civilian employee of the Department of Defense 

subject to the Uniform Code of Military Justice. 

(2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Under Secretary of Transportation for Security 

with respect to security duties and powers designated to be 

carried out by the Under Secretary or the Administrator with 

respect to aviation safety duties and powers designated to be 

carried out by the Administrator) a timely report on action 

taken. 

(i) SMALL BUSINESS CONCERN DEFINED.—In this section, the 

term ‘‘small business concern’’ has the meaning given that term in 

section 3 of the Small Business Act (15 U.S.C. 632). 

§ 46320. Interference with firefighting, law enforcement, or 

emergency response activities 

(a) PROHIBITION.—No person may operate an aircraft so as to 

interfere with firefighting, law enforcement, or emergency response 

activities. 

(b) DEFINITION.—For purposes of this section, an aircraft interferes with the activities specified in subsection (a) when its operation prevents the initiation of, interrupts, or endangers a person or 

property engaged in those activities. 

(c) CIVIL PENALTY.—A person violating subsection (a) shall be liable for a civil penalty of not more than $20,000. 

(d) COMPROMISE AND SETOFF.—The United States Government 

may deduct the amount of a civil penalty imposed or compromised 

under this section from the amounts the Government owes the person liable for the penalty. 

PART B. AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471. AIRPORT DEVELOPMENT

SUBCHAPTER I. AIRPORT IMPROVEMENT

§ 47102. Definitions 

In this subchapter— 

(1) ‘‘air carrier airport’’ means a public airport regularly 

served by— 

(A) an air carrier certificated by the Secretary of Transportation under section 41102 of this title (except a charter 

air carrier); or 


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(B) at least one air carrier— 

(i) operating under an exemption from section 

41101(a)(1) of this title that the Secretary grants; and 

(ii) having at least 2,500 passenger boardings at the 

airport during the prior calendar year. 

(2) ‘‘airport’’— 

(A) means— 

(i) an area of land or water used or intended to be 

used for the landing and taking off of aircraft; 

(ii) an appurtenant area used or intended to be used 

for airport buildings or other airport facilities or rights 

of way; and 

(iii) airport buildings and facilities located in any of 

those areas; and 

(B) includes a heliport. 

(3) ‘‘airport development’’ means the following activities, if 

undertaken by the sponsor, owner, or operator of a public-use 

airport: 

(A) constructing, repairing, or improving a public-use 

airport, including— 

(i) removing, lowering, relocating, marking, and 

lighting an airport hazard; and 

(ii) preparing a plan or specification, including carrying out a field investigation. 

(B) acquiring for, or installing at, a public-use airport— 

(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at 

or taking off from the airport, including preparing the 

site as required by the acquisition or installation; 

ø(ii) safety or security equipment, including explosive detection devices, universal access systems, and 

emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, 

the safety or security of individuals and property at 

the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and 

taxiway incursion prevention devices;¿ 

(ii) security equipment owned and operated by the 

airport, including explosive detection devices, universal 

access control systems, perimeter fencing, and emergency call boxes, which the Secretary may require by 

regulation for, or approve as contributing significantly 

to, the security of individuals and property at the airport; 

(iii) safety apparatus owned and operated by the airport, which the Secretary may require by regulation 

for, or approve as contributing significantly to, the 

safety of individuals and property at the airport, and 

integrated in-pavement lighting systems for runways 

and taxiways and other runway and taxiway incursion 

prevention devices; 

ø(iii)¿(iv) equipment to remove snow, to measure 

runway surface friction, or for aviation-related weather reporting, including closed circuit weather surveillance equipment if the airport is located in Alaska; 


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ø(iv)¿(v) firefighting and rescue equipment at an airport that serves scheduled passenger operations of air 

carrier aircraft designed for more than 9 passenger 

seats; 

ø(v)¿(vi) aircraft deicing equipment and structures 

(except aircraft deicing fluids and storage facilities for 

the equipment and fluids); 

ø(vi)¿(vii) interactive training systems; 

ø(vii)¿(viii) windshear detection equipment that is 

certified by the Administrator of the Federal Aviation 

Administration; 

ø(viii)¿(ix) stainless steel adjustable lighting extensions approved by the Administrator; 

ø(ix)¿(x) engineered materials arresting systems as 

described in the Advisory Circular No. 150/5220-22 

published by the Federal Aviation Administration on 

August 21, 1998, including any revision to the circular; and 

ø(x)¿(xi) replacement of baggage conveyor systems, 

and reconfiguration of terminal baggage areas, that 

the Secretary determines are necessary to install bulk 

explosive detection devices; except that such activities 

shall be eligible for funding under this subchapter 

only using amounts apportioned under section 47114. 

(C) acquiring an interest in land or airspace, including 

land for future airport development, that is needed— 

(i) to carry out airport development described in subclause (A) or (B) of this clause; or 

(ii) to remove or mitigate an existing airport hazard 

or prevent or limit the creation of a new airport hazard. 

(D) acquiring land for, or constructing, a burn area 

training structure on or off the airport to provide live fire 

drill training for aircraft rescue and firefighting personnel 

required to receive the training under regulations the Secretary prescribes, including basic equipment and minimum 

structures to support the training under standards the Administrator of the Federal Aviation Administration prescribes. 

(E) relocating after December 31, 1991, an air traffic 

control tower and any navigational aid (including radar) if 

the relocation is necessary to carry out a project approved 

by the Secretary under this subchapter or under section 

40117. 

(F) constructing, reconstructing, repairing, or improving 

an airport, or purchasing capital equipment for an airport, 

if necessary for compliance with the responsibilities of the 

operator or owner of the airport under the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the 

Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal 

Water Pollution Control Act (33 U.S.C. 1251 et seq.), except constructing or purchasing capital equipment that 

would benefit primarily a revenue-producing area of the 

airport used by a nonaeronautical business. 


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(G) acquiring land for, or work necessary to construct, a 

pad suitable for deicing aircraft before takeoff at a commercial service airport, including constructing or reconstructing paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, paved 

access for deicing vehicles and aircraft, and including acquiring glycol recovery vehicles, but not including acquiring aircraft deicing fluids or constructing or reconstructing 

storage facilities for aircraft deicing equipment or fluids. 

(H) routine work to preserve and extend the useful life 

of runways, taxiways, and aprons at nonhub airports and 

airports that are not primary airports, under guidelines 

issued by the Administrator of the Federal Aviation Administration. 

(I) constructing, reconstructing, or improving an airport, 

or purchasing nonrevenue generating capital equipment to 

be owned by an airport, for the purpose of transferring 

passengers, cargo, or baggage between the aeronautical 

and ground transportation modes on airport property. 

(J) constructing an air traffic control tower or acquiring 

and installing air traffic control, communications, and related equipment at an air traffic control tower under the 

terms specified in section 47124(b)(4). 

(K) work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, and other related air quality improvements at a commercial service airport if the airport is located in an air 

quality nonattainment or maintenance area (as defined in 

sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 

7501(2); 7505a) and if øsuch project will result in an airport receiving appropriate¿ the airport would be able to receive emission credits, as described in section 47139. 

(L) a project for the acquisition øor conversion of vehicles 

and¿ of vehicles used exclusively for transporting passengers on-airport, employee shuttle buses within the airport, or ground support equipment, owned by a commercial 

service øairport, to¿ airport and equipped with low-emission technology, if the airport is located in an air quality 

nonattainment or maintenance area (as defined in sections 

171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 

ø7505a) and if such project will result in an airport receiving appropriate¿ 7505a)) and if the airport would be able 

to receive emission credits as described in section 47139. 

(M) construction of mobile refueler parking within a fuel 

farm at a nonprimary airport meeting the requirements of 

section 112.8 of title 40, Code of Federal Regulations. 

(N) terminal development under section 47119(a). 

(O) acquiring and installing facilities and equipment to 

provide air conditioning, heating, or electric power from 

terminal-based, nonexclusive use facilities to aircraft 

parked at a public use airport for the purpose of reducing 

energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power 

from aircraft-based systems. 


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(4) ‘‘airport hazard’’ means a structure or object of natural 

growth located on or near a public-use airport, or a use of land 

near the airport, that obstructs or otherwise is hazardous to 

the landing or taking off of aircraft at or from the airport. 

(5) ‘‘airport planning’’ means planning as defined by øregulations¿ requirements the Secretary prescribes and includes— 

(A) integrated airport system planning; 

(B) developing an environmental management system; 

and 

(C) developing a plan for recycling and minimizing the 

generation of airport solid waste, consistent with applicable State and local recycling laws, including the cost of a 

waste audit. 

(6) ‘‘amount made available under section 48103’’ or ‘‘amount 

newly made available’’ means the amount authorized for 

grants under section 48103 as that amount may be limited in 

that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or 

amounts covered by section 47107(f). 

(7) ‘‘categorized airport’’ means a nonprimary airport that has 

an identified role in the National Plan of Integrated Airport 

Systems. 

ø(7)¿(8) ‘‘commercial service airport’’ means a public airport 

in a State that the Secretary determines has at least 2,500 

passenger boardings each year and is receiving scheduled passenger aircraft service. 

ø(8)¿(9) ‘‘general aviation airport’’ means a øpublic¿ publicuse airport that is located in a State and that, as determined 

by the Secretary— 

(A) does not have scheduled service; or 

(B) has scheduled service with less than 2,500 passenger 

boardings each year. 

ø(9)¿(10) ‘‘integrated airport system planning’’ means developing for planning purposes information and guidance to decide the extent, kind, location, and timing of airport development needed in a specific area to establish a viable, balanced, 

and integrated system of public-use airports, including— 

(A) identifying system needs; 

(B) developing an estimate of systemwide development 

costs; 

(C) conducting studies, surveys, and other planning actions, including those related to airport access, needed to 

decide which aeronautical needs should be met by a system of airports; and 

(D) standards prescribed by a State, except standards for 

safety of approaches, for airport development at nonprimary public-use airports. 

(11) ‘‘joint use airport’’ means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield. 

(12) ‘‘lactation area’’ means a room or other location in a 

commercial service airport that— 

(A) provides a location for members of the public to express breast milk that is shielded from view and free from 

intrusion from the public; 


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(B) has a door that can be locked; 

(C) includes a place to sit, a table or other flat surface, 

and an electrical outlet; 

(D) is readily accessible to and usable by individuals 

with disabilities, including individuals who use wheelchairs; and 

(E) is not located in a restroom. 

ø(10)¿(13) ‘‘landed weight’’ means the weight of aircraft 

transporting only cargo in intrastate, interstate, and foreign 

air transportation, as the Secretary determines under regulations the Secretary prescribes. 

ø(11)¿(14) ‘‘large hub airport’’ means a commercial service 

airport that has at least 1.0 percent of the passenger 

boardings. 

ø(12)¿(15) ‘‘low-emission technology’’ means technology for 

vehicles and equipment whose emission performance is the 

best achievable under emission standards established by the 

Environmental Protection Agency and that relies exclusively 

on alternative fuels that are substantially nonpetroleum based, 

as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles. 

ø(13)¿(16) ‘‘medium hub airport’’ means a commercial service 

airport that has at least 0.25 percent but less than 1.0 percent 

of the passenger boardings. 

ø(14)¿(17) ‘‘nonhub airport’’ means a commercial service airport that has less than 0.05 percent of the passenger 

boardings. 

ø(15)¿(18) ‘‘passenger boardings’’— 

(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior 

calendar year on an aircraft in service in air commerce, as 

the Secretary determines under regulations the Secretary 

prescribes; and 

(B) includes passengers who continue on an aircraft in 

international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose. 

ø(16)¿(19) ‘‘primary airport’’ means a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year. 

ø(17)¿(20) ‘‘project’’ means a project, separate projects included in one project grant application, or all projects to be undertaken at an airport in a fiscal year, to achieve airport development or airport planning. 

ø(18)¿(21) ‘‘project cost’’ means a cost involved in carrying 

out a project. 

ø(19)¿(22) ‘‘project grant’’ means a grant of money the Secretary makes to a sponsor to carry out at least one project. 

ø(20)¿(23) ‘‘public agency’’ means— 

(A) a State or political subdivision of a State; 

(B) a tax-supported organization; or 

(C) an Indian tribe or pueblo. 

ø(21)¿(24) ‘‘public airport’’ means an airport used or intended 

to be used for public purposes— 

(A) that is under the control of a public agency; and 


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(B) of which the area used or intended to be used for the 

landing, taking off, or surface maneuvering of aircraft is 

publicly owned. 

ø(22)¿(25) ‘‘public-use airport’’ means— 

(A) a public airport; or 

(B) a privately-owned airport used or intended to be 

used for public purposes that is— 

ø(i) a reliever airport; or¿ 

(i) determined by the Secretary to have at least— 

(I) 100 based aircraft that are currently registered with the Federal Aviation Administration 

under chapter 445 of this title; and 

(II) 1 based jet aircraft that is currently registered with the Federal Aviation Administration 

where, for the purposes of this clause, ‘‘based’’ 

means the aircraft or jet aircraft overnights at the 

airport for the greater part of the year; or 

(ii) determined by the Secretary to have at least 

2,500 passenger boardings each year and to receive 

scheduled passenger aircraft service. 

ø(23)¿(26) ‘‘reliever airport’’ means an airport the Secretary 

designates to relieve congestion at a commercial service airport 

and to provide more general aviation access to the overall community. 

ø(24)¿(27) ‘‘revenue producing aeronautical support facilities’’ 

means fuel farms, hangar buildings, self-service credit card 

aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will 

increase the revenue producing ability of the airport. 

ø(25)¿(28) ‘‘small hub airport’’ means a commercial service 

airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings. 

ø(26)¿(29) ‘‘sponsor’’ means— 

(A) a public agency that submits to the Secretary under 

this subchapter an application for financial assistance; and 

(B) a private owner of a public-use airport that submits 

to the Secretary under this subchapter an application for 

financial assistance for the airport. 

ø(27)¿(30) ‘‘State’’ means a State of the United States, the 

District of Columbia, Puerto Rico, the Virgin Islands, American 

Samoa, the Northern Mariana Islands, the Trust Territory of 

the Pacific Islands, and Guam. 

ø(28)¿(31) ‘‘terminal development’’ means— 

(A) development of— 

(i) an airport passenger terminal building, including 

terminal gates; 

(ii) access roads servicing exclusively airport traffic 

that leads directly to or from an airport passenger terminal building; and 

(iii) walkways that lead directly to or from an airport passenger terminal building; and 

(B) the cost of a vehicle described in section 

47119(a)(1)(B). 


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(32) ‘‘unclassified airport’’ means a nonprimary airport that 

is included in the National Plan of Integrated Airport Systems 

that is not categorized by the Administrator of the Federal 

Aviation Administration in the most current report entitled 

General Aviation Airports: A National Asset. 

§ 47104. Project grant authority 

(a) GENERAL AUTHORITY.—To maintain a safe and efficient nationwide system of public-use airports that meets the present and 

future needs of civil aeronautics, the Secretary of Transportation 

may make project grants under this subchapter from the Airport 

and Airway Trust Fund. 

(b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to make grants from amounts made available under section 

48103 of this title as soon as the amounts are apportioned under 

section 47114(c) and (d)(2) of this title. 

(c) EXPIRATION OF AUTHORITY.—After øJuly 15, 2016¿ September 

30, 2017, the Secretary may not incur obligations under subsection 

(b) of this section, except for obligations of amounts— 

(1) remaining available after that date under section 

47117(b) of this title; or 

(2) recovered by the United States Government from grants 

made under this chapter if the amounts are obligated only for 

increases under section 47108(b)(2) and (3) of this title in the 

maximum amount of obligations of the Government for any 

other grant made under this title. 

§ 47106. Project grant application approval conditioned on 

satisfaction of project requirements 

(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of 

Transportation may approve an application under this subchapter 

for a project grant only if the Secretary is satisfied that— 

(1) the project is consistent with plans (existing at the time 

the project is approved) of public agencies authorized by the 

State in which the airport is located to plan for the development of the area surrounding the airport; 

(2) the project will contribute to carrying out this subchapter; 

(3) enough money is available to pay the project costs that 

will not be paid by the United States Government under this 

subchapter; 

(4) the project will be completed without unreasonable delay; 

(5) the sponsor has authority to carry out the project as 

proposedø; and¿; 

(6) if the project is øfor an airport that has an airport master 

plan, the master plan addresses¿ a master plan project, it will 

address issues relating to solid waste recycling at the airport, 

including— 

(A) the feasibility of solid waste recycling at the airport; 

(B) minimizing the generation of solid waste at the airport; 

(C) operation and maintenance requirements; 

(D) the review of waste management contracts; and 

(E) the potential for cost savings or the generation of 

revenueø.¿; and 


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(7) if the project is at an unclassified airport, the project will 

be funded with an amount apportioned under subsection 

47114(d)(3)(B) and is— 

(A) for maintenance of the pavement of the primary runway; 

(B) for obstruction removal for the primary runway; 

(C) for the rehabilitation of the primary runway; or 

(D) a project that the Secretary considers necessary for 

the safe operation of the airport. 

§ 47107. Project grant application approval conditioned on 

assurances about airport operations 

(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— 

(1) the airport will be available for public use on reasonable 

conditions and without unjust discrimination; 

(2) air carriers making similar use of the airport will be subject to substantially comparable charges— 

(A) for facilities directly and substantially related to providing air transportation; and 

(B) regulations and conditions, except for differences 

based on reasonable classifications, such as between— 

(i) tenants and nontenants; and 

(ii) signatory and nonsignatory carriers; 

(3) the airport operator will not withhold unreasonably the 

classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status; 

(4) a person providing, or intending to provide, aeronautical 

services to the public will not be given an exclusive right to use 

the airport, with a right given to only one fixed-base operator 

to provide services at an airport deemed not to be an exclusive 

right if— 

(A) the right would be unreasonably costly, burdensome, 

or impractical for more than one fixed-base operator to 

provide the services; and 

(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased 

under an existing agreement between the one fixed-base 

operator and the airport owner or operator; 

(5) fixed-base operators similarly using the airport will be 

subject to the same charges; 

(6) an air carrier using the airport may service itself or use 

any fixed-base operator allowed by the airport operator to service any carrier at the airport; 

(7) the airport and facilities on or connected with the airport 

will be operated and maintained suitably, with consideration 

given to climatic and flood conditions; 

(8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary; 

(9) appropriate action will be taken to ensure that terminal 

airspace required to protect instrument and visual operations 

to the airport (including operations at established minimum 


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flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards; 

(10) appropriate action, including the adoption of zoning 

laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that 

are compatible with normal airport operations; 

(11) each of the airport’s facilities developed with financial 

assistance from the United States Government and each of the 

airport’s facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in common with other aircraft, except that if 

the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating 

and maintaining the facility used; 

(12) the airport owner or operator will provide, without 

charge to the Government, property interests of the sponsor in 

land or water areas or buildings that the Secretary decides are 

desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air 

traffic control or navigation; 

(13) the airport owner or operator will maintain a schedule 

of charges for use of facilities and services at the airport— 

(A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and 

(B) without including in the rate base used for the 

charges the Government’s share of costs for any project for 

which a grant is made under this subchapter or was made 

under the Federal Airport Act or the Airport and Airway 

Development Act of 1970; 

(14) the project accounts and records will be kept using a 

standard system of accounting that the Secretary, after consulting with appropriate public agencies, prescribes; 

(15) the airport owner or operator will submit any annual or 

special airport financial and operations reports to the Secretary that the Secretary reasonably requests and make such 

reports available to the public; 

(16) the airport owner or operator will maintain a current 

layout plan of the airport that meets the following requirements: 

(A) the plan will be in a form the Secretary prescribes; 

(B) the Secretary will approve the plan and any revision 

or modification before the plan, revision, or modification 

takes effect; 

(C) the owner or operator will not make or allow any alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves, and the Secretary is of the opinion that the alteration may affect adversely the safety, utility, or efficiency 

of the airport; and 

(D) when an alteration in the airport or its facility is 

made that does not conform to the approved plan and that 

the Secretary decides adversely affects the safety, utility, 

or efficiency of any property on or off the airport that is 


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154 

3 The amendment made to section 47107(a) of title 49, United States Code, shall apply to a 

project grant application submitted for a fiscal year beginning on or after the date that is 2 

years after the date of the enactment of this Act. 

owned, leased, or financed by the Government, the owner 

or operator, if requested by the Secretary, will— 

(i) eliminate the adverse effect in a way the Secretary approves; or 

(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of 

restoring the property or its replacement to the level 

of safety, utility, efficiency, and cost of operation that 

existed before the alteration was made, except in the 

case of a relocation or replacement of an existing airport facility that meets the conditions of section 

47110(d); 

(17) each contract and subcontract for program management, 

construction management, planning studies, feasibility studies, 

architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be 

awarded in the same way that a contract for architectural and 

engineering services is negotiated under chapter 11 of title 40 

or an equivalent qualifications-based requirement prescribed 

for or by the sponsor; 

(18) the airport and each airport record will be available for 

inspection by the Secretary on reasonable request, and a report 

of the airport budget will be available to the public at reasonable times and places; 

(19) the airport owner or operator will submit to the Secretary and make available to the public an annual report listing in detail— 

(A) all amounts paid by the airport to any other unit of 

government and the purposes for which each such payment was made; and 

(B) all services and property provided to other units of 

government and the amount of compensation received for 

provision of each such service and property; 

(20) the airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of 

transportation to have access to the airport, but the sponsor 

does not have any obligation under this paragraph, or because 

of it, to fund special facilities for intercity bus service or for 

other modes of transportation; øand¿ 

(21) if the airport owner or operator and a person who owns 

an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport 

owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may 

imposeø.¿; and 

(22) with respect to a medium or large hub airport, the airport owner or operator will maintain a lactation area in each 

passenger terminal building of the airport in the sterile area (as 

defined in section 1540.5 of title 49, Code of Federal Regulations) of the building.3

(b) WRITTEN ASSURANCES ON USE OF REVENUE.— 


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(1) The Secretary of Transportation may approve a project 

grant application under this subchapter for an airport development project only if the Secretary receives written assurances, 

satisfactory to the Secretary, that local taxes on aviation fuel 

(except taxes in effect on December 30, 1987) and the revenues 

generated by a public airport will be expended for the capital 

or operating costs of— 

(A) the airport; 

(B) the local airport system; or 

(C) other local facilities owned or operated by the airport 

owner or operator and directly and substantially related to 

the air transportation of passengers or property. 

(2) Paragraph (1) of this subsection does not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than 

September 2, 1982, by the owner or operator, provides that the 

revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but 

also the general debt obligations or other facilities of the owner 

or operator. 

(3) This subsection does not prevent the use of a State tax 

on aviation fuel to support a State aviation program or the use 

of airport revenue on or off the airport for a noise mitigation 

purpose. 

(4) This subsection does not prevent the use of airport revenue 

for the maintenance and improvement of the on-airport portion 

of a surface transportation facility providing access to an airport and non-airport locations if the surface transportation facility is owned or operated by the airport owner or operator and 

the use of airport revenue is prorated to airport use and limited 

to portions of the facility located on the airport. The Secretary 

shall determine the maximum percentage contribution of airport revenue toward surface transportation facility maintenance 

or improvement, taking into consideration the current and projected use of the surface transportation facility located on the 

airport for airport and non-airport purposes. The de minimus 

use, as determined by the Secretary, of a surface transportation 

facility for non-airport purposes shall not require prorating. 

* * * * * * * 

(r) COMPETITION DISCLOSURE REQUIREMENT.— (1) IN GENERAL.—The Secretary of Transportation may approve an application under this subchapter for an airport development project grant for a large hub airport or a medium hub 

airport only if the Secretary receives assurances that the airport 

sponsor will provide the information required by paragraph (2) 

at such time and in such form as the Secretary may require. 

(2) COMPETITIVE ACCESS.—On February 1 and August 1 of 

each year, an airport that during the previous 6-month period 

has been unable to accommodate one or more requests by an air 

carrier for access to gates or other facilities at that airport in 

order to provide service to the airport or to expand service at 

the airport shall transmit a report to the Secretary that— 

(A) describes the requests; 


SSpencer on DSK4SPTVN1PROD with REPORTS
156 

(B) provides an explanation as to why the requests could 

not be accommodated; and 

(C) provides a time frame within which, if any, the airport will be able to accommodate the requests. 

(3) SUNSET PROVISION.—This subsection shall cease to be effective beginning ƒJuly 16, 2016≈ October 1, 2017. 

(s) AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO

GENERAL AVIATION AIRPORTS.— 

(1) IN GENERAL.—Subject to paragraph (2), a sponsor of a 

general aviation airport shall not be considered to be in violation of this subtitle, or to be in violation of a grant assurance 

made under this section or under any other provision of law as 

a condition for the receipt of Federal financial assistance for 

airport development, solely because the sponsor enters into an 

agreement that grants to a person that owns residential real 

property adjacent to or near the airport access to the airfield of 

the airport for the following: 

(A) Aircraft of the person. 

(B) Aircraft authorized by the person. 

(2) THROUGH-THE-FENCE AGREEMENTS.— 

(A) IN GENERAL.—An agreement described in paragraph 

(1) between an airport sponsor and a property owner (or an 

association representing such property owner) shall be a 

written agreement that prescribes the rights, responsibilities, charges, duration, and other terms the airport sponsor 

determines are necessary to establish and manage the airport sponsor’s relationship with the property owner. 

(B) TERMS AND CONDITIONS.—An agreement described in 

paragraph (1) between an airport sponsor and a property 

owner (or an association representing such property owner) 

shall require the property owner, at minimum— 

(i) to pay airport access charges that, as determined 

by the airport sponsor, are comparable to those charged 

to tenants and operators on-airport making similar use 

of the airport; 

(ii) to bear the cost of building and maintaining the 

infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to or near the airport access to the airfield of the airport; 

(iii) to maintain the property for residential, noncommercial use for the duration of the agreement; 

(iv) to prohibit access to the airport from other properties through the property of the property owner; and 

(v) to prohibit any aircraft refueling from occurring 

on the property. 

(t) AIRPORTS THAT ENTER INTO CERTAIN LEASES WITH THE

ARMED FORCES.—The Secretary of Transportation may not disapprove a project grant application under this subchapter for an 

airport development project at an airport solely because the airport 

renews a lease for the use, at a nominal rate, of airport property by 

a regular or reserve component of the Armed Forces, including the 

National Guard. 

(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 


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(1) IN GENERAL.—The construction of a covered aircraft shall 

be treated as an aeronautical activity for purposes of— 

(A) determining an airport’s compliance with a grant assurance made under this section or any other provision of 

law; and 

(B) the receipt of Federal financial assistance for airport 

development. 

(2) COVERED AIRCRAFT DEFINED.—In this subsection, the term 

‘‘covered aircraft’’ means an aircraft— 

(A) used or intended to be used exclusively for recreational purposes; and 

(B) constructed or under construction, repair, or restoration by a private individual at a general aviation airport. 

§ 47109. United States Government’s share of project costs 

(a) GENERAL.—Except as otherwise provided in this section, the 

United States Government’s share of allowable project costs is— 

(1) 75 percent for a project at a primary airport having at 

least .25 percent of the total number of passenger boardings 

each year at all commercial service airports; 

(2) not more than 90 percent for a project funded by a grant 

issued to and administered by a State under section 47128, relating to the State block grant program; 

(3) 90 percent for a project at any other airport; 

(4) 70 percent for a project funded by the Administrator from 

the discretionary fund under section 47115 at an airport receiving an exemption under section 47134; and 

ø(5) for fiscal year 2002, 100 percent for a project described 

in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).¿ 

(6) 95 percent for a project at an airport for which the United 

States Government’s share would otherwise be capped at 90 percent under paragraph (2) or paragraph (3) if the Administrator 

determines that the project is a successive phase of a multiphased construction project for which the sponsor received a 

grant in fiscal year 2011 or earlier. 

* * * * * * * 

§ 47110. Allowable project costs 

(a) GENERAL AUTHORITY.—Except as provided in section 47111 of 

this title, the United States Government may pay or be obligated 

to pay, from amounts appropriated to carry out this subchapter, a 

cost incurred in carrying out a project under this subchapter only 

if the Secretary of Transportation decides the cost is allowable. 

(b) ALLOWABLE COST STANDARDS.—A project cost is allowable— 

(1) if the cost necessarily is incurred in carrying out the 

project in compliance with the grant agreement made for the 

project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 

47121(b) or (d) of this title and any cost of moving a Federal 

facility impeding the project if the rebuilt facility is of an 

equivalent size and type; 

(2 


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(A) if the cost is incurred after the grant agreement is 

executed and is for airport development or airport planning carried out after the grant agreement is executed; 

(B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is 

executed) as part of a Government-approved noise 

øcompatability¿ compatibility program (including project 

formulation costs) and is consistent with all applicable 

statutory and administrative requirements; 

(C) if the Government’s share is paid only with amounts 

apportioned under paragraphs (1) and (2) of section 

47114(c) or section 47114(d)(3)(A) and if the cost is incurred— 

(i) after September 30, 1996; 

(ii) before a grant agreement is executed for the 

project; and 

(iii) in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out 

after the grant agreement had been executed; or 

(D) if the cost is for airport development and is incurred 

before execution of the grant agreement, but in the same 

fiscal year as execution of the grant agreement, and if— 

(i) the cost was incurred before execution of the 

grant agreement because the airport has a shortened 

construction season due to øclimactic¿ climatic conditions in the vicinity of the airport; 

(ii) the cost is in accordance with an airport layout 

plan approved by the Secretary and with all statutory 

and administrative requirements that would have 

been applicable to the project if the project had been 

carried out after execution of the grant agreement, including submission of a complete grant application to 

the appropriate regional or district office of the Federal Aviation Administration; 

(iii) the sponsor notifies the Secretary before authorizing work to commence on the project; 

(iv) the sponsor has an alternative funding source 

available to fund the project; and 

(v) the sponsor’s decision to proceed with the project 

in advance of execution of the grant agreement does 

not affect the priority assigned to the project by the 

Secretary for the allocation of discretionary funds; 

(3) to the extent the cost is reasonable in amount; 

(4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted; 

(5) if the total costs allowed for the project are not more than 

the amount stated in the grant agreement as the maximum 

the Government will pay (except as provided in section 

47108(b) of this title); 

(6) if the cost is for a project not described in section 

47102(3) for acquiring for use at a commercial service airport 

vehicles and ground support equipment owned by an airport 


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that include low-emission technology, but only to the extent of 

the incremental cost of equipping such vehicles or equipment 

with low-emission technology, as determined by the Secretary; 

and 

(7) if the cost is incurred on a measure to improve the efficiency of an airport building (such as a measure designed to 

meet one or more of the criteria for being considered a highperformance green building as set forth under section 401(13) 

of the Energy Independence and Security Act of 2007 (42 

U.S.C. 17061(13))) and— 

(A) the measure is for a project for airport development; 

(B) the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; and 

(C) if the measure results in an increase in initial project 

costs, the increase is justified by expected savings over the 

life cycle of the project. 

* * * * * * * 

§ 47113. Minority and disadvantaged business participation 

(a) DEFINITIONS.—In this section— 

(1) ‘‘small business concern’’— 

(A) has the same meaning given that term in section 3 

of the Small Business Act (15 U.S.C. 632); but 

(B) does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts 

over the prior 3 fiscal years of more than $16,015,000, as 

adjusted by the Secretary of Transportation for inflation; 

(2) ‘‘socially and economically disadvantaged individual’’ has 

the same meaning given that term in section 8(d) of the Act 

(15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to 

be socially and economically disadvantaged; and 

(3) the term ‘‘qualified HUBZone small business concern’’ has 

the meaning given that term in section 3(p) of the Small Business Act ø(15 U.S.C. 632(o))¿ (15 U.S.C. 632(p)). 

* * * * * * * 

§ 47114. Apportionments 

(a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’ means the amount newly made available under section 

48103 of this title for a fiscal year. 

(b) APPORTIONMENT DATE.—On the first day of each fiscal year, 

the Secretary of Transportation shall apportion the amount subject 

to apportionment for that fiscal year as provided in this section. 

(c) AMOUNTS APPORTIONED TO SPONSORS.— 

(1) PRIMARY AIRPORTS.— 

(A) APPORTIONMENT.—The Secretary shall apportion to 

the sponsor of each primary airport for each fiscal year an 

amount equal to— 

(i) $7.80 for each of the first 50,000 passenger 

boardings at the airport during the prior calendar 

year; 


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(ii) $5.20 for each of the next 50,000 passenger 

boardings at the airport during the prior calendar 

year; (iii) $2.60 for each of the next 400,000 passenger 

boardings at the airport during the prior calendar 

year; (iv) $.65 for each of the next 500,000 passenger 

boardings at the airport during the prior calendar 

year. (v) $.50 for each additional passenger boarding at 

the airport during the prior calendar year. 

(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not less 

than $650,000 nor more than $22,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport sponsor for a primary airport for each fiscal year. 

(C) SPECIAL RULE.—In any fiscal year in which the total 

amount made available under section 48103 is 

$3,200,000,000 or more— 

(i) the amount to be apportioned to a sponsor under 

subparagraph (A) shall be increased by doubling the 

amount that would otherwise be apportioned; 

(ii) the minimum apportionment to a sponsor under 

subparagraph (B) shall be $1,000,000 rather than 

$650,000; and 

(iii) the maximum apportionment to a sponsor under 

subparagraph (B) shall be $26,000,000 rather than 

$22,000,000. 

(D) NEW AIRPORTS.—Notwithstanding subparagraph (A), 

the Secretary shall apportion on the first day of the first 

fiscal year following the official opening of a new airport 

with scheduled passenger air transportation an amount 

equal to the minimum amount set forth in subparagraph 

(B) or (C), as appropriate, to the sponsor of such airport. 

(E) USE OF PREVIOUS FISCAL YEAR’S APPORTIONMENT.— 

Notwithstanding subparagraph (A), the Secretary may apportion to an airport sponsor in a fiscal year an amount 

equal to the amount apportioned to that sponsor in the 

previous fiscal year if the Secretary finds that— 

(i) passenger boardings at the airport fell below 

10,000 in the calendar year used to calculate the apportionment; 

(ii) the airport had at least 10,000 passenger 

boardings in the calendar year prior to the calendar 

year used to calculate apportionments to airport sponsors in a fiscal year; and 

(iii) the cause of the shortfall in passenger boardings 

was a temporary but significant interruption in service 

by an air carrier to that airport due to an employment 

action, natural disaster, or other event unrelated to 

the demand for air transportation at the affected airport. 

(F) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013.—Notwithstanding subparagraph (A), for an airport that had 

more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either 


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calendar year 2009 or 2010, or in both years, the number 

of passenger boardings decreased to a level below 10,000 

boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009. 

(G) SPECIAL RULE FOR FISCAL YEARS 2016 AND 2017.—Notwithstanding subparagraph (A), the Secretary shall apportion to a sponsor of an airport under that subparagraph for 

each of fiscal years 2016 through 2017 an amount based on 

the number of passenger boardings at the airport during 

calendar year 2012 if the airport— 

(i) had 10,000 or more passenger boardings during 

calendar year 2012; 

(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2016 or 2017 under subparagraph 

(A); and 

(iii) had scheduled air service in the calendar year 

used to calculate the apportionment. 

(2) CARGO AIRPORTS.— (A) APPORTIONMENT.—Subject to subparagraph (D), the 

Secretary shall apportion an amount equal to 3.5 percent 

of the amount subject to apportionment each fiscal year to 

the sponsors of airports served by aircraft providing air 

transportation of only cargo with a total annual landed 

weight of more than 100,000,000 pounds. 

(B) SUBALLOCATION FORMULA.—Any funds apportioned 

under subparagraph (A) to sponsors of airports described 

in subparagraph (A) shall be allocated among those airports in the proportion that the total annual landed weight 

of aircraft described in subparagraph (A) landing at each 

of those airports bears to the total annual landed weight 

of those aircraft landing at all those airports. 

(C) LIMITATION.—In any fiscal year in which the total 

amount made available under section 48103 is less than 

$3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for 

any one airport. 

(D) DISTRIBUTION TO OTHER AIRPORTS.—Before apportioning amounts to the sponsors of airports under subparagraph (A) for a fiscal year, the Secretary may set-aside a 

portion of such amounts for distribution to the sponsors of 

other airports, selected by the Secretary, that the Secretary finds will be served primarily by aircraft providing 

air transportation of only cargo. 

(E) DETERMINATION OF LANDED WEIGHT.—Landed weight 

under this paragraph is the landed weight of aircraft landing at each airport described in subparagraph (A) during 

the prior calendar year. 

* * * * * * * 

§ 47115. Discretionary fund 

* * * * * * * 


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ø(i) CONSIDERATIONS FOR PROJECT UNDER EXPANDED SECURITY

ELIGIBILITY.—In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section 47102(3)(J) for a grant, shall consider the non-Federal resources available to sponsor, the use of 

such non-Federal resources, and the degree to which the sponsor 

is providing increased funding for the project.¿ 

ø(j)¿(i) MARSHALL ISLANDS, MICRONESIA, AND PALAU.—For fiscal 

years 2012 through ø2015 and for the period beginning on October 

1, 2015, and ending on July 15, 2016¿ 2017, the sponsors of airports located in the Republic of the Marshall Islands, Federated 

States of Micronesia, and Republic of Palau shall be eligible for 

grants under this section and section 47116. 

§ 47117. Use of apportioned amounts 

(e) SPECIAL APPORTIONMENT CATEGORIES.— 

(1) The Secretary shall use amounts available to the discretionary fund under section 47115 of this title for each fiscal 

year as follows: 

(A) At least 35 percent, but not more than $300,000,000, 

for grants for airport noise compatibility planning under 

section 47505(a)(2), for carrying out noise compatibility 

programs under section 47504(c)(1), for noise mitigation 

projects approved in an environmental record of decision 

for an airport development project under this title, for 

compatible land use planning and projects carried out by 

State and local governments under section 47141, for airport development described in section 47102(3)(F), 

47102(3)(K), or 47102(3)(L) to comply with the Clean Air 

Act (42 U.S.C. 7401 et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 

U.S.C. 1251 et seq.), approved in an environmental record 

of decision for an airport development project under this 

title. The Secretary may count the amount of grants made 

for such planning and programs with funds apportioned 

under section 47114 in that fiscal year in determining 

whether or not the requirements of the preceding sentence 

are being met in that fiscal year. 

(B) øat least¿ At least 4 percent to sponsors of current 

or former military airports designated by the Secretary 

under section 47118(a) of this title for grants for developing current and former military airports to improve the 

capacity of the national air transportation system and to 

sponsors of noncommercial service airports for grants for 

operational and maintenance expenses at any such airport 

if the amount of such grants to the sponsor of the airport 

does not exceed $30,000 in that fiscal year, if the Secretary 

determines that the airport is adversely affected by the 

closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise 

close if the airport does not receive the grant. 

(C) In any fiscal year in which the total amount made 

available under section 48103 is $3,200,000,000 or more, 

at least two-thirds of 1 percent for grants to sponsors of reliever airports which have— 


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(i) more than 75,000 annual operations; 

(ii) a runway with a minimum usable landing distance of 5,000 feet; 

(iii) a precision instrument landing procedure; 

(iv) a minimum number of aircraft, to be determined 

by the Secretary, based at the airport; and 

(v) been designated by the Secretary as a reliever 

airport to an airport with 20,000 hours of annual 

delays in commercial passenger aircraft takeoffs and 

landings. 

(2) If the Secretary decides that an amount required to be 

used for grants under paragraph (1) of this subsection cannot 

be used for a fiscal year because there are insufficient qualified 

grant applications, the amount the Secretary determines cannot be used is available during the fiscal year for grants for 

other airports or for other purposes for which amounts are authorized for grants under section 48103 of this title. 

(3) PRIORITY.—The Secretary shall give priority in making 

grants under paragraph (1)(A) to applications for airport noise 

compatibility planning and programs at and around— 

(A) Chicago O’Hare International Airport; 

(B) LaGuardia Airport; 

(C) John F. Kennedy International Airport; and 

(D) Ronald Reagan Washington National Airport. * * * 

§ 47119. Terminal development costs 

(a) TERMINAL DEVELOPMENT PROJECTS.— (1) IN GENERAL.—The Secretary of Transportation may approve a project for terminal development (including multimodal 

terminal development) in a nonrevenue-producing public-use 

area of a commercial service airport— 

(A) if the sponsor certifies that the airport, on the date 

the grant application is submitted to the Secretary, has— 

(i) all the safety equipment required for certification 

of the airport under section 44706; 

(ii) all the security equipment required by regulation; and 

(iii) provided for access by passengers to the area of 

the airport for boarding or exiting aircraft that are not 

air carrier aircraft; 

(B) if the cost is directly related to moving passengers 

and baggage in air commerce within the airport, including 

vehicles for moving passengers between terminal facilities 

and between terminal facilities and aircraft; and 

(C) under terms necessary to protect the interests of the 

Government. 

(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREV- ENUE-PRODUCING PARKING LOTS.—In making a decision under 

paragraph (1), the Secretary may approve as allowable costs 

the expenses of terminal development in a revenue-producing 

area and construction, reconstruction, repair, and improvement 

in a nonrevenue-producing parking lot if— 

(A) except as provided in section 47108(e)(3), the airport 

does not have more than .05 percent of the total annual 

passenger boardings in the United States; and 


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(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not 

be deferred because of the Secretary’s approval. 

(3) LACTATION AREAS.—In addition to the projects described 

in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a lactation area at a commercial service airport. 

§ 47124. Agreements for State and local operation of airport 

facilities 

(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of 

Transportation shall ensure that an agreement under this subchapter with a qualified entity (as determined by the Secretary), 

State, or a political subdivision of a State to allow the entity, State, 

or subdivision to operate an airport facility relieves the United 

States Government from any liability arising out of, or related to, 

acts or omissions of employees of the entity, State, or subdivision 

in operating the airport facility. 

(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 

(1) CONTRACT TOWER PROGRAM.— 

(A) CONTINUATION.—The Secretary shall continue the 

low activity (Visual Flight Rules) level I air traffic control 

tower contract program established under subsection (a) of 

this section for towers existing on December 30, 1987, and 

extend the program to other towers as practicable. 

(B) SPECIAL RULE.—If the Secretary determines that a 

tower already operating under the program continued 

under this paragraph has a benefit-to-cost ratio of less 

than 1.0, the airport sponsor or State or local government 

having jurisdiction over the airport shall not be required 

to pay the portion of the costs that exceeds the benefit for 

a period of 18 months øafter such determination is made¿ 

after the end of the period described in subsection (d)(6)(C). 

(C) USE OF EXCESS FUNDS.—If the Secretary finds that 

all or part of an amount made available to carry out the 

program continued under this paragraph is not required 

during a fiscal year, the Secretary may use, during such 

fiscal year, the amount not so required to carry out øthe 

program established under paragraph (3)¿ the Cost-share 

Program. 

(2) GENERAL AUTHORITY.—The Secretary may make a contract with a qualified entity (as determined by the Secretary) 

or, on a sole source basis, with a State or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the entity, 

State, or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that 

the entity, State, or subdivision comply with applicable safety 

regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work 

to carry out the contract. 

(3) øCONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM¿ COSTSHARE PROGRAM.— 


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(A) IN GENERAL.—The Secretary shall establish a program to contract for air traffic control services at nonapproach control towers, as defined by the Secretary, that 

do not qualify for the øcontract tower program established 

under subsection (a) and continued under paragraph (1) 

(in this paragraph referred to as the ‘‘Contract Tower Program’’)¿ Contract Tower Program. (B) PROGRAM COMPONENTS.—øIn carrying out the program¿ In carrying out the Cost-share Program, the Secretary shall— 

(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or 

airport master plan data provided by a facility owner 

or operator and verified by the Secretary; and 

(ii) approve for participation only facilities willing to 

fund a pro rata share of the operating costs of the air 

traffic control tower to achieve a 1-to-1 benefit-to-cost 

ratio using actual site-specific contract tower operating 

costs in any case in which there is an operating air 

traffic control tower, as required for eligibility under 

the Contract Tower Program. 

(C) PRIORITY.—In selecting facilities to øparticipate in 

the program¿ participate in the Cost-share Program, the 

Secretary shall give priority to the following facilities: 

(i) Air traffic control towers that are participating in 

the Contract Tower Program but have been notified 

that they will be terminated from such program because the Secretary has determined that the benefitto-cost ratio for their continuation in such program is 

less than 1.0. 

(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50. 

(iii) Air traffic control towers of the Federal Aviation 

Administration that are closed as a result of the air 

traffic controllers strike in 1981. 

(iv) Air traffic control towers located at airports or 

points at which an air carrier is receiving compensation under the essential air service program under this 

chapter. 

(v) Air traffic control towers located at airports that 

are prepared to assume partial responsibility for maintenance costs. 

(vi) Air traffic control towers located at airports with 

safety or operational problems related to topography, 

weather, runway configuration, or mix of aircraft. 

(vii) Air traffic control towers located at an airport 

at which the community has been operating the tower 

at its own expense. 

(D) COSTS EXCEEDING BENEFITS.—If the costs of operating an air traffic tower øunder the program¿ under the 

Cost-share Program exceed the benefits, the airport sponsor or State or local government having jurisdiction over 

the airport shall pay the portion of the costs that exceed 

such benefit, with the maximum allowable local cost share 

capped at 20 percent. Airports with both Part 121 air servVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00169 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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ice and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost share requirement under the Cost-share Program. 

ø(E) FUNDING.—Of the amounts appropriated pursuant to section 106(k)(1), not more than $10,350,000 for each of 

fiscal years 2012 through 2015 and not more than $ 

5,175,000 for the period beginning on October 1, 2015, and 

ending on March 31, 2016, may be used to carry out this 

paragraph.¿ 

(E) FUNDING.—Of the amounts appropriated under section 106(k)(1), such sums as may be necessary may be used 

to carry out this paragraph. 

(F) USE OF EXCESS FUNDS.—If the Secretary finds that 

all or part of an amount made available under this paragraph is not required during a fiscal year, the Secretary 

may use, during such fiscal year, the amount not so required to carry out øthe program continued under paragraph (1)¿ the Contract Tower Program. 

(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.— 

(A) GRANTS.—The Secretary may provide grants to a 

sponsor of— 

(i) a primary airport— 

(I) from amounts made available under sections 

47114(c)(1) and 47114(c)(2) for the construction or 

improvement of a nonapproach control tower, as 

defined by the Secretary, and for the acquisition 

and installation of air traffic control, communications, and related equipment to be used in that 

tower; 

(II) from amounts made available under sections 

47114(c)(1) and 47114(c)(2) for reimbursement for 

the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 

47107(e), 47112(b), and 47112(c) in constructing or 

improving that tower; and 

(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in 

that tower air traffic control, communications, and 

related equipment that was acquired or installed 

after October 1, 1996; and 

(ii) a public-use airport that is not a primary airport— 

(I) from amounts made available under sections 

47114(c)(2) and 47114(d) for the construction or 

improvement of a nonapproach control tower, as 

defined by the Secretary, and for the acquisition 

and installation of air traffic control, communications, and related equipment to be used in that 

tower; 

(II) from amounts made available under sections 

47114(c)(2) and 47114(d)(3)(A) for reimbursement 

for the cost of construction or improvement of a 


SSpencer on DSK4SPTVN1PROD with REPORTS
167 

nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 

47107(e), 47112(b), and 47112(c) in constructing or 

improving that tower; and 

(III) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and installing in 

that tower air traffic control, communications, and 

related equipment that was acquired or installed 

after October 1, 1996. 

(B) ELIGIBILITY.—An airport sponsor shall be eligible for 

a grant under this paragraph only if— 

(i)(I) the sponsor is a participant in the Federal 

Aviation Administration øcontract tower program established under subsection (a) and continued under 

paragraph (1) or the pilot program established under 

paragraph (3)¿ Contract Tower Program or the Costshare Program; or 

(II) construction of a nonapproach control tower 

would qualify the sponsor to be eligible to participate in such program; 

(ii) the sponsor certifies that it will pay not less than 

10 percent of the cost of the activities for which the 

sponsor is receiving assistance under this paragraph; 

(iii) the Secretary affirmatively accepts the proposed 

contract tower into a contract tower program under 

this section and certifies that the Secretary will seek 

future appropriations to pay the Federal Aviation Administration’s cost of the contract to operate the tower 

to be constructed under this paragraph; 

(iv) the sponsor certifies that it will pay its share of 

the cost of the contract to operate the tower to be constructed under this paragraph; and 

(v) in the case of a tower to be constructed under 

this paragraph from amounts made available under 

section 47114(d)(2) or 47114(d)(3)(B), the Secretary 

certifies that— 

(I) the Federal Aviation Administration has consulted the State within the borders of which the 

tower is to be constructed and the State supports 

the construction of the tower as part of its State 

airport capital plan; and 

(II) the selection of the tower for funding is 

based on objective criteria. 

(C) LIMITATION ON FEDERAL SHARE.—The Federal share 

of the cost of construction of a nonapproach control tower 

under this paragraph may not exceed ø$2,000,000¿ 

$4,000,000. (c) SAFETY AUDITS.—The Secretary shall establish uniform standards and requirements for regular safety assessments of air traffic 

control towers that receive funding under this section. 

(d) COST BENEFIT RATIOS.— 

(1) CONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM AT

COST-SHARE AIRPORTS.—Beginning on the date of enactment of 


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168 

the Federal Aviation Administration Reauthorization Act of 

2016, if an air traffic control tower is operating under the Costshare Program, the Secretary shall annually calculate a new 

benefit-to-cost ratio for the tower. 

(2) CONTRACT TOWER PROGRAM AT NON-COST-SHARE AIR- PORTS.—Beginning on the date of enactment of the Federal 

Aviation Administration Reauthorization Act of 2016, if a tower 

is operating under the Contract Tower Program and continued 

under subsection (b)(1), the Secretary shall not calculate a new 

benefit-to-cost ratio for the tower unless the annual aircraft 

traffic at the airport where the tower is located decreases by 

more than 25 percent from the previous year or by more than 

60 percent over a 3-year period. 

(3) CONSIDERATIONS.—In establishing a benefit-to-cost ratio 

under paragraph (1) or paragraph (2), the Secretary may consider only the following costs: 

(A) The Federal Aviation Administration’s actual cost of 

wages and benefits of personnel working at the tower. 

(B) The Federal Aviation Administration’s actual telecommunications costs of the tower. 

(C) Relocation and replacement costs of equipment of the 

Federal Aviation Administration associated with the tower, 

if paid for by the Federal Aviation Administration. 

(D) Logistics, such as direct costs associated with establishing or updating the tower’s interface with other systems 

and equipment of the Federal Aviation Administration, if 

paid for by the Federal Aviation Administration. 

(4) EXCLUSIONS.—In establishing a benefit-to-cost ratio under 

paragraph (1) or paragraph (2), the Secretary may not consider 

the following costs: 

(A) Airway facilities costs, including labor and other 

costs associated with maintaining and repairing the systems and equipment of the Federal Aviation Administration. 

(B) Costs for depreciating the building and equipment 

owned by the Federal Aviation Administration. 

(C) Indirect overhead costs of the Federal Aviation Administration. 

(D) Costs for utilities, janitorial, and other services paid 

for or provided by the airport or the State or political subdivision of a State having jurisdiction over the airport 

where the tower is located. 

(E) The cost of new or replacement equipment, or construction of a new or replacement tower, if the costs incurred were incurred by the airport or the State or political 

subdivision of a State having jurisdiction over the airport 

where the tower is or will be located. 

(F) Other expenses of the Federal Aviation Administration not directly associated with the actual operation of the 

tower. 

(5) MARGIN OF ERROR.—The Secretary shall add a 5 percent 

margin of error to a benefit-to-cost ratio determination to acknowledge and account for any direct or indirect factors that 

are not included in the criteria the Secretary used in calculating the benefit-to-cost ratio. 


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(6) PROCEDURES.—The Secretary shall establish procedures— 

(A) to allow an airport or the State or political subdivision of a State having jurisdiction over the airport where 

the tower is located not less than 90 days following the receipt of an initial benefit-to-cost ratio determination from 

the Secretary— 

(i) to request the Secretary reconsider that determination; and 

(ii) to submit updated or additional data to the Secretary in support of the reconsideration; 

(B) to allow the Secretary not more than 90 days to review the data submitted under subparagraph (A)(ii) and respond to the request under subparagraph (A)(i); 

(C) to allow the airport, State, or political subdivision of 

a State, as applicable, 30 days following the date of the response under subparagraph (B) to review the response before any action is taken based on a benefit-to-cost determination; and 

(D) to provide, after the end of the period described in 

subparagraph (C), an 18-month grace period before costshare payments are due from the airport, State, or political 

subdivision of a State if as a result of the benefit-to-cost 

ratio determination the airport, State, or political subdivision, as applicable, is required to transition to the Costshare Program. 

(e) DEFINITIONS.—In this section: 

(1) CONTRACT TOWER PROGRAM.—The term ‘‘Contract Tower 

Program’’ means the level I air traffic control tower contract 

program established under subsection (a) and continued under 

subsection (b)(1). 

(2) COST-SHARE PROGRAM.—The term ‘‘Cost-share Program’’ 

means the cost-share program established under subsection 

(b)(3). 

§ 47124a. Accessibility of certain flight data 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATION.—The term ‘‘Administration’’ means the 

Federal Aviation Administration. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Aviation Administration. 

(3) APPLICABLE INDIVIDUAL.—The term ‘‘applicable individual’’ means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight 

record. 

(4) CONTRACT TOWER.—The term ‘‘contract tower’’ means an 

air traffic control tower providing air traffic control services 

pursuant to a contract with the Administration under the contract air traffic control tower program under section 

47124(b)(3). 

(5) COVERED FLIGHT RECORD.—The term ‘‘covered flight 

record’’ means any air traffic data (as defined in section 

2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), 

created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such 


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as contract towers, flight service stations, and controller training programs. 

(b) PROVISION OF COVERED FLIGHT RECORD TO ADMINISTRA- TION.— 

(1) REQUESTS.—Whenever the Administration receives a written request for a covered flight record from an applicable individual and the covered flight record is not in the possession of 

the Administration, the Administrator shall request the covered 

flight record from the contract tower or other contractor of the 

Administration in possession of the covered flight record. 

(2) PROVISION OF RECORDS.—Any covered flight record created, maintained, or controlled by a contract tower or another 

contractor of the Administration that maintains covered flight 

records shall be provided to the Administration if the Administration requests the record pursuant to paragraph (1). 

(3) NOTICE OF PROPOSED CERTIFICATE ACTION.—If the Administrator has issued, or subsequently issues, a Notice of Proposed 

Certificate Action relying on evidence contained in the covered 

flight record and the individual who is the subject of an investigation has requested the record, the Administrator shall 

promptly produce the record and extend the time the individual 

has to respond to the Notice of Proposed Certificate Action until 

the covered flight record is provided. 

(c) IMPLEMENTATION.— (1) IN GENERAL.—Not later than 180 days after the date of 

enactment of the Pilot’s Bill of Rights 2, the Administrator shall 

promulgate regulations or guidance to ensure compliance with 

this section. 

(2) COMPLIANCE BY CONTRACTORS.— 

(A) Compliance with this section by a contract tower or 

other contractor of the Administration that maintains covered flight records shall be included as a material term in 

any contract between the Administration and the contract 

tower or contractor entered into or renewed on or after the 

date of enactment of the Pilot’s Bill of Rights 2. 

(B) Subparagraph (A) shall not apply to any contract or 

agreement in effect on the date of enactment of the Pilot’s 

Bill of Rights 2 unless the contract or agreement is renegotiated, renewed, or modified after that date. 

§ 47128. State block grant program 

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation 

shall issue guidance to carry out a State block grant program. The 

guidance shall provide that the Secretary may designate not more 

than ø9 qualified States for fiscal years 2000 and 2001 and 10 

qualified States for each fiscal year thereafter¿ 15 qualified States 

for fiscal year 2016 and each fiscal year thereafter to assume administrative responsibility for all airport grant amounts available 

under this subchapter, except for amounts designated for use at 

primary airports. 

* * * * * * * 

§ 47133. Restriction on use of revenues 

* * * * * * * 


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(c) RULE OF CONSTRUCTION.— 

(1) Nothing in this section may be construed to prevent the 

use of a State tax on aviation fuel to support a State aviation 

program or the use of airport revenue on or off the airport for 

a noise mitigation purpose. 

(2) Nothing in this section may be construed to prevent the 

use of airport revenue for the prorated maintenance and improvement costs of the on-airport portion of the surface transportation facility, subject to the provisions of section 

47107(b)(4). 

ø§ 47136. Inherently low-emission airport vehicle pilot program 

ø(a) IN GENERAL.—The Secretary of Transportation shall carry 

out a pilot program at not more than 10 public-use airports under 

which the sponsors of such airports may use funds made available 

under section 48103 for use at such airports to carry out inherently 

low-emission vehicle activities. Notwithstanding any other provision of this subchapter, inherently low-emission vehicle activities 

shall for purposes of the pilot program be treated as eligible for assistance under this subchapter. 

ø(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— 

ø(1) IN GENERAL.—A public-use airport shall be eligible for 

participation in the pilot program only if the airport is located 

in an air quality nonattainment area (as defined in section 

171(2) of the Clean Air Act (42 U.S.C. 7501(2)). 

ø(2) SHORTAGE OF CANDIDATES.—If the Secretary receives an 

insufficient number of applications from public-use airports located in such areas, then the Secretary may consider applications from public-use airports that are not located in such 

areas. 

ø(c) SELECTION CRITERIA.—In selecting from among applicants 

for participation in the pilot program, the Secretary shall give priority consideration to applicants that will achieve the greatest air 

quality benefits measured by the amount of emissions reduced per 

dollar of funds expended under the pilot program. 

ø(d) UNITED STATES GOVERNMENT’S SHARE.—Notwithstanding 

any other provision of this subchapter, the United States Government’s share of the costs of a project carried out under the pilot 

program shall be 50 percent. 

ø(e) MAXIMUM AMOUNT.—Not more than $2,000,000 may be expended under the pilot program at any single public-use airport. 

ø(f) TECHNICAL ASSISTANCE.— 

ø(1) IN GENERAL.—The sponsor of a public-use airport carrying out inherently low-emission vehicle activities under the 

pilot program may use not more than 10 percent of the 

amounts made available for expenditure at the airport in a fiscal year under the pilot program to receive technical assistance 

in carrying out such activities. 

ø(2) UNIVERSITY TRANSPORTATION CENTER.—To the maximum extent practicable, participants in the pilot program 

shall use a university transportation center (as defined in section 5506 of this title) in the region of the airport to receive 

technical assistance described in paragraph (1). 


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ø(g) MATERIALS IDENTIFYING BEST PRACTICES.—The Administrator may develop and make available materials identifying best 

practices for carrying out low-emission vehicle activities based on 

the projects carried out under the pilot program and other sources. 

ø(h) REPORT TO CONGRESS.—Not later than 18 months after the 

date of the enactment of this section, the Secretary shall transmit 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing— 

ø(1) an evaluation of the effectiveness of the pilot program; 

ø(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and 

ø(3) a description of the mechanisms used by the Secretary 

to ensure that the information and know-how gained by participants in the pilot program is transferred among the participants and to other interested parties, including other publicuse airports. 

ø(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY DEFINED.—In 

this section, the term ‘‘inherently low-emission vehicle activity’’ 

means— 

ø(1) the construction of infrastructure or modifications at 

public-use airports to enable the delivery of fuel and services 

necessary for the use of vehicles that are certified as inherently 

low-emission vehicles under title 40 of the Code of Federal 

Regulations and that— 

ø(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol; 

ø(B) are labeled in accordance with section 88.312-93(c) 

of such title; and 

ø(C) are located or primarily used at public-use airports; 

ø(2) the construction of infrastructure or modifications at 

public-use airports to enable the delivery of fuel and services 

necessary for the use of nonroad vehicles that— 

ø(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol; 

ø(B) meet or exceed the standards set forth in section 

86.1708-99 of such title or the standards set forth in section 89.112(a) of such title, and are in compliance with the 

requirements of section 89.112(b) of such title; and 

ø(C) are located or primarily used at public-use airports; 

ø(3) the payment of that portion of the cost of acquiring vehicles described in this subsection that exceeds the cost of acquiring other vehicles or engines that would be used for the same 

purpose; or 

ø(4) the acquisition of technological capital equipment to enable the delivery of fuel and services necessary for the use of 

vehicles described in paragraph (1).¿ 

§ 47136a. Zero-emission airport vehicles and infrastructure 

(a) IN GENERAL.—The Secretary of Transportation may establish 

a pilot program under which the sponsor of a public-use airport 


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may use funds made available under section 47117 or section 

48103 for use at such airport to carry out activities associated with 

the acquisition and operation of zero-emission vehicles (as defined 

in section 88.102-94 of title 40, Code of Federal Regulations)ø, including¿ used exclusively for transporting passengers on-airport or 

for employee shuttle buses within the airport, including the construction or modification of infrastructure to facilitate the delivery 

of fuel and services necessary for the use of such vehicles. 

(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— (1) IN GENERAL.—A public-use airport may be eligible for 

participation in the program only if the airport is located in a 

nonattainment area (as defined in section 171 of the Clean Air 

Act (42 U.S.C. 7501)). 

(2) SHORTAGE OF APPLICANTS.—If the Secretary receives an 

insufficient number of applications from public-use airports located in such areas, the Secretary may permit public-use airports that are not located in such areas to participate in the 

program. 

(c) SELECTION CRITERIA.—In selecting from among applicants for 

participation in the program, the Secretary shall give priority consideration to applicants that will achieve the greatest air quality 

benefits measured by the amount of emissions reduced per dollar 

of funds expended under the program. 

(d) FEDERAL SHARE.—Notwithstanding any other provision of 

this subchapter, the Federal share of the costs of a project carried 

out under the program shall be 50 percent. 

(e) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The sponsor of a public-use airport carrying out activities funded under the program may not use 

more than 10 percent of the amounts made available under the 

program in any fiscal year for technical assistance in carrying 

out such activities. 

(2) USE OF UNIVERSITY TRANSPORTATION CENTER.—Participants in the program may use a university transportation center receiving grants under section 5506 in the region of the airport to receive the technical assistance described in paragraph 

(1). 

(f) MATERIALS IDENTIFYING BEST PRACTICES.—The Secretary may 

develop and make available materials identifying best practices for 

carrying out activities funded under the program based on projects 

carried out under section 47136, as in effect on the day before the 

date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, and other sources. 

§ 47137. Airport security program 

(a) GENERAL AUTHORITY.—To improve security at public airports 

in the United States, the Secretary of øTransportation¿ Homeland 

Security shall carry out not less than one project to test and evaluate innovative aviation security systems and related technology. 

(b) PRIORITY.—In carrying out this section, the Secretary shall 

give the highest priority to a request from an eligible sponsor for 

a grant to undertake a project that— 

(1) evaluates and tests the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and airVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00177 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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craft physical security, access control, and passenger and baggage screening; and 

(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment. 

(c) MATCHING SHARE.—Notwithstanding section 47109, the 

United States Government’s share of allowable project costs for a 

project under this section shall be 100 percent. 

(d) TERMS AND CONDITIONS.—The Secretary may establish such 

terms and conditions as the Secretary determines appropriate for 

carrying out a project under this section, including terms and conditions relating to the form and content of a proposal for a project, 

project assurances, and schedule of payments. 

(e) ADMINISTRATION.—The Secretary, in cooperation with the Secretary of øHomeland Security¿ Transportation, shall administer 

the program authorized by this section. 

(f) ELIGIBLE SPONSOR DEFINED.—In this section, the term ‘‘eligible sponsor’’ means a nonprofit corporation composed of a consortium of public and private persons, including a sponsor of a primary airport, with the necessary engineering and technical expertise to successfully conduct the testing and evaluation of airport 

and aircraft related security systems. 

(g) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts made 

available to the Secretary of Transportation under section 47115 in 

a fiscal year, the Secretary shall make available not less than 

$5,000,000 for the purpose of carrying out this section. 

ø§ 47140. Airport ground support equipment emissions retrofit pilot program 

ø(a) IN GENERAL.—. The Secretary of Transportation shall carry 

out a pilot program at not more than 10 commercial service airports under which the sponsors of such airports may use an 

amount made available under section 48103 to retrofit existing eligible airport ground support equipment that burns conventional 

fuels to achieve lower emissions utilizing emission control technologies certified or verified by the Environmental Protection Agency. 

ø(b) LOCATION IN AIR QUALITY NONATTAINMENT OR MAINTENANCE AREAS.—A commercial service airport shall be eligible for 

participation in the pilot program only if the airport is located in 

an air quality nonattainment area (as defined in section 171(2) of 

the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a). 

ø(c) SELECTION CRITERIA.—In selecting from among applicants 

for participation in the pilot program, the Secretary shall give priority consideration to applicants that will achieve the greatest air 

quality benefits measured by the amount of emissions reduced per 

dollar of funds expended under the pilot program. 

ø(d) MAXIMUM AMOUNT.—Not more than $500,000 may be expended under the pilot program at any single commercial service 

airport. 

ø(e) GUIDELINES.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish 

guidelines regarding the types of retrofit projects eligible under the 

pilot program by considering remaining equipment useful life, 

amounts of emission reduction in relation to the cost of projects, 


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and other factors necessary to carry out this section. The Secretary 

may give priority to ground support equipment owned by the airport and used for airport purposes. 

ø(f) ELIGIBLE EQUIPMENT DEFINED.—In this section, the term ‘‘eligible equipment’’ means ground service or maintenance equipment 

that is located at the airport, is used to support aeronautical and 

related activities at the airport, and will remain in operation at the 

airport for the life or useful life of the equipment, whichever is earlier.¿ 

§ 47140a. Increasing the energy efficiency of airport power 

sources 

(a) IN GENERAL.—The Secretary of Transportation shall establish 

a program under which the Secretary shall encourage the sponsor 

of each public-use airport to assess the airport’s energy requirements, including heating and cooling, base load, back-up power, 

and power for on-road airport vehicles and ground support equipment, in order to identify opportunities to increase energy efficiency at the øairport.¿ airport, and to reimburse the airport sponsor for the costs incurred in conducting the assessment. 

(b) GRANTS.— 

(1) IN GENERAL.—The Secretary may make grants from 

amounts made available under section 48103 to assist airport 

sponsors that have completed the assessment described in subsection (a) to acquire or construct equipment, including hydrogen equipment and related infrastructure, that will increase 

energy efficiency at the airport. 

(2) APPLICATION.—To be eligible for a grant under paragraph 

(1), the sponsor of a public-use airport shall submit an application, including a certification that no safety projects would be 

deferred by prioritizing a grant under this section, to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

§ 47141. Compatible land use planning and projects by State 

and local governments 

* * * * * * * 

(f) SUNSET.—This section shall not be in effect after øJuly 15, 

2016¿ September 30, 2017. 

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

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may carry out a pilot program to support non-Federal 

acquisition and installation of qualifying non-movement area surveillance surface display systems and sensors if— 

(1) the Administrator determines that acquisition and installation of qualifying non-movement area surveillance surface 

display systems and sensors improve safety or capacity in the 

National Airspace System; and 

(2) the non-movement area surveillance surface display systems and sensors are supplemental to existing movement area 

systems and sensors at the selected airports established under 

other programs administered by the Administrator. 

(b) PROJECT GRANTS.— 


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(1) IN GENERAL.—For purposes of carrying out the pilot program, the Administrator may make a project grant out of funds 

apportioned under paragraph (1) or paragraph (2) of section 

47114(c) to not more than 5 eligible sponsors to acquire and install qualifying non-movement area surveillance surface display 

systems and sensors. The Administrator may distribute not 

more than $2,000,000 per sponsor from the discretionary fund. 

The airports selected to participate in the pilot program shall 

have existing Federal Aviation Administration movement area 

systems and airlines that are participants in Federal Aviation 

Administration’s Airport Collaborative Decision Making process. 

(2) PROCEDURES.—In accordance with the authority under 

section 106, the Administrator may establish procurement procedures applicable to grants issued under this subsection. The 

procedures may permit the sponsor to carry out the project with 

vendors that have been accepted in the procurement procedure 

or using Federal Aviation Administration contracts. The procedures may provide for the direct reimbursement (including administrative costs) of the Administrator by the sponsor using 

grant funds under this subsection, for the ordering of systemrelated equipment and its installation, or for the direct ordering 

of system-related equipment and its installation by the sponsor, 

using such grant funds, from the suppliers with which the Administrator has contracted. 

(3) DATA EXCHANGE PROCESSES.—The Administrator may establish data exchange processes to allow airport participation 

in the Federal Aviation Administration’s Airport Collaborative 

Decision Making process and fusion of the non-movement surveillance data with the Administration’s movement area systems. 

(c) DEFINITIONS.—In this section: 

(1) NON-MOVEMENT AREA.—The term ‘‘non-movement area’’ is 

the portion of the airfield surface that is not under the control 

of air traffic control. 

(2) NON-MOVEMENT AREA SURVEILLANCE SURFACE DISPLAY

SYSTEM AND SENSORS.—The term ‘‘non-movement area surveillance surface display system and sensors’’ is a non-Federal surveillance system that uses on-airport sensors that track vehicles 

or aircraft that are equipped with transponders in the nonmovement area. 

(3) QUALIFYING NON-MOVEMENT AREA SURVEILLANCE SURFACE

DISPLAY SYSTEM AND SENSORS.—The term ‘‘qualifying nonmovement area surveillance surface display system and sensors’’ 

is a non-movement area surveillance surface display system 

that— 

(A) provides the required transmit and receive data formats consistent with the National Airspace System architecture at the appropriate service delivery point; 

(B) is on-airport; and 

(C) is airport operated. 

§ 47144. Use of funds for repairs for runway safety repairs 

(a) IN GENERAL.—The Secretary of Transportation may make 

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section (b) from funds under section 47114 apportioned to that airport or funds available for discretionary grants to that airport 

under section 47115 to conduct airport development to repair the 

runway safety area of the airport damaged as a result of a natural 

disaster in order to maintain compliance with the regulations of the 

Federal Aviation Administration relating to runway safety areas, 

without regard to whether construction of the runway safety area 

damaged was carried out using amounts the airport received under 

this subchapter. 

(b) AIRPORTS DESCRIBED.—An airport is described in this subsection if— 

(1) the airport is a public-use airport; 

(2) the airport is listed in the National Plan of Integrated 

Airport Systems of the Federal Aviation Administration; 

(3) the runway safety area of the airport was damaged as a 

result of a natural disaster; 

(4) the airport was denied funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

4121 et seq.) with respect to the disaster; 

(5) the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers 

thereof) whose action or inaction may have contributed to the 

need for the repair of the runway safety area; 

(6) there is still a demonstrated need for the runway safety 

area to accommodate current or imminent aeronautical demand; and 

(7) the cost of repairing or replacing the runway safety area 

is reasonable in relation to the anticipated operational benefit 

of repairing the runway safety area, as determined by the Administrator of the Federal Aviation Administration. 

SUBCHAPTER III. AVIATION DEVELOPMENT STREAMLINING

§ 47171. Expedited, coordinated environmental review process 

* * * * * * * 

(l) SOLICITATION AND CONSIDERATION OF COMMENTS.—In applying subsections (j) and (k), the Secretary shall solicit and consider 

comments from interested persons and governmental entities in accordance with the National Environmental Policy Act of 1969 (42 

U.S.C. ø4371¿ 4321 et seq.). 

(m) MONITORING BY TASK FORCE.—The Transportation Infrastructure Streamlining Task Force, established by Executive Order 

13274 (67 Fed. Reg. 59449; relating to environmental stewardship 

and transportation infrastructure project reviews), may monitor 

airport projects that are subject to the coordinated review process 

under this section. 

CHAPTER 475. NOISE

SUBCHAPTER I. NOISE ABATEMENT

§ 47503. Noise exposure maps 

(a) SUBMISSION AND PREPARATION.—An airport operator may 

submit to the Secretary of Transportation a noise exposure map 

showing the noncompatible uses in each area of the map on the 


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date the map is submitted, a description of estimated aircraft operations during a forecast period that is at least 5 years in the future 

and how those operations will affect the map. The map shall— 

(1) be prepared in consultation with public agencies and 

planning authorities in the area surrounding the airport; and 

(2) comply with regulations prescribed under section 47502 

of this title. 

(b) REVISED MAPS.—If, in an area surrounding an airport, øa 

change in the operation of the airport would establish¿ there is a 

change in the operation of the airport that would establish a substantial new noncompatible use, or would significantly reduce noise 

over existing noncompatible uses, that is not reflected in either the 

existing conditions map or forecast map currently on file with the 

Federal Aviation Administration, the airport operator shall submit 

a revised noise exposure map to the Secretary showing the new 

noncompatible use or noise reduction if the change has occurred 

during the longer of— 

(1) the noise exposure map period forecast by the airport operator under subsection (a); or 

(2) the implementation timeframe of the operator’s noise compatibility program. 

PART C. FINANCING

CHAPTER 481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

§ 48101. Air navigation facilities and equipment 

(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more 

than a total of the following amounts may be appropriated to the 

Secretary of Transportation out of the Airport and Airway Trust 

Fund established under section 9502 of the Internal Revenue Code 

of 1986 (26 U.S.C. 9502) to acquire, establish, and improve air 

navigation facilities under section 44502(a)(1)(A) of this title: 

ø(1) $2,731,000,000 for fiscal year 2012. 

ø(2) $2,715,000,000 for fiscal year 2013. 

ø(3) $2,730,000,000 for fiscal year 2014. 

ø(4) $2,730,000,000 for fiscal year 2015. 

ø(5) $1,300,000,000 for the period beginning on October 1, 

2015, and ending on March 31, 2016.¿ 

(1) $2,855,241,025 for fiscal year 2016. 

(2) $2,862,020,524 for fiscal year 2017. 

(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under 

this section remain available until expended. 

(c) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED

WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appropriated under subsection (a), such sums as may be necessary may 

be used for the implementation and use of upgrades to the current 

automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated. 

(d) LIFE-CYCLE COST ESTIMATES.—The Administrator of the Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total lifecycle costs of which equal or exceed $50,000,000. 


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§ 48102. Research and development 

(a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under 

section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) 

for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and ø44511-44513¿ 44512-44513 

of this title øand, for each of fiscal years 2012 through 2015, under 

subsection (g)¿: 

(1) for fiscal year 2004, $346,317,000, including— (A) $65,000,000 for Improving Aviation Safety; 

(B) $24,000,000 for Weather Safety Research; 

(C) $27,500,000 for Human Factors and Aeromedical Research; (D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,000,000 for Research Mission Support; 

(F) $10,000,000 for the Airport Cooperative Research 

Program; (G) $1,500,000 for carrying out subsection (h) of this section; (H) $42,800,000 for Advanced Technology Development 

and Prototyping; (I) $30,300,000 for Safe Flight 21; 

(J) $90,800,000 for the Center for Advanced Aviation 

System Development; (K) $9,667,000 for Airports Technology-Safety; and 

(L) $7,750,000 for Airports Technology-Efficiency; (2) for fiscal year 2005, $356,192,000, including— (A) $65,705,000 for Improving Aviation Safety; 

(B) $24,260,000 for Weather Safety Research; 

(C) $27,800,000 for Human Factors and Aeromedical Research; (D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,076,000 for Research Mission Support; 

(F) $10,000,000 for the Airport Cooperative Research 

Program; 

(G) $1,650,000 for carrying out subsection (h) of this section; 

(H) $43,300,000 for Advanced Technology Development 

and Prototyping; 

(I) $31,100,000 for Safe Flight 21; 

(J) $95,400,000 for the Center for Advanced Aviation 

System Development; 

(K) $2,200,000 for Free Flight Phase 2; 

(L) $9,764,000 for Airports Technology-Safety; and 

(M) $7,828,000 for Airports Technology-Efficiency; 

(3) for fiscal year 2006, $352,157,000, including— 

(A) $66,447,000 for Improving Aviation Safety; 

(B) $24,534,000 for Weather Safety Research; 


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(C) $28,114,000 for Human Factors and Aeromedical Research; 

(D) $30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; 

(E) $7,156,000 for Research Mission Support; 

(F) $10,000,000 for the Airport Cooperation Research 

Program; 

(G) $1,815,000 for carrying out subsection (h) of this section; 

(H) $42,200,000 for Advanced Technology Development 

and Prototyping; 

(I) $23,900,000 for Safe Flight 21; 

(J) $100,000,000 for the Center for Advanced Aviation 

System Development; 

(K) $9,862,000 for Airports Technology-Safety; and 

(L) $7,906,000 for Airports Technology-Efficiency; 

(4) for fiscal year 2007, $356,261,000, including— 

(A) $67,244,000 for Improving Aviation Safety; 

(B) $24,828,000 for Weather Safety Research; 

(C) $28,451,000 for Human Factors and Aeromedical Research; 

(D) $30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; 

(E) $7,242,000 for Research Mission Support; 

(F) $10,000,000 for the Airport Cooperation Research 

Program; 

(G) $1,837,000 for carrying out subsection (h) of this section; 

(H) $42,706,000 for Advanced Technology Development 

and Prototyping; 

(I) $24,187,000 for Safe Flight 21; 

(J) $101,200,000 for the Center for Advanced Aviation 

System Development; 

(K) $9,980,000 for Airports Technology-Safety; and 

(L) $8,000,000 for Airports Technology-Efficiency; 

(5) $171,000,000 for fiscal year 2009; 

(6) $190,500,000 for fiscal year 2010; 

(7) $170,000,000 for fiscal year 2011; 

(8) $168,000,000 for each of fiscal years 2012 through 2015ø; 

and¿; 

ø(9) $78,375,000 for the period beginning on October 1, 2015, 

and ending on March 31, 2016.¿ 

(9) $166,000,000 for fiscal year 2016; and 

(10) $169,000,000 for fiscal year 2017. 

(b) RESEARCH PRIORITIES.— 

(1) The Administrator shall consider the advice and recommendations of the research advisory committee established 

by section 44508 of this title in establishing priorities among 

major categories of research and development activities carried 

out by the Federal Aviation Administration. 


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(2) At least 15 percent of the amount appropriated under 

subsection (a) of this section shall be for long-term research 

projects. 

ø(3) At least 3 percent of the amount appropriated under 

subsection (a) of this section shall be available to the Administrator of the Federal Aviation Administration to make grants 

under section 44511 of this title.¿ 

* * * * * * * 

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

(a) IN GENERAL.—There shall be available to the Secretary of 

Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 to 

make grants for airport planning and airport development under 

section 47104, airport noise compatibility planning under øsection 

47505(a)(2), and carrying out noise compatibility programs under 

section 47504(c) $3,350,000,000 for each of fiscal years 2012 

through 2015 and $2,652,083,333 for the period beginning on October 1, 2015, and ending on July 15, 2016¿ section 47505(a)(2), carrying out noise compatibility programs under section 47504(c), for 

an airport cooperative research program under section 44511, for 

Airports Technology-Safety research, and Airports Technology-Efficiency research, $3,350,000,000 for fiscal year 2016 and 

$3,750,000,000 for fiscal year 2017. 

(b) AVAILABILITY OF AMOUNTS.—Amounts made available under 

subsection (a) shall remain available until expended. 

§ 48114. Funding for aviation programs 

(a) AUTHORIZATION OF APPROPRIATIONS.— 

(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.— 

ø(A) IN GENERAL.—The total budget resources made 

available from the Airport and Airway Trust Fund each 

fiscal year pursuant to sections 48101, 48102, 48103, and 

106(k) shall— 

ø(i) in fiscal year 2013, be equal to 90 percent of the 

estimated level of receipts plus interest credited to the 

Airport and Airway Trust Fund for that fiscal year; 

and 

ø(ii) in fiscal year 2014 and each fiscal year thereafter, be equal to the sum of— 

ø(I) 90 percent of the estimated level of receipts 

plus interest credited to the Airport and Airway 

Trust Fund for that fiscal year; and 

ø(II) the actual level of receipts plus interest 

credited to the Airport and Airway Trust Fund for 

the second preceding fiscal year minus the total 

amount made available for obligation from the 

Airport and Airway Trust Fund for the second 

preceding fiscal year. 

øSuch amounts may be used only for the aviation investment 

programs listed in subsection (b)(1).¿ 


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(A) IN GENERAL.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal 

year under sections 48101, 48102, 48103, and 106(k)— 

(i) shall in each of fiscal years 2016 through 2017, 

be equal to the sum of— 

(I) 90 percent of the estimated level of receipts 

plus interest credited to the Airport and Airway 

Trust Fund for that fiscal year; and 

(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the 

second preceding fiscal year minus the total 

amount made available for obligation from the 

Airport and Airway Trust Fund for the second preceding fiscal year; and 

(ii) may be used only for the aviation investment programs listed in subsection (b)(1). 

ø(B) GUARANTEE.—No funds may be appropriated or limited for aviation investment programs listed in subsection 

(b)(1) unless the amount described in subparagraph (A) 

has been provided.¿ 

(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM

THE GENERAL FUND.—In any fiscal year through fiscal year 

2016, if the amount described in paragraph (1) is appropriated, 

there is further authorized to be appropriated from the general 

fund of the Treasury such sums as may be necessary for the 

Federal Aviation Administration Operations account. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) TOTAL BUDGET RESOURCES.—The term ‘‘total budget resources’’ means the total amount made available from the Airport and Airway Trust Fund for the sum of obligation limitations and budget authority made available for a fiscal year for 

the following budget accounts that are subject to the obligation 

limitation on contract authority provided in this title and for 

which appropriations are provided pursuant to authorizations 

contained in this title: 

(A) 69-8106-0-7-402 (Grants in Aid for Airports). 

(B) 69-8107-0-7-402 (Facilities and Equipment). 

(C) 69-8108-0-7-402 (Research and Development). 

(D) 69-8104-0-7-402 (Trust Fund Share of Operations). 

(2) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST.—The term 

‘‘estimated level of receipts plus interest’’ means the level of excise taxes and interest credited to the Airport and Airway 

Trust Fund under section 9502 of the Internal Revenue Code 

of 1986 for a fiscal year as set forth in the President’s budget 

baseline projection as defined in section 257 of the Balanced 

Budget and Emergency Deficit Control Act of 1985 (Public Law 

99-177) (Treasury identification code 20-8103-0-7-402) for that 

fiscal year submitted pursuant to section 1105 of title 31, 

United States Code. 

(c) ENFORCEMENT OF GUARANTEES.— (1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.—It 

shall not be in order in the House of Representatives or the 

Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs deVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00186 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX SR428

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scribed in subsection (b) to be less than the amount required 

by subsection (a)(1)(A) for such fiscal year. 

(2) CAPITAL PRIORITY.—It shall not be in order in the House 

of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides 

an appropriation (or any amendment thereto) for any fiscal 

year through fiscal year ø2016¿ 2017 for Research and Development or Operations if the sum of the obligation limitation for 

Grants-in-Aid for Airports and the appropriation for Facilities 

and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities 

and Equipment for such fiscal year. 

§ 48104. Operations and maintenance 

ø(a) AUTHORIZATION OF APPROPRIATIONS.—the¿ The balance of 

the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 

U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for— 

(1) direct costs the Secretary incurs to flight check, operate, 

and maintain air navigation facilities referred to in section 

44502(a)(1)(A) of this title safely and efficiently; and 

(2) the costs of services provided under international agreements related to the joint financing of air navigation services 

assessed against the United States Government. 

RAILWAY LABOR ACT 

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

SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD. 

[45 U.S.C. 165] 

(a) EVALUATION AND AUDIT OF MEDIATION BOARD.— 

(1) IN GENERAL.—In order to promote economy, efficiency, 

and effectiveness in the administration of the programs, operations, and activities of the Mediation Board, the Comptroller 

General of the United States shall evaluate and audit the programs and expenditures of the Mediation Board. Such an evaluation and audit shall be conducted not less frequently than 

every ø2 years¿ 4 years, but may be conducted as determined 

necessary by the Comptroller General or the appropriate congressional committees. 

(2) RESPONSIBILITY OF COMPTROLLER GENERAL.—In carrying 

out the evaluation and audit required under paragraph (1), the 

Comptroller General shall evaluate and audit the programs, 

operations, and activities of the Mediation Board, including, at 

a minimum— 

(A) information management and security, including privacy protection of personally identifiable information; 

(B) resource management; 

(C) workforce development; 

(D) procurement and contracting planning, practices, 

and policies; 

(E) the extent to which the Mediation Board follows 

leading practices in selected management areas; and 


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(F) the processes the Mediation Board follows to address 

challenges in— 

(i) initial investigations of applications requesting 

that an organization or individual be certified as the 

representative of any craft or class of employees; 

(ii) determining and certifying representatives of 

employees; and 

(iii) ensuring that the process occurs without interference, influence, or coercion. 

* * * * * * * 

INTERNAL REVENUE CODE OF 1986 

§ 9502. Airport and Airway Trust Fund 

* * * * * * * 

(d) EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.— 

(1) * * * 

(2) TRANSFERS FROM AIRPORT AND AIRWAY TRUST FUND ON

ACCOUNT OF CERTAIN REFUNDS.—The Secretary of the Treasury 

shall pay from time to time from the Airport and Airway Trust 

Fund into the general fund of the Treasury amounts equivalent 

to the amounts paid after August 31, 1982, in respect of fuel 

used in aircraft, under section 6420 (relating to amounts paid 

in respect of gasoline used on øfarms¿ farms), 6421 (relating 

to amounts paid in respect of gasoline used for certain nonhighway purposes), or 6427 (relating to fuels not used for taxable purposes) (other than subsection (l)(4) thereof). 

* * * * * * * 

VISION 100—CENTURY OF AVIATION REAUTHORIZATION 

ACT 

[Public Law 108–176; 117 Stat. 2490] 

SEC. 186. MIDWAY ISLAND AIRPORT. 

(a) FINDINGS.—Congress finds that the continued operation of the 

Midway Island Airport in accordance with the standards of the 

Federal Aviation Administration applicable to commercial airports 

is critical to the safety of commercial, military, and general aviation in the mid-Pacific Ocean region. 

(b) MEMORANDUM OF UNDERSTANDING ON SALE OF AIRCRAFT

FUEL.—The Secretaries of Transportation, Defense, Interior, and 

Homeland Security shall enter into a memorandum of understanding to facilitate the sale of aircraft fuel on Midway Island at 

a price that will generate sufficient revenue to improve the ability 

of the airport to operate on a self-sustaining basis in accordance 

with the standards of the Federal Aviation Administration applicable to commercial airports. The memorandum shall also address 

the long-range potential of promoting tourism as a means to generate revenue to operate the airport. 

(c) TRANSFER OF NAVIGATION AIDS AT MIDWAY ISLAND AIRPORT.— 

The Midway Island Airport may transfer, without consideration, to 

the Administrator the navigation aids at the airport. The Administrator shall accept the navigation aids and operate and maintain 

the navigation aids under criteria of the Administrator. 


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(d) FUNDING TO SECRETARY OF THE INTERIOR FOR MIDWAY ISLAND AIRPORT.—The Secretary of Transportation may enter into a 

reimbursable agreement with the Secretary of the Interior for the 

purpose of funding airport development, as defined in section 

47102(3) of title 49, United States Code, at Midway Island Airport 

for fiscal years 2012 through 2015 øand for the period beginning 

on October 1, 2015, and ending on July 15, 2016,¿ and for fiscal 

years 2016 through 2017 from amounts available in the discretionary fund established by section 47115 of such title. The maximum obligation under the agreement for any such fiscal year shall 

be $2,500,000. 

SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY 

COMMITTEE. 

[49 U.S.C. 40101 note] 

(a) IN GENERAL.—The Secretary of Transportation shall establish 

a senior policy committee to work with the Next Generation Air 

Transportation System Joint Planning and Development Office. 

The senior policy committee shall be chaired by the Secretary and 

shall meet at least twice each year. 

(b) MEMBERSHIP.—In addition to the Secretary, the senior policy 

committee shall be composed of— 

(1) the Administrator of the Federal Aviation Administration 

(or the Administrator’s designee); 

(2) the Administrator of the National Aeronautics and Space 

Administration (or the Administrator’s designee); 

(3) the Secretary of Defense (or the Secretary’s designee); 

(4) the Secretary of Homeland Security (or the Secretary’s 

designee); 

(5) the Secretary of Commerce (or the Secretary’s designee); 

(6) the Director of the Office of Science and Technology Policy (or the Director’s designee); and 

(7) designees from other Federal agencies determined by the 

Secretary of Transportation to have an important interest in, 

or responsibility for, other aspects of the system. 

(c) FUNCTION.—The senior policy committee shall— 

(1) advise the Secretary of Transportation regarding the national goals and strategic objectives for the transformation of 

the Nation’s air transportation system to meet its future needs; 

(2) provide policy guidance for the integrated plan for the air 

transportation system to be developed by the Next Generation 

Air Transportation System Joint Planning and Development 

Office; 

(3) provide ongoing policy review for the transformation of 

the air transportation system; 

(4) identify resource needs and make recommendations to 

their respective agencies for necessary funding for planning, 

research, and development activities; and 

(5) make legislative recommendations, as appropriate, for the 

future air transportation system. 

(d) CONSULTATION.—In carrying out its functions under this section, the senior policy committee shall consult with, and ensure 

participation by, the private sector (including representatives of 

general aviation, commercial aviation, aviation labor, and the space 

industry), members of the public, and other interested parties and 


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may do so through a special advisory committee composed of such 

representatives. 

(e) ANNUAL REPORT.— 

(1) SUBMISSION TO CONGRESS.—Not later than 1 year after 

the date of enactment of this subsection, and annually thereafter on the date of submission of the President’s budget request to Congress under section 1105(a) of title 31, United 

States Code, the Secretary shall submit to Congress a report 

summarizing the progress made in carrying out the integrated 

work plan required by section 709(b)(5) and any changes in 

that plan. 

(2) CONTENTS.—The report shall include— 

(A) a copy of the updated integrated work plan; 

(B) a description of the progress made in carrying out 

the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget; 

(C) a detailed description of— 

(i) the success or failure of each item of the integrated work plan for the previous year and relevant 

information as to why any milestone was not met; and 

(ii) the impact of not meeting the milestone and 

what actions will be taken in the future to account for 

the failure to complete the milestone; 

(D) an explanation of any change to future years in the 

integrated work plan and the reasons for such changeø; 

and¿; 

(E) an identification of the levels of funding for each 

agency participating in the integrated work plan devoted 

to programs and activities under the plan for the previous 

fiscal year and in the President’s budget requestø.¿; and 

(F) a description of the progress made in meeting the annual NextGen performance goals relative to the performance metrics established under section 214 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 

U.S.C. 40101 note). 

FAA MODERNIZATION AND REFORM ACT OF 2012 

[Public Law 112–95; 126 Stat. 11] 

øSEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS. 

[49 U.S.C. 40101 note] 

øIn allocating amounts appropriated pursuant to section 

48101(a) of title 49, United States Code, the Secretary of Transportation shall give priority to the following NextGen activities: 

ø(1) Next Generation Transportation System—Demonstrations and Infrastructure Development. 

ø(2) Next Generation Transportation System—Trajectory 

Based Operations. 

ø(3) Next Generation Transportation System—Reduce 

Weather Impact. 

ø(4) Next Generation Transportation System—Arrivals/Departures at High Density Airports. 

ø(5) Next Generation Transportation System—Collaborative 

ATM. 


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ø(6) Next Generation Transportation System—Flexible Terminals and Airports. 

ø(7) Next Generation Transportation System—Safety, Security, and Environment. 

ø(8) Next Generation Transportation System—Systems Network Facilities. 

ø(9) Center for Advanced Aviation System Development. 

ø(10) Next Generation Transportation System—System Development. 

ø(11) Data Communications in support of Next Generation 

Air Transportation System. 

ø(12) ADS-B NAS-Wide Implementation. 

ø(13) System-Wide Information Management. 

ø(14) Next Generation Transportation System—Facility Consolidation and Realignment. 

ø(15) En Route Modernization—D-Position Upgrade and System Enhancements. 

ø(16) National Airspace System Voice System. 

ø(17) Next Generation Network Enabled Weather. 

ø(18) NextGen Performance Based Navigation Metroplex 

Area Navigation/Required Navigation Performance.¿ 

SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

* * * * * * * 

(c) COORDINATED AND EXPEDITED REVIEW.— (1) IN GENERAL.—Navigation performance and area navigation procedures developed, certified, published, or implemented 

under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code 

of Federal Regulations) under chapter 3 of FAA Order 1050.1E 

unless the Administrator determines that extraordinary circumstances exist with respect to the procedure. 

(2) NextGen procedures. Any navigation performance or 

other performance based navigation procedure developed, certified, published, or implemented that, in the determination of 

the Administrator, would result in measurable reductions in 

fuel consumption, carbon dioxide emissions, and noise, on a per 

flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, 

shall be presumed to have no significant affect on the quality 

of the human environment and the Administrator shall issue 

and file a categorical exclusion for the new procedure. 

(d) DEPLOYMENT PLAN FOR NATIONWIDE DATA COMMUNICATIONS

SYSTEM.—Not later than 1 year after the date of enactment of this 

Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include— 

(1) clearly defined budget, schedule, project organization, and 

leadership requirements; 

(2) specific implementation and transition steps; and 

(3) baseline and performance metrics for measuring the Administration’s progress in implementing the plan. 

(e) IMPROVED PERFORMANCE STANDARDS.— 


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(1) ASSESSMENT OF WORK BEING PERFORMED UNDER NEXTGEN

IMPLEMENTATION PLAN.—The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine— 

(A) whether utilization of ADS-B, RNP, and other technologies as part of NextGen implementation will display 

the position of aircraft more accurately and frequently to 

enable a more efficient use of existing airspace and result 

in reduced consumption of aviation fuel and aircraft engine 

emissions; and 

(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation 

of such technologies. 

(2) AIRCRAFT SEPARATION STANDARDS.—If the Administrator 

determines that the standards referred to in paragraph (1)(B) 

can be reduced safely, the Administrator shall include in the 

NextGen Implementation Plan a timetable for implementation 

of such reduced standards. 

(3) NOTIFICATIONS AND CONSULTATIONS.—Not later than 90 

days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— 

(A) notify and consult with the operator of the airport at 

which the procedure would be implemented; and 

(B) consider consultations or other engagement with the 

community in the which the airport is located to inform the 

public of the procedure. 

(4) REVIEW OF CERTAIN CATEGORICAL EXCLUSIONS.— 

(A) IN GENERAL.—The Administrator shall review any decision of the Administrator made on or after February 14, 

2012, and before the date of the enactment of this paragraph to grant a categorical exclusion under this subsection 

with respect to a procedure to be implemented at an OEP 

airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the 

human environment in the community in which the airport 

is located if the operator of that airport— 

(i) requests such a review; and 

(ii) demonstrates that there is good cause to believe 

that the implementation of the procedure had such an 

effect. 

(B) CONTENT OF REVIEW.—If, in conducting a review 

under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the 

human environment in the community in which the airport 

is located, the Administrator shall— 

(i) consult with the operator of the airport to identify 

measures to mitigate the effect of the procedure on the 

human environment; and 

(ii) in conducting such consultations, consider the 

use of alternative flight paths that do not substantially 


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degrade the efficiencies achieved by the implementation 

of the procedure being reviewed. 

(C) HUMAN ENVIRONMENT DEFINED.—In this paragraph, 

the term ‘‘human environment’’ has the meaning given such 

term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph). 

(f) THIRD-PARTY USAGE.—The Administration shall establish a 

program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of 

flight procedures. 

SEC. 214. PERFORMANCE METRICS. 

[49 U.S.C. 40101 note] 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with 

respect to— 

(1) actual arrival and departure rates per hour measured 

against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports; 

(2) average gate-to-gate times; 

(3) fuel burned between key city pairs; 

(4) operations using the advanced navigation procedures, including performance based navigation procedures; 

(5) the average distance flown between key city pairs; 

(6) the time between pushing back from the gate and taking 

off; 

(7) continuous climb or descent; 

(8) average gate arrival delay for all arrivals; 

(9) flown versus filed flight times for key city pairs; 

(10) implementation of NextGen Implementation Plan, or 

any successor document, capabilities designed to reduce emissions and fuel consumption; 

(11) the Administration’s unit cost of providing air traffic 

control services; and 

(12) runway safety, including runway incursions, operational 

errors, and loss of standard separation events. 

(b) BASELINES.—The Administrator, in consultation with aviation 

industry stakeholders, shall identify baselines for each of the 

metrics established under subsection (a) and appropriate methods 

to measure deviations from the baselines. 

(c) PUBLICATION.—The Administrator shall make data obtained 

under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media. 

(d) ANNUAL PERFORMANCE GOALS.—The Administrator shall establish annual NextGen performance goals for each of the performance metrics set forth in subsection (a) to meet the performance metric baselines identified under subsection (b). Such goals shall be 

consistent with the annual performance objectives established by the 

senior policy committee (commonly known as the ‘‘NextGen Advisory 

Committee’’) established under section 710 of the Vision 100—CenVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00193 Fmt 6659 Sfmt 6603 E:\HR\OC\SR428.XXX SR428

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tury of Aviation Reauthorization Act (Public Law 108–176; 49 

U.S.C. 40101 note). 

ø(d)¿(e) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report that contains— 

(1) a description of the metrics that will be used to measure 

the Administration’s progress in implementing NextGen capabilities and operational results; 

(2) information on any additional metrics developed; and 

(3) a process for holding the Administration accountable for 

meeting or exceeding the metrics baselines identified in subsection (b). 

SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS 

INTO NATIONAL AIRSPACE SYSTEM. 

[49 U.S.C. 40101 note] 

(a) REQUIRED PLANNING FOR INTEGRATION.— (1) COMPREHENSIVE PLAN.—Not later than 270 days after the 

date of enactment of this Act, the Secretary of Transportation, 

in consultation with representatives of the aviation industry, 

Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to 

safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. 

(2) CONTENTS OF PLAN.—The plan required under paragraph 

(1) shall contain, at a minimum, recommendations or projections on— 

(A) the rulemaking to be conducted under subsection (b), 

with specific recommendations on how the rulemaking 

will— 

(i) define the acceptable standards for operation and 

certification of civil unmanned aircraft systems; 

(ii) ensure that any civil unmanned aircraft system 

includes a sense and avoid capability; and 

(iii) establish standards and requirements for the 

operator and pilot of a civil unmanned aircraft system, 

including standards and requirements for registration 

and licensing; 

(B) the best methods to enhance the technologies and 

subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national 

airspace system; 

(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system; 

(D) a timeline for the phased-in approach described 

under subparagraph (C); 

(E) creation of a safe 

(F) airspace designation for cooperative manned and unmanned flight operations in the national airspace system; 

(G) establishment of a process to develop certification, 

flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing; 


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(H) the best methods to ensure the safe operation of civil 

unmanned aircraft systems and public unmanned aircraft 

systems simultaneously in the national airspace system; 

and 

(I) incorporation of the plan into the annual NextGen 

Implementation Plan document (or any successor document) of the Federal Aviation Administration. 

(3) DEADLINE.—The plan required under paragraph (1) shall 

provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, 

but not later than September 30, 2015. 

(4) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, the Secretary shall submit to 

Congress a copy of the plan required under paragraph (1). 

(5) ROADMAP.—Not later than 1 year after the date of enactment of this Act, the Secretary shall approve and make available in print and on the Administration’s Internet Web site a 

5-year roadmap for the introduction of civil unmanned aircraft 

systems into the national airspace system, as coordinated by 

the Unmanned Aircraft Program Office of the Administration. 

The Secretary shall update the roadmap annually. 

(b) RULEMAKING.—Not later than 18 months after the date on 

which the plan required under subsection (a)(1) is submitted to 

Congress under subsection (a)(4), the Secretary shall publish in the 

Federal Register— 

(1) a final rule on small unmanned aircraft systems that will 

allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 333 of this Act; 

(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), 

with the final rule to be published not later than 16 months 

after the date of publication of the notice; and 

(3) an update to the Administration’s most recent policy 

statement on unmanned aircraft systems, contained in Docket 

No. FAA-2006-25714. 

ø(c) PILOT PROJECTS.— ø(1) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall establish a 

program to integrate unmanned aircraft systems into the national airspace system at 6 test ranges. The program shall terminate 5 years after the date of enactment of this Act. 

ø(2) PROGRAM REQUIREMENTS.—In establishing the program 

under paragraph (1), the Administrator shall— 

ø(A) safely designate airspace for integrated manned 

and unmanned flight operations in the national airspace 

system; 

ø(B) develop certification standards and air traffic requirements for unmanned flight operations at test ranges; 

ø(C) coordinate with and leverage the resources of the 

National Aeronautics and Space Administration and the 

Department of Defense; 

ø(D) address both civil and public unmanned aircraft 

systems; 


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192 

ø(E) ensure that the program is coordinated with the 

Next Generation Air Transportation System; and 

ø(F) provide for verification of the safety of unmanned 

aircraft systems and related navigation procedures before 

integration into the national airspace system. 

ø(3) TEST RANGE LOCATIONS.—In determining the location of 

the 6 test ranges of the program under paragraph (1), the Administrator shall— 

ø(A) take into consideration geographic and climatic diversity; 

ø(B) take into consideration the location of ground infrastructure and research needs; and 

ø(C) consult with the National Aeronautics and Space 

Administration and the Department of Defense. 

ø(4) TEST RANGE OPERATION.—A project at a test range shall 

be operational not later than 180 days after the date on which 

the project is established. 

ø(5) REPORT TO CONGRESS.— ø(A) IN GENERAL.—Not later than 90 days after the date 

of the termination of the program under paragraph (1), the 

Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure and the 

Committee on Science, Space, and Technology of the House 

of Representatives a report setting forth the Administrator’s findings and conclusions concerning the projects. 

ø(B) ADDITIONAL CONTENTS.—The report under subparagraph (A) shall include a description and assessment of the 

progress being made in establishing special use airspace to 

fill the immediate need of the Department of Defense— 

ø(i) to develop detection techniques for small unmanned aircraft systems; and 

ø(ii) to validate the sense and avoid capability and 

operation of unmanned aircraft systems. 

ø(d) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN ARC- TIC.— ø(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall develop a plan and 

initiate a process to work with relevant Federal agencies and 

national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may 

operate 24 hours per day for research and commercial purposes. The plan for operations in these permanent areas shall 

include the development of processes to facilitate the safe operation of unmanned aircraft beyond line of sight. Such areas 

shall enable over-water flights from the surface to at least 

2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. 

ø(2) AGREEMENTS.—To implement the plan under paragraph 

(1), the Secretary may enter into an agreement with relevant 

national and international communities. 

ø(3) AIRCRAFT APPROVAL.—Not later than 1 year after the 

entry into force of an agreement necessary to effectuate the 

purposes of this subsection, the Secretary shall work with relevant national and international communities to establish and 


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193 

implement a process, or may apply an applicable process already established, for approving the use of unmanned aircraft 

in the designated permanent areas in the Arctic without regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.¿ 

øSEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS. 

[49 U.S.C. 40101 note] 

ø(a) IN GENERAL.—Notwithstanding any other requirement of 

this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine 

if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required 

by section 334 of this Act. 

ø(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making 

the determination under subsection (a), the Secretary shall determine, at a minimum— 

ø(1) which types of unmanned aircraft systems, if any, as a 

result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within 

visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and 

ø(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 

49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). 

ø(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.¿ 

øSEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

[49 U.S.C. 40101 note] 

ø(a) GUIDANCE.—Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall issue guidance regarding the operation of public unmanned aircraft systems 

to— 

ø(1) expedite the issuance of a certificate of authorization 

process; 

ø(2) provide for a collaborative process with public agencies 

to allow for an incremental expansion of access to the national 

airspace system as technology matures and the necessary safety analysis and data become available, and until standards are 

completed and technology issues are resolved; 

ø(3) facilitate the capability of public agencies to develop and 

use test ranges, subject to operating restrictions required by 

the Federal Aviation Administration, to test and operate unmanned aircraft systems; and 

ø(4) provide guidance on a public entity’s responsibility when 

operating an unmanned aircraft without a civil airworthiness 

certificate issued by the Administration. 


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ø(b) STANDARDS FOR OPERATION AND CERTIFICATION.—Not later 

than December 31, 2015, the Administrator shall develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace 

system. 

ø(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— ø(1) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall enter into agreements with appropriate government agencies to simplify the 

process for issuing certificates of waiver or authorization with 

respect to applications seeking authorization to operate public 

unmanned aircraft systems in the national airspace system. 

ø(2) CONTENTS.—The agreements shall— 

ø(A) with respect to an application described in paragraph (1)— 

ø(i) provide for an expedited review of the application; 

ø(ii) require a decision by the Administrator on approval or disapproval within 60 business days of the 

date of submission of the application; and 

ø(iii) allow for an expedited appeal if the application 

is disapproved; 

ø(B) allow for a one-time approval of similar operations 

carried out during a fixed period of time; and 

ø(C) allow a government public safety agency to operate 

unmanned aircraft weighing 4.4 pounds or less, if operated— 

ø(i) within the line of sight of the operator; 

ø(ii) less than 400 feet above the ground; 

ø(iii) during daylight conditions; 

ø(iv) within Class G airspace; and 

ø(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities.¿ 

øSEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT. 

ø(a) IN GENERAL.—Notwithstanding any other provision of law 

relating to the incorporation of unmanned aircraft systems into 

Federal Aviation Administration plans and policies, including this 

subtitle, the Administrator of the Federal Aviation Administration 

may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if— 

ø(1) the aircraft is flown strictly for hobby or recreational 

use; 

ø(2) the aircraft is operated in accordance with a communitybased set of safety guidelines and within the programming of 

a nationwide community-based organization; 

ø(3) the aircraft is limited to not more than 55 pounds unless 

otherwise certified through a design, construction, inspection, 

flight test, and operational safety program administered by a 

community-based organization; 

ø(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and 

ø(5) when flown within 5 miles of an airport, the operator of 

the aircraft provides the airport operator and the airport air 

traffic control tower (when an air traffic facility is located at 


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the airport) with prior notice of the operation (model aircraft 

operators flying from a permanent location within 5 miles of an 

airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)). 

ø(b) STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system. 

ø(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model 

aircraft’’ means an unmanned aircraft that is— 

ø(1) capable of sustained flight in the atmosphere; 

ø(2) flown within visual line of sight of the person operating 

the aircraft; and 

ø(3) flown for hobby or recreational purposes.¿ 

SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 

CONSUMER PROTECTION. 

(a) IN GENERAL.—The Secretary of Transportation shall establish 

an advisory committee for aviation consumer protection to advise 

the Secretary in carrying out activities relating to airline customer 

service improvements. 

(b) MEMBERSHIP.—. The Secretary shall appoint the members of 

the advisory committee, which shall be comprised of one representative each of— 

(1) air carriers; 

(2) airport operators; 

(3) State or local governments with expertise in consumer 

protection matters; and 

(4) nonprofit public interest groups with expertise in consumer protection matters. 

(c) VACANCIES.—A vacancy in the advisory committee shall be 

filled in the manner in which the original appointment was made. 

(d) TRAVEL EXPENSES.—Members of the advisory committee shall 

serve without pay but shall receive travel expenses, including per 

diem in lieu of subsistence, in accordance with subchapter I of 

chapter 57 of title 5, United States Code. 

(e) CHAIRPERSON.—The Secretary shall designate, from among 

the individuals appointed under subsection (b), an individual to 

serve as chairperson of the advisory committee. 

(f) DUTIES.—The duties of the advisory committee shall include— 

(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement of 

such programs, if needed; and 

(2) providing recommendations for establishing additional 

aviation consumer protection programs, if needed. 

(g) REPORT TO CONGRESS.—Not later than February 1 of each øof 

the first 2 calendar years beginning after the date of enactment of 

this Act¿ calendar year, the Secretary shall transmit to Congress 

and post on the Department of Transportation Web site a report 

containing— 

(1) the recommendations made by the advisory committee 

during the preceding calendar year; and 

(2) an explanation of how the Secretary has implemented 

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mented, the Secretary’s reason for not implementing the recommendation. 

(h) CONFLICT OF INTEREST DISCLOSURE.—Beginning on the date 

of enactment of the Federal Aviation Administration Reauthorization Act of 2016, each member of the advisory committee who is not 

a government employee shall disclose, on an annual basis, any potential conflicts of interest, including financial conflicts of interest, 

to the Secretary in such form and manner as prescribed by the Secretary. 

ø(h)¿(i) TERMINATION.—The advisory committee established 

under this section shall terminate on øJuly 15, 2016¿ September 

30, 2017. 

SEC. 817. RELEASE FROM RESTRICTIONS. 

[49 U.S.C. 47125 note] 

(a) IN GENERAL.—Subject to subsection (b), the Secretary of 

Transportation is authorized to grant to an airport, city, or county 

a release from any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed 

to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 

Stat. 179) øor section 23¿, section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or section 47125 of title 49, 

United States Code. (b) CONDITION.—Any release granted by the Secretary pursuant 

to subsection (a) shall be subject to the following conditions: 

(1) The applicable airport, city, or county shall agree that in 

conveying any interest in the real property which the United 

States conveyed to the airport, city, or county, the airport, city, 

or county will receive consideration for such interest that is 

equal to its fair market value. 

(1) Any consideration received by the airport, city, or county 

under paragraph (1) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county. 

(1) Any other conditions required by the Secretary. 

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

[49 U.S.C. 47141 note] 

* * * * * * * 

(k) SUNSET.—This section shall not be in effect after øJuly 15, 

2016¿ September 30, 2017. 

PILOTS BILL OF RIGHTS 

[Public Law 112–153; 126 Stat. 1159] 

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

[49 U.S.C. 44703 note] 

(a) IN GENERAL.—Any proceeding conducted under subpart C, D, 

or F of part 821 of title 49, Code of Federal Regulations, relating 

to denial, amendment, modification, suspension, or revocation of an 

airman certificate, shall be conducted, to the extent practicable, in 

accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence. 


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(b) ACCESS TO INFORMATION.— (1) IN GENERAL.—Except as provided under paragraph (3), 

the Administrator of the Federal Aviation Administration (referred to in this section as the ‘‘Administrator’’) shall provide 

timely, written notification to an individual who is the subject 

of an investigation relating to the approval, denial, suspension, 

modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code. 

(2) INFORMATION REQUIRED.—The notification required under 

paragraph (1) shall inform the individual— 

(A) of the nature of the investigation and the specific activity on which the investigation is based; 

(B) that an oral or written response to a Letter of Investigation from the Administrator is not required; 

(C) that no action or adverse inference can be taken 

against the individual for declining to respond to a Letter 

of Investigation from the Administrator; 

(D) that any response to a Letter of Investigation from 

the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as 

evidence against the individual; 

(E) that the releasable portions of the Administrator’s 

investigative report will be available to the individual; and 

(F) that the individual is entitled to access or otherwise 

obtain air traffic data described in paragraph (4). 

(3) EXCEPTION.—The Administrator may delay øtimely¿ notification under paragraph (1) if the Administrator determines 

that such notification may threaten the integrity of the investigation. 

(4) ACCESS TO AIR TRAFFIC DATA.— 

(A) FAA AIR TRAFFIC DATA.—The Administrator shall 

provide an individual described in paragraph (1) with 

timely access to any air traffic data in the possession of 

the Federal Aviation Administration that would facilitate 

the individual’s ability to productively participate in a proceeding relating to an investigation described in such paragraph. 

(B) AIR TRAFFIC DATA DEFINED.—As used in subparagraph (A), the term ‘‘air traffic data’’ includes— 

(i) relevant air traffic communication tapes; 

(ii) radar information; 

(iii) air traffic controller statements; 

(iv) flight data; 

(v) investigative reports; and 

(vi) any other air traffic or flight data in the Federal 

Aviation Administration’s possession that would facilitate the individual’s ability to productively participate 

in the proceeding. 

(C) GOVERNMENT CONTRACTOR AIR TRAFFIC DATA.— (i) IN GENERAL.—Any individual described in paragraph (1) is entitled to obtain any air traffic data that 

would facilitate the individual’s ability to productively 

participate in a proceeding relating to an investigation 

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eral Aviation Administration, including control towers 

and flight service stations. 

(ii) REQUIRED INFORMATION FROM INDIVIDUAL.—The 

individual may obtain the information described in 

clause (i) by submitting a request to the Administrator 

that— 

(I) describes the facility at which such information is located; and 

(II) identifies the date on which such information was generated. 

(iii) PROVISION OF INFORMATION TO INDIVIDUAL.—If 

the Administrator receives a request under this subparagraph, the Administrator shall— 

(I) request the contractor to provide the requested information; and 

(II) upon receiving such information, transmitting the information to the requesting individual 

in a timely manner. 

(5) TIMING.—Except when the Administrator determines that 

an emergency exists under øsection 44709(c)(2)¿ section 

44709(e)(2) or 46105(c), the Administrator may not proceed 

against an individual that is the subject of an investigation described in paragraph (1) during the 30-day period beginning on 

the date on which the air traffic data required under paragraph (4) is made available to the individual. 

(c) [Omitted] 

(d) APPEAL FROM CERTIFICATE ACTIONS.— (1) IN GENERAL.—Upon a decision by the National Transportation Safety Board upholding an order or a final decision by 

the Administrator denying an airman certificate under section 

44703(d) of title 49, United States Code, øor imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title¿ suspending 

or revoking an airman certificate under section 44709(d) of 

such title, or imposing an emergency order of revocation under 

subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of the Board may, at 

the individual’s election, file an appeal in the United States 

district court in which the individual resides or in which the 

action in question occurred, or in the United States District 

Court for the District of Columbia. If the individual substantially affected by an order of the Board elects not to file an appeal in a United States district court, the individual may file 

an appeal in an appropriate United States court of appeals. 

(2) EMERGENCY ORDER PENDING JUDICIAL REVIEW.—Subsequent to a decision by the Board to uphold an Administrator’s 

emergency order under section 44709(e)(2) of title 49, United 

States Code, and absent a stay of the enforcement of that order 

by the Board, the emergency order of amendment, modification, suspension, or revocation of a certificate shall remain in 

effect, pending the exhaustion of an appeal to a Federal district 

court as provided in this Act. 

(e) STANDARD OF REVIEW.— 

ø(1) IN GENERAL.—In an appeal filed under subsection (d) in 

a United States district court, the district court shall give full 


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independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent 

and expedited review of any decision by the Administrator to 

make such order effective immediately.¿ 

(1) IN GENERAL.—In an appeal filed under subsection (d) in 

a United States district court with respect to a denial, suspension, or revocation of an airman certificate by the Administrator— 

(A) the district court shall review the denial, suspension, 

or revocation de novo, including by— 

(i) conducting a full independent review of the complete administrative record of the denial, suspension, 

or revocation; 

(ii) permitting additional discovery and the taking of 

additional evidence; and 

(iii) making the findings of fact and conclusions of 

law required by Rule 52 of the Federal Rules of Civil 

Procedure without being bound to any findings of fact 

of the Administrator or the National Transportation 

Safety Board. 

(2) BURDEN OF PROOF.—In an appeal filed under subsection 

(d) in a United States district court after an exhaustion of administrative remedies, the burden of proof shall be as follows: 

(A) In an appeal of the denial of an application for the 

issuance or renewal of an airman certificate under section 

44703 of title 49, United States Code, the burden of proof 

shall be upon the applicant denied an airman certificate by 

the Administrator. 

(B) In an appeal of an order issued by the Administrator 

under section 44709 of title 49, United States Code, the 

burden of proof shall be upon the Administrator. 

ø(2)¿(3) EVIDENCE.—A United States district court’s review 

under paragraph (1) shall include in evidence any record of the 

proceeding before the Administrator and any record of the proceeding before the National Transportation Safety Board, including hearing testimony, transcripts, exhibits, decisions, and 

briefs submitted by the parties. 

(4) APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.—Notwithstanding paragraph (1)(A) of this subsection or subsection 

(a)(1) of section 554 of title 5, United States Code, section 554 

of such title shall apply to adjudications of the Administrator 

and the National Transportation Safety Board to the same extent as that section applied to such adjudications before the 

date of enactment of the Pilot’s Bill of Rights 2. 

(f) RELEASE OF INVESTIGATIVE REPORTS.— 

(1) IN GENERAL.— 

(A) EMERGENCY ORDERS.—In any proceeding conducted 

under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under subsections (d) and 

(e) of section 44709, section 44710, or section 46105(c) of 

title 49, United States Code, or another order that takes effect immediately, the Administrator shall provide to the individual holding the airman certificate the releasable porVerDate Sep 11 2014 04:49 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00203 Fmt 6659 Sfmt 6603 E:\HR\OC\SR428.XXX SR428

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tion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time the Emergency Order is 

issued, the Administrator shall issue all portions of the report that are available at the time and shall provide the 

full report within 5 days of its completion. 

(B) OTHER ORDERS.—In any non-emergency proceeding 

conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the 

Administrator notifies the certificate holder of a proposed 

certificate action under subsections (b) and (c) of section 

44709 or section 44710 of title 49, United States Code, the 

Administrator shall, upon the written request of the covered 

certificate holder and at any time after that notification, 

provide to the covered certificate holder the releasable portion of the investigative report. 

(2) MOTION FOR DISMISSAL.—If the Administrator does not 

provide the releasable portions of the investigative report to the 

individual holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by 

that paragraph, the individual may move to dismiss the complaint of the Administrator or for other relief and, unless the 

Administrator establishes good cause for the failure to provide 

the investigative report or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers 

appropriate. 

(3) RELEASABLE PORTION OF INVESTIGATIVE REPORT.—For 

purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following: 

(A) Information that is privileged. 

(B) Information that constitutes work product or reflects 

internal deliberative process. 

(C) Information that would disclose the identity of a confidential source. 

(D) Information the disclosure of which is prohibited by 

any other provision of law. 

(E) Information that is not relevant to the subject matter 

of the proceeding. 

(F) Information the Administrator can demonstrate is 

withheld for good cause. 

(G) Sensitive security information, as defined in section 

15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation). 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prevent the Administrator from releasing 

to an individual subject to an investigation described in subsection (b)(1)— 

(A) information in addition to the information included 

in the releasable portion of the investigative report; or 

(B) a copy of the investigative report before the Administrator issues a complaint. 


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SEC. 3. NOTICES TO AIRMEN. 

[49 U.S.C. 44701 note] 

(a) IN GENERAL.— 

(1) DEFINITION.—In this section, the term ‘‘NOTAM’’ means 

Notices to Airmen. 

(2) IMPROVEMENTS.—Not later than 180 days after the date 

of the enactment of øthis Act¿ the Pilot’s Bill of Rights 2, the 

Administrator of the Federal Aviation Administration shall 

øbegin¿ complete the implementation of a Notice to Airmen Improvement Program (in this section referred to as the ‘‘NOTAM 

Improvement Program’’)— 

(A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system; 

ø(B) to archive, in a public central location, all NOTAMs, 

including the original content and form of the notices, the 

original date of publication, and any amendments to such 

notices with the date of each amendment; and¿ 

(B) to continue developing and modernizing the NOTAM 

repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form 

of the notices, the original date of publication, and any 

amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machinereadable, and searchable; 

(C) to apply filters so that pilots can prioritize critical 

flight safety information from other airspace system 

informationø.¿; and 

(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of 

special use airspace in a specific area. 

(b) GOALS OF PROGRAM.—The goals of the NOTAM Improvement 

Program are— 

(1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a 

flight in the national airspace system; 

(2) make the NOTAMs more specific and relevant to the airman’s route and in a format that is more useable to the airman; 

(3) to provide a full set of NOTAM results in addition to specific information requested by airmen; 

(4) to provide a document that is easily searchable; and 

(5) to provide a filtering mechanism similar to that provided 

by the Department of Defense Notices to Airmen. 

(c) ADVICE FROM PRIVATE SECTOR GROUPS.—The Administrator 

shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit 

general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under 

this section. 

ø(d) PHASE-IN AND COMPLETION.—The improvements required by 

this section shall be phased in as quickly as practicable and shall 

be completed not later than the date that is 1 year after the date 

of the enactment of this Act.¿ 


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(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE FOR

NOTAMS.— 

(1) IN GENERAL.—The Administrator— 

(A) shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check 

for NOTAMs; and 

(B) may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for 

NOTAMs under subsection (a)(2)(B). 

(2) PROHIBITION ON TAKING ACTION FOR VIOLATIONS OF

NOTAMS NOT IN REPOSITORY.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), beginning on the date that the repository under subsection (a)(2)(B) is final and published, the Administrator 

may not take any enforcement action against an airman for 

a violation of a NOTAM during a flight if— 

(i) that NOTAM is not available through the repository before the commencement of the flight; and 

(ii) that NOTAM is not reasonably accessible and 

identifiable to the airman. 

(B) EXCEPTION FOR NATIONAL SECURITY.—Subparagraph 

(A) shall not apply in the case of an enforcement action for 

a violation of a NOTAM that directly relates to national security. 

Æ 


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