II 

115TH CONGRESS 

1ST SESSION S. 1405 

To amend title 49, United States Code, to authorize appropriations for 

the Federal Aviation Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2017 

Mr. THUNE (for himself, Mr. NELSON, Mr. BLUNT, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Federal Aviation Administration Reauthorization Act of 

6 2017’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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


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Sec. 3. Definition of appropriate committees of Congress. 

Sec. 4. Effective date. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

Sec. 1001. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 1002. Air navigation facilities and equipment. 

Sec. 1003. FAA operations. 

Sec. 1004. FAA research and development. 

Sec. 1005. Funding for aviation programs. 

Sec. 1006. Extension of expiring authorities. 

Subtitle B—Airport Improvement Program Modifications 

Sec. 1201. Small airport regulation relief. 

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

Sec. 1203. State block grants updates. 

Sec. 1204. Contract Tower Program updates. 

Sec. 1205. Approval of certain applications for the Contract Tower Program. 

Sec. 1206. Remote towers. 

Sec. 1207. Midway Island Airport. 

Sec. 1208. Airport road funding. 

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

Sec. 1210. Modification of zero-emission airport vehicles and infrastructure 

pilot program. 

Sec. 1211. Repeal of airport ground support equipment emissions retrofit pilot 

program. 

Sec. 1212. Funding eligibility for airport energy efficiency assessments. 

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

Sec. 1214. Transfers of instrument landing systems. 

Sec. 1215. Non-movement area surveillance pilot program. 

Sec. 1216. Amendments to definitions. 

Sec. 1217. Clarification of noise exposure map updates. 

Sec. 1218. Provision of facilities. 

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

Sec. 1220. Federal share adjustment. 

Sec. 1221. Miscellaneous technical amendments. 

Sec. 1222. Mothers’ rooms at airports. 

Sec. 1223. Definition of small business concern. 

Sec. 1224. State standards for airport pavements. 

Subtitle C—FLIGHT Act of 2017 

Sec. 1301. Short title. 

Sec. 1302. General aviation airport entitlement reform. 

Sec. 1303. Extending aviation development streamlining. 

Sec. 1304. Establishment of public private-partnership program at general 

aviation airports. 

Sec. 1305. Disaster relief airports. 

Sec. 1306. Airport development relating to disaster relief. 

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

Subtitle D—Passenger Facility Charges 


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Sec. 1401. PFC streamlining. 

Sec. 1402. Intermodal access projects. 

Sec. 1403. Future aviation infrastructure and financing study. 

Sec. 1404. Airport vehicle emissions. 

TITLE II—SAFETY 

Subtitle A—Unmanned Aircraft Systems Reform 

Sec. 2001. Definitions. 

PART I—PRIVACY AND TRANSPARENCY

Sec. 2101. Unmanned aircraft systems privacy policy. 

Sec. 2102. Sense of Congress. 

Sec. 2103. Federal Trade Commission authority. 

Sec. 2104. Commercial and governmental operators. 

Sec. 2105. Analysis of current remedies under Federal, State, and local jurisdictions. 

PART II—UNMANNED AIRCRAFT SYSTEMS

Sec. 2121. Definitions. 

Sec. 2122. Utilization of unmanned aircraft system test sites. 

Sec. 2123. Small unmanned aircraft safety standards. 

Sec. 2124. Small unmanned aircraft in the Arctic. 

Sec. 2125. Special authority for certain unmanned aircraft systems. 

Sec. 2126. Additional rulemaking authority. 

Sec. 2127. Governmental unmanned aircraft systems. 

Sec. 2128. Special rules for model aircraft. 

Sec. 2129. Authority. 

Sec. 2130. Unmanned aircraft systems aeronautical knowledge and safety. 

Sec. 2131. Treatment of unmanned aircraft operating underground. 

Sec. 2132. Enforcement. 

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

Sec. 2134. Aviation emergency safety public services disruption. 

Sec. 2135. Public UAS operations by tribal governments. 

Sec. 2136. Carriage of property by small unmanned aircraft systems for compensation or hire. 

Sec. 2137. Collegiate training initiative program for unmanned aircraft systems. 

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

of the administration. 

Sec. 2139. Report on UAS and chemical aerial application. 

Sec. 2140. Part 107 implementation improvements. 

Sec. 2141. Redesignation. 

PART III—OTHER MATTERS

Sec. 2151. Federal and local authorities. 

Sec. 2152. Spectrum. 

Sec. 2153. Use of unmanned aircraft systems at institutions of higher education. 

Sec. 2154. Transition language. 

PART IV—OPERATOR SAFETY


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Sec. 2161. Short title. 

Sec. 2162. Findings; sense of Congress. 

Sec. 2163. Unsafe operation of unmanned aircraft. 

Subtitle B—FAA Safety Certification Reform 

PART I—GENERAL PROVISIONS

Sec. 2211. Definitions. 

Sec. 2212. Safety Oversight and Certification Advisory Committee. 

PART II—AIRCRAFT CERTIFICATION REFORM

Sec. 2221. Aircraft certification performance objectives and metrics. 

Sec. 2222. Organization designation authorizations. 

Sec. 2223. ODA review. 

Sec. 2224. Type certification resolution process. 

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

PART III—FLIGHT STANDARDS REFORM

Sec. 2231. Flight standards performance objectives and metrics. 

Sec. 2232. FAA task force on flight standards reform. 

Sec. 2233. Centralized safety guidance database. 

Sec. 2234. Regulatory Consistency Communication Board. 

PART IV—SAFETY WORKFORCE

Sec. 2241. Safety workforce training strategy. 

PART V—INTERNATIONAL AVIATION

Sec. 2251. Promotion of United States aerospace standards, products, and 

services abroad. 

Sec. 2252. Bilateral exchanges of safety oversight responsibilities. 

Sec. 2253. FAA leadership abroad. 

Sec. 2254. Registration, certification, and related fees. 

Subtitle C—Airline Passenger Safety and Protections 

Sec. 2301. Access to air carrier flight decks. 

Sec. 2302. Aircraft tracking and flight data. 

Sec. 2303. Flight attendant duty period limitations and rest requirements. 

Sec. 2304. Report on obsolete test equipment. 

Sec. 2305. Plan for systems to provide direct warnings of potential runway incursions. 

Sec. 2306. Helicopter air ambulance operations data and reports. 

Sec. 2307. Part 135 accident and incident data. 

Sec. 2308. Definition of human factors. 

Sec. 2309. Sense of Congress; pilot in command authority. 

Sec. 2310. Enhancing ASIAS. 

Sec. 2311. Improving runway safety. 

Sec. 2312. Safe air transportation of lithium cells and batteries. 

Sec. 2313. Aircraft cabin evacuation procedures. 

Sec. 2314. Annual safety incident report. 

Subtitle D—General Aviation Safety 

Sec. 2401. Automated weather observing systems policy. 


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Sec. 2402. Requirement to consult with stakeholders in defining scope and requirements for Future Flight Service Program. 

Sec. 2403. Aviation fuel. 

Sec. 2404. Applicability of medical certification standards to operators of air 

balloons. 

Sec. 2405. Technical corrections. 

Subtitle E—General Provisions 

Sec. 2501. FAA technical training. 

Sec. 2502. Safety critical staffing. 

Sec. 2503. Approach control radar. 

Sec. 2504. Airspace management advisory committee. 

Subtitle F—General Aviation Pilot Protections 

Sec. 2601. Short title. 

Sec. 2602. Expansion of Pilot’s Bill of Rights. 

Sec. 2603. Limitations on reexamination of certificate holders. 

Sec. 2604. Expediting updates to NOTAM Program. 

Sec. 2605. Accessibility of certain flight data. 

Sec. 2606. Authority for legal counsel to issue certain notices. 

TITLE III—AIR SERVICE IMPROVEMENTS 

Sec. 3001. Definitions. 

Subtitle A—Passenger Air Service Improvements 

Sec. 3101. Causes of airline delays or cancellations. 

Sec. 3102. Involuntary changes to itineraries. 

Sec. 3103. Addressing the needs of families of passengers involved in aircraft 

accidents. 

Sec. 3104. Travelers with disabilities. 

Sec. 3105. Extension of Advisory Committee for Aviation Consumer Protection. 

Sec. 3106. Extension of competitive access reports. 

Sec. 3107. Refunds for other fees that are not honored by a covered air carrier. 

Sec. 3108. Disclosure of fees to consumers. 

Sec. 3109. Seat assignments. 

Sec. 3110. Advanced boarding during pregnancy. 

Sec. 3111. Consumer complaint process improvement. 

Sec. 3112. Online access to aviation consumer protection information. 

Sec. 3113. Study on in cabin wheelchair restraint systems. 

Sec. 3114. Advisory committee on the air travel needs of passengers with disabilities. 

Sec. 3115. Enforcement of aviation consumer protection rules. 

Sec. 3116. Dimensions for passenger seats. 

Sec. 3117. Cell phone voice communications. 

Sec. 3118. TICKETS Act. 

Sec. 3119. Transparency for disabled passengers. 

Subtitle B—Essential Air Service 

Sec. 3201. Essential air service. 

Sec. 3202. Small community air service development program. 

Sec. 3203. Small community program amendments. 

Sec. 3204. Waivers. 


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TITLE IV—NEXTGEN AND FAA ORGANIZATION 

Sec. 4001. Definitions. 

Subtitle A—NextGen Air Transportation System 

Sec. 4101. Return on investment report. 

Sec. 4102. Ensuring FAA readiness to provide seamless oceanic operations. 

Sec. 4103. Annual NextGen performance goals. 

Sec. 4104. Air traffic control operational contingency plans. 

Sec. 4105. 2020 ADS–B Out mandate plan. 

Sec. 4106. NextGen interoperability. 

Sec. 4107. NextGen transition management. 

Sec. 4108. Implementation of NextGen operational improvements. 

Sec. 4109. Securing aircraft avionics systems. 

Sec. 4110. Defining NextGen. 

Sec. 4111. Human factors. 

Sec. 4112. Major acquisition reports. 

Sec. 4113. Equipage mandates. 

Sec. 4114. Workforce. 

Sec. 4115. Programmatic risk management. 

Sec. 4116. Program management. 

Sec. 4117. System-wide improvements. 

Sec. 4118. NextGen research. 

Subtitle B—Administration Organization and Employees 

Sec. 4201. Cost-saving initiatives. 

Sec. 4202. Federal Aviation Administration performance measures and targets. 

Sec. 4203. Treatment of essential employees during furloughs. 

Sec. 4204. Controller candidate interviews. 

Sec. 4205. Report on plans for air traffic control facilities in the New York 

City and Newark region. 

Sec. 4206. Work plan for the New York/New Jersey/Philadelphia Metropolitan 

Area Airspace Project. 

Sec. 4207. Air traffic services at aviation events. 

Sec. 4208. Annual report on inclusion of disabled veteran leave in personnel 

management system. 

TITLE V—MISCELLANEOUS 

Sec. 5001. National Transportation Safety Board investigative officers. 

Sec. 5002. Overflights of national parks. 

Sec. 5003. Aeronautical studies for commercial space launch site runways. 

Sec. 5004. Comprehensive aviation preparedness plan. 

Sec. 5005. Advanced Materials Center of Excellence. 

Sec. 5006. Interference with airline employees. 

Sec. 5007. Secondary cockpit barriers. 

Sec. 5008. Research and deployment of certain airfield pavement technologies. 

Sec. 5009. Increase in duration of general aviation aircraft registration. 

Sec. 5010. Modification of limitation of liability relating to aircraft. 

Sec. 5011. Government Accountability Office study of illegal drugs seized at 

international airports in the United States. 

Sec. 5012. Government Accountability Office review of unmanned aircraft systems. 

Sec. 5013. Sense of Congress on preventing the transportation of disease-carrying mosquitoes and other insects on commercial aircraft. 


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Sec. 5014. Treatment of multi-year lessees of large and turbine-powered multiengine aircraft. 

Sec. 5015. Student outreach report. 

Sec. 5016. Authorization of certain flights by stage 2 aircraft. 

Sec. 5017. Supersonic aircraft. 

Sec. 5018. Terminal aerodrome forecast. 

Sec. 5019. Technical and conforming amendments. 

1 SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 

7 SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF 

8 CONGRESS. 

9 In this Act, the term ‘‘appropriate committees of 

10 Congress’’ means the Committee on Commerce, Science, 

11 and Transportation of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives. 

14 SEC. 4. EFFECTIVE DATE. 

15 Except as otherwise expressly provided, this Act and 

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

17 date of enactment of this Act. 


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1 TITLE I—AUTHORIZATIONS 

2 Subtitle A—Funding of FAA 

3 Programs 

4 SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND 

5 NOISE COMPATIBILITY PLANNING AND PRO6 GRAMS. 

7 (a) AUTHORIZATION.—Section 48103(a) is amended 

8 by striking ‘‘section 47505(a)(2), and carrying out noise 

9 compatibility programs under section 47504(c) 

10 $3,350,000,000 for each of fiscal years 2012 through 

11 2017’’ and inserting ‘‘section 47505(a)(2), carrying out 

12 noise compatibility programs under section 47504(c), an 

13 airport cooperative research program under section 44511, 

14 Airports Technology-Safety research, and Airports Tech15 nology-Efficiency research $3,350,000,000 for fiscal year 

16 2018 and $3,750,000,000 for each of fiscal years 2019 

17 through 2021.’’. 

18 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 

19 is amended in the matter preceding paragraph (1) by 

20 striking ‘‘September 30, 2017’’ and inserting ‘‘September 

21 30, 2021’’. 

22 SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

23 Section 48101(a) is amended by striking paragraphs 

24 (1) through (5) and inserting the following: 

25 ‘‘(1) $2,877,365,122 for fiscal year 2018. 


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1 ‘‘(2) $2,889,379,240 for fiscal year 2019. 

2 ‘‘(3) $2,906,007,932 for fiscal year 2020. 

3 ‘‘(4) $2,921,493,286 for fiscal year 2021.’’. 

4 SEC. 1003. FAA OPERATIONS. 

5 (a) IN GENERAL.—Section 106(k)(1) is amended by 

6 striking subparagraphs (A) through (E) and inserting the 

7 following: 

8 ‘‘(A) $10,123,257,311 for fiscal year 2018; 

9 ‘‘(B) $10,233,107,832 for fiscal year 2019; 

10 ‘‘(C) $10,341,034,956 for fiscal year 2020; 

11 and 

12 ‘‘(D) $10,453,299,174 for fiscal year 

13 2021.’’. 

14 (b) AUTHORIZED EXPENDITURES.—Section 

15 106(k)(2) is amended by striking ‘‘for fiscal years 2012 

16 through 2015’’ each place it appears and inserting ‘‘for 

17 fiscal years 2018 through 2021’’. 

18 (c) AUTHORITY TO TRANSFER FUNDS.—Section 

19 106(k)(3) is amended by striking ‘‘2012 through 2017’’ 

20 and inserting ‘‘2018 through 2021’’. 

21 SEC. 1004. FAA RESEARCH AND DEVELOPMENT. 

22 Section 48102 is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph 

25 (1)— 


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1 (i) by striking ‘‘44511–44513’’ and 

2 inserting ‘‘44512–44513’’; and 

3 (ii) by striking ‘‘and, for each of fiscal 

4 years 2012 through 2015, under sub5 section (g)’’; and 

6 (B) by striking paragraphs (1) through (9) 

7 and inserting the following: 

8 ‘‘(1) $175,000,000 for fiscal year 2018. 

9 ‘‘(2) $175,000,000 for fiscal year 2019. 

10 ‘‘(3) $175,000,000 for fiscal year 2020. 

11 ‘‘(4) $175,000,000 for fiscal year 2021.’’; and 

12 (2) in subsection (b), by striking paragraph (3). 

13 SEC. 1005. FUNDING FOR AVIATION PROGRAMS. 

14 (a) AIRPORT AND AIRWAY TRUST FUND GUAR15 ANTEE.—Section 48114(a)(1)(A) is amended to read as 

16 follows: 

17 ‘‘(A) IN GENERAL.—The total budget re18 sources made available from the Airport and 

19 Airway Trust Fund each fiscal year under sec20 tions 48101, 48102, 48103, and 106(k)— 

21 ‘‘(i) shall, in each of fiscal years 2018 

22 through 2021, be equal to— 

23 ‘‘(I) the sum of— 

24 ‘‘(aa) 90 percent of the esti25 mated level of receipts plus interVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 est credited to the Airport and 

2 Airway Trust Fund for that fis3 cal year; and 

4 ‘‘(bb) the actual level of re5 ceipts plus interest credited to 

6 the Airport and Airway Trust 

7 Fund for the second preceding 

8 fiscal year minus the total 

9 amount made available for obli10 gation from the Airport and Air11 way Trust Fund for the second 

12 preceding fiscal year; and 

13 ‘‘(II) less the amount calculated 

14 under subclause (I)(bb) for the fourth 

15 preceding year; and 

16 ‘‘(ii) may be used only for the aviation 

17 investment programs listed in subsection 

18 (b)(1).’’. 

19 (b) ENFORCEMENT OF GUARANTEES.—Section 

20 48114(c)(2) is amended by striking ‘‘2017’’ and inserting 

21 ‘‘2021’’. 

22 SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES. 

23 (a) MARSHALL ISLANDS, MICRONESIA, AND

24 PALAU.—Section 47115(j) is amended by striking ‘‘2017’’ 

25 and inserting ‘‘2021’’. 


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1 (b) EXTENSION OF COMPATIBLE LAND USE PLAN2 NING AND PROJECTS BY STATE AND LOCAL GOVERN3 MENTS.—Section 47141(f) is amended by striking ‘‘Sep4 tember 30, 2017’’ and inserting ‘‘September 30, 2021’’. 

5 (c) EXTENSION OF PILOT PROGRAM FOR REDEVEL6 OPMENT OF AIRPORT PROPERTIES.—Section 822(k) of 

7 the FAA Modernization and Reform Act of 2012 (49 

8 U.S.C. 47141 note) is amended by striking ‘‘September 

9 30, 2017’’ and inserting ‘‘September 30, 2021’’. 

10 Subtitle B—Airport Improvement 

11 Program Modifications 

12 SEC. 1201. SMALL AIRPORT REGULATION RELIEF. 

13 Section 47114(c)(1) is amended by striking subpara14 graph (F) and inserting the following: 

15 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS

16 2017 THROUGH 2021.—Notwithstanding sub17 paragraph (A) and subject to subparagraph 

18 (G), the Secretary shall apportion to a sponsor 

19 of an airport under that subparagraph for each 

20 of fiscal years 2017 through 2021 an amount 

21 based on the number of passenger boardings at 

22 the airport during calendar year 2012 if the 

23 airport— 

24 ‘‘(i) had 10,000 or more passenger 

25 boardings during calendar year 2012; 


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1 ‘‘(ii) had fewer than 10,000 passenger 

2 boardings during the calendar year used to 

3 calculate the apportionment for fiscal year 

4 2017, 2018, 2019, 2020, or 2021, as ap5 plicable, under subparagraph (A); and 

6 ‘‘(iii) had scheduled air service at any 

7 point in the calendar year used to calculate 

8 the apportionment. 

9 ‘‘(G) LIMITATIONS AND WAIVERS.—The 

10 authority to make apportionments in the man11 ner prescribed in subparagraph (F) may be uti12 lized no more than 3 years in a row. The Sec13 retary may waive this limitation if the Secretary 

14 determines that an airport’s enplanements are 

15 substantially close to 10,000 enplanements and 

16 the airport sponsor or affected communities are 

17 taking reasonable steps to restore enplanements 

18 above 10,000. 

19 ‘‘(H) MINIMUM APPORTIONMENT FOR

20 COMMERCIAL SERVICE AIRPORTS WITH MORE

21 THAN 8,000 PASSENGER BOARDINGS IN A CAL22 ENDAR YEAR.—Not less than $600,000 may be 

23 apportioned under subparagraph (A) for each 

24 fiscal year to each sponsor of a commercial 

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1 senger boardings, but at least 8,000 passenger 

2 boardings, during the prior calendar year.’’. 

3 SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJ4 ECTS IN COLD WEATHER STATES. 

5 (a) IN GENERAL.—The Administrator of the Federal 

6 Aviation Administration, to the extent practicable, shall 

7 schedule the Administrator’s review of construction 

8 projects so that projects to be carried out in the States 

9 in which the weather during a typical calendar year pre10 vents major construction projects from being carried out 

11 before May 1 are reviewed as early as possible. 

12 (b) REPORT.—The Administrator shall update the 

13 appropriate committees of Congress annually on the effec14 tiveness of the review and prioritization. 

15 SEC. 1203. STATE BLOCK GRANTS UPDATES. 

16 Section 47128(a) is amended by striking ‘‘9 qualified 

17 States for fiscal years 2000 and 2001 and 10 qualified 

18 States for each fiscal year thereafter’’ and inserting ‘‘15 

19 qualified States for fiscal year 2018 and each fiscal year 

20 thereafter’’. 

21 SEC. 1204. CONTRACT TOWER PROGRAM UPDATES. 

22 (a) SPECIAL RULE.—Section 47124(b)(1)(B) is 

23 amended by striking ‘‘after such determination is made’’ 

24 and inserting ‘‘after the end of the period described in sub25 section (d)(6)(C)’’. 


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1 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST2 SHARE PROGRAM; FUNDING.—Section 47124(b)(3)(E) is 

3 amended to read as follows: 

4 ‘‘(E) FUNDING.—Of the amounts appro5 priated under section 106(k)(1), such sums as 

6 may be necessary may be used to carry out this 

7 paragraph.’’. 

8 (c) CAP ON FEDERAL SHARE OF COST OF CON9 STRUCTION.—Section 47124(b)(4)(C) is amended by 

10 striking ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

11 (d) COST BENEFIT RATIO REVISION.—Section 

12 47124 is amended by adding at the end the following: 

13 ‘‘(d) COST BENEFIT RATIOS.— 

14 ‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER

15 PROGRAM AT COST-SHARE AIRPORTS.—Beginning on 

16 the date of enactment of the Federal Aviation Ad17 ministration Reauthorization Act of 2017, if an air 

18 traffic control tower is operating under the Cost19 share Program, the Secretary shall annually cal20 culate a new benefit-to-cost ratio for the tower. 

21 ‘‘(2) CONTRACT TOWER PROGRAM AT NON22 COST-SHARE AIRPORTS.—Beginning on the date of 

23 enactment of the Federal Aviation Administration 

24 Reauthorization Act of 2017, if a tower is operating 

25 under the Contract Tower Program and continued 


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1 under subsection (b)(1), the Secretary shall not cal2 culate a new benefit-to-cost ratio for the tower un3 less the annual aircraft traffic at the airport where 

4 the tower is located decreases by more than 25 per5 cent from the previous year or by more than 60 per6 cent over a 3-year period. 

7 ‘‘(3) CONSIDERATIONS.—In establishing a ben8 efit-to-cost ratio under paragraph (1) or paragraph 

9 (2), the Secretary may consider only the following 

10 costs: 

11 ‘‘(A) The Federal Aviation Administra12 tion’s actual cost of wages and benefits of per13 sonnel working at the tower. 

14 ‘‘(B) The Federal Aviation Administra15 tion’s actual telecommunications costs of the 

16 tower. 

17 ‘‘(C) Relocation and replacement costs of 

18 equipment of the Federal Aviation Administra19 tion associated with the tower, if paid for by 

20 the Federal Aviation Administration. 

21 ‘‘(D) Logistics, such as direct costs associ22 ated with establishing or updating the tower’s 

23 interface with other systems and equipment of 

24 the Federal Aviation Administration, if paid for 

25 by the Federal Aviation Administration. 


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1 ‘‘(4) EXCLUSIONS.—In establishing a benefit2 to-cost ratio under paragraph (1) or paragraph (2), 

3 the Secretary may not consider the following costs: 

4 ‘‘(A) Airway facilities costs, including labor 

5 and other costs associated with maintaining and 

6 repairing the systems and equipment of the 

7 Federal Aviation Administration. 

8 ‘‘(B) Costs for depreciating the building 

9 and equipment owned by the Federal Aviation 

10 Administration. 

11 ‘‘(C) Indirect overhead costs of the Federal 

12 Aviation Administration. 

13 ‘‘(D) Costs for utilities, janitorial, and 

14 other services paid for or provided by the air15 port or the State or political subdivision of a 

16 State having jurisdiction over the airport where 

17 the tower is located. 

18 ‘‘(E) The cost of new or replacement 

19 equipment, or construction of a new or replace20 ment tower, if the costs incurred were incurred 

21 by the airport or the State or political subdivi22 sion of a State having jurisdiction over the air23 port where the tower is or will be located. 


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1 ‘‘(F) Other expenses of the Federal Avia2 tion Administration not directly associated with 

3 the actual operation of the tower. 

4 ‘‘(5) MARGIN OF ERROR.—The Secretary shall 

5 add a 5 percent margin of error to a benefit-to-cost 

6 ratio determination to acknowledge and account for 

7 any direct or indirect factors that are not included 

8 in the criteria the Secretary used in calculating the 

9 benefit-to-cost ratio. 

10 ‘‘(6) PROCEDURES.—The Secretary shall estab11 lish procedures— 

12 ‘‘(A) to allow an airport or the State or po13 litical subdivision of a State having jurisdiction 

14 over the airport where the tower is located not 

15 less than 90 days following the receipt of an 

16 initial benefit-to-cost ratio determination from 

17 the Secretary— 

18 ‘‘(i) to request the Secretary recon19 sider that determination; and 

20 ‘‘(ii) to submit updated or additional 

21 data to the Secretary in support of the re22 consideration; 

23 ‘‘(B) to allow the Secretary not more than 

24 90 days to review the data submitted under 


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1 subparagraph (A)(ii) and respond to the re2 quest under subparagraph (A)(i); 

3 ‘‘(C) to allow the airport, State, or political 

4 subdivision of a State, as applicable, 30 days 

5 following the date of the response under sub6 paragraph (B) to review the response before 

7 any action is taken based on a benefit-to-cost 

8 determination; and 

9 ‘‘(D) to provide, after the end of the period 

10 described in subparagraph (C), an 18-month 

11 grace period before cost-share payments are due 

12 from the airport, State, or political subdivision 

13 of a State if as a result of the benefit-to-cost 

14 ratio determination the airport, State, or polit15 ical subdivision, as applicable, is required to 

16 transition to the Cost-share Program. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) CONTRACT TOWER PROGRAM.—The term 

19 ‘Contract Tower Program’ means the level I air traf20 fic control tower contract program established under 

21 subsection (a) and continued under subsection 

22 (b)(1). 

23 ‘‘(2) COST-SHARE PROGRAM.—The term ‘Cost24 share Program’ means the cost-share program estab25 lished under subsection (b)(3).’’. 


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1 (e) CONFORMING AMENDMENTS.—Section 47124(b) 

2 is amended— 

3 (1) in paragraph (1)(C), by striking ‘‘the pro4 gram established under paragraph (3)’’ and insert5 ing ‘‘the Cost-share Program’’; 

6 (2) in paragraph (3)— 

7 (A) in the heading, by striking ‘‘CONTRACT

8 AIR TRAFFIC CONTROL TOWER PROGRAM’’ and 

9 inserting ‘‘COST-SHARE PROGRAM’’; 

10 (B) in subparagraph (A), by striking ‘‘con11 tract tower program established under sub12 section (a) and continued under paragraph (1) 

13 (in this paragraph referred to as the ‘Contract 

14 Tower Program’)’’ and inserting ‘‘Contract 

15 Tower Program’’; 

16 (C) in subparagraph (B), by striking ‘‘In 

17 carrying out the program’’ and inserting ‘‘In 

18 carrying out the Cost-share Program’’; 

19 (D) in subparagraph (C), by striking ‘‘par20 ticipate in the program’’ and inserting ‘‘partici21 pate in the Cost-share Program’’; 

22 (E) in subparagraph (D), by striking 

23 ‘‘under the program’’ and inserting ‘‘under the 

24 Cost-share Program’’; and 


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1 (F) in subparagraph (F), by striking ‘‘the 

2 program continued under paragraph (1)’’ and 

3 inserting ‘‘the Contract Tower Program’’; and 

4 (3) in paragraph (4)(B)(i)(I), by striking ‘‘con5 tract tower program established under subsection (a) 

6 and continued under paragraph (1) or the pilot pro7 gram established under paragraph (3)’’ and insert8 ing ‘‘Contract Tower Program or the Cost-share 

9 Program’’. 

10 (f) EXEMPTION.—Section 47124(b)(3)(D) is amend11 ed by adding at the end the following: ‘‘Airports with both 

12 Part 121 air service and more than 25,000 passenger 

13 enplanements in calendar year 2014 shall be exempt from 

14 any cost share requirement under the Cost-share Pro15 gram.’’. 

16 (g) SAVINGS PROVISION.—Notwithstanding the 

17 amendments made by this section, the towers for which 

18 assistance is being provided under section 41724 of title 

19 49, United States Code, on the day before the date of en20 actment of this Act may continue to be provided such as21 sistance under the terms of that section as in effect on 

22 that day. 


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1 SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE 

2 CONTRACT TOWER PROGRAM. 

3 (a) IN GENERAL.—If the Administrator of the Fed4 eral Aviation Administration has not implemented a re5 vised cost-benefit methodology for purposes of determining 

6 eligibility for the Contract Tower Program before the date 

7 that is 30 days after the date of enactment of this Act, 

8 any air traffic control tower with an application for par9 ticipation in the Contract Tower Program pending as of 

10 January 1, 2017, shall be approved for participation in 

11 the Contract Tower Program if the Administrator deter12 mines the tower is eligible under the criteria set forth in 

13 the Federal Aviation Administration report entitled, ‘‘Es14 tablishment and Discontinuance Criteria for Airport Traf15 fic Control Towers’’, and dated August 1990 (FAA–APO– 

16 90–7). 

17 (b) REQUESTS FOR ADDITIONAL AUTHORITY.—The 

18 Administrator shall respond not later than 30 days after 

19 the date the Administrator receives a formal request from 

20 an airport and air traffic control contractor for additional 

21 authority to expand contract tower operational hours and 

22 staff to accommodate flight traffic outside of current 

23 tower operational hours. 

24 (c) DEFINITION OF CONTRACT TOWER PROGRAM.— 

25 In this section, the term ‘‘Contract Tower Program’’ has 

26 the meaning given the term in section 47124(e) of title 


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1 49, United States Code, as added by section 1204 of this 

2 Act. 

3 SEC. 1206. REMOTE TOWERS. 

4 (a) PILOT PROGRAM.— 

5 (1) ESTABLISHMENT.—The Administrator of 

6 the Federal Aviation Administration shall estab7 lish— 

8 (A) in consultation with airport operators 

9 and general aviation users, a pilot program at 

10 public-use airports to construct and operate re11 mote towers; 

12 (B) a selection process for participation in 

13 the pilot program; and 

14 (C) a clear process for the safety and oper15 ational certification of the remote towers. 

16 (2) SAFETY CONSIDERATIONS.—In establishing 

17 the pilot program, the Administrator shall consult 

18 with operators of remote towers in foreign countries 

19 to design the pilot program in a manner that 

20 leverages as many safety and airspace efficiency ben21 efits as possible. 

22 (3) REQUIREMENTS.—In selecting the airports 

23 for participation in the pilot program, the Adminis24 trator shall— 


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1 (A) to the extent practicable, ensure that 

2 at least 2 different vendors of remote tower sys3 tems participate; 

4 (B) include at least 1 airport currently in 

5 the Contract Tower Program and at least 1 air6 port that does not have an air traffic control 

7 tower; and 

8 (C) clearly identify the analysis relating to 

9 the feasibility, safety, cost, and benefits of re10 mote towers that will be addressed at each air11 port. 

12 (4) SELECTION CRITERIA.—In selecting an air13 port for participation in the pilot program, the Ad14 ministrator shall consider— 

15 (A) how inclusion of that airport will add 

16 value to assist the Administrator in evaluating 

17 the feasibility, safety, costs, and benefits of re18 mote towers; 

19 (B) the amount and variety of air traffic 

20 at an airport; and 

21 (C) the costs and benefits of including that 

22 airport. 

23 (5) DATA.—The Administrator shall clearly 

24 identify and collect air traffic control information 

25 and data from participating airports that will assist 


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1 the Administrator in evaluating the feasibility, safe2 ty, costs, and benefits of remote towers. 

3 (6) REPORT.—Not later than 1 year after the 

4 date the first remote tower is operational, and annu5 ally thereafter, the Administrator shall submit to the 

6 appropriate committees of Congress a report— 

7 (A) detailing any benefits, costs, or safety 

8 improvements associated with the use of the re9 mote towers; and 

10 (B) evaluating the feasibility of using re11 mote towers, particularly in the Contract Tower 

12 Program, for airports without an air traffic 

13 control tower, or to improve safety at airports 

14 with towers. 

15 (7) DEADLINE.—Not later than 1 year after 

16 the date of enactment of this Act, the Administrator 

17 shall select airports for participation in the pilot pro18 gram. 

19 (8) DEFINITIONS.—In this subsection: 

20 (A) CONTRACT TOWER PROGRAM.—The 

21 term ‘‘Contract Tower Program’’ has the mean22 ing given the term in section 47124(e) of title 

23 49, United States Code, as added by section 

24 1204 of this Act. 


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1 (B) REMOTE TOWER.—The term ‘‘remote 

2 tower’’ means a remotely operated air naviga3 tion facility, including all necessary system com4 ponents, that provides the functions and capa5 bilities of an air traffic control tower whereby 

6 air traffic services are provided to operators at 

7 an airport from a location that may not be on 

8 or near the airport. 

9 (b) REMOTE TOWER PROGRAM.—Not later than 30 

10 days after the date on which the first remote tower is com11 missioned to operate under this section, the Administrator 

12 shall establish a process to authorize the construction and 

13 commissioning operation of additional remote towers, that 

14 are certificated under subsection (a)(1)(C), at other air15 ports. 

16 (c) AIP FUNDING ELIGIBILITY.—For purposes of the 

17 pilot program under subsection (a), and after certificated 

18 remote towers are available under subsection (b), con19 structing a remote tower or acquiring and installing air 

20 traffic control, communications, or related equipment for 

21 a remote tower shall be considered airport development (as 

22 defined in section 47102 of title 49, United States Code) 

23 for purposes of subchapter I of chapter 471 of that title 

24 if components are installed and used at the airport, except, 


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1 as needed, for off-airport sensors installed on leased tow2 ers. 

3 SEC. 1207. MIDWAY ISLAND AIRPORT. 

4 Section 186(d) of the Vision 100—Century of Avia5 tion Reauthorization Act (Public Law 108–176; 117 Stat. 

6 2518) is amended by striking ‘‘and for the period begin7 ning on October 1, 2015, and ending on September 30, 

8 2017,’’ and inserting ‘‘and for fiscal years 2018 through 

9 2021’’. 

10 SEC. 1208. AIRPORT ROAD FUNDING. 

11 (a) AIRPORT DEVELOPMENT GRANT ASSURANCES.— 

12 Section 47107(b) is amended by adding at the end the 

13 following: 

14 ‘‘(4) This subsection does not prevent the use 

15 of airport revenue for the maintenance and improve16 ment of the on-airport portion of a surface transpor17 tation facility providing access to an airport and 

18 non-airport locations if the surface transportation 

19 facility is owned or operated by the airport owner or 

20 operator and the use of airport revenue is prorated 

21 to airport use and limited to portions of the facility 

22 located on the airport. The Secretary shall determine 

23 the maximum percentage contribution of airport rev24 enue toward surface transportation facility mainte25 nance or improvement, taking into consideration the 


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1 current and projected use of the surface transpor2 tation facility located on the airport for airport and 

3 non-airport purposes. The de minimus use, as deter4 mined by the Secretary, of a surface transportation 

5 facility for non-airport purposes shall not require 

6 prorating.’’. 

7 (b) RESTRICTIONS ON THE USE OF AIRPORT REV8 ENUE.—Section 47133(c) is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘Nothing’’ and in10 denting appropriately; and 

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

12 ‘‘(2) Nothing in this section may be construed 

13 to prevent the use of airport revenue for the pro14 rated maintenance and improvement costs of the on15 airport portion of the surface transportation facility, 

16 subject to the provisions of section 47107(b)(4).’’. 

17 SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIR18 PORT VEHICLE PILOT PROGRAM. 

19 (a) REPEAL.—Section 47136 is repealed. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 The table of contents for chapter 471 is amended by strik22 ing the item relating to section 47136 and inserting the 

23 following: 

‘‘47136. [Reserved].’’. 


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1 SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VE2 HICLES AND INFRASTRUCTURE PILOT PRO3 GRAM. 

4 Section 47136a is amended— 

5 (1) in subsection (a), by striking ‘‘, including’’ 

6 and inserting ‘‘used exclusively for transporting pas7 sengers on-airport or for employee shuttle buses 

8 within the airport, including’’; and 

9 (2) in subsection (f), by inserting ‘‘, as in effect 

10 on the day before the date of enactment of the Fed11 eral Aviation Administration Reauthorization Act of 

12 2017,’’ after ‘‘section 47136’’. 

13 SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIP14 MENT EMISSIONS RETROFIT PILOT PRO15 GRAM. 

16 (a) REPEAL.—Section 47140 is repealed. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 The table of contents for chapter 471 is amended by strik19 ing the item relating to section 47140 and inserting the 

20 following: 

‘‘47140. [Reserved].’’. 

21 SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY 

22 EFFICIENCY ASSESSMENTS. 

23 (a) COST REIMBURSEMENTS.—Section 47140a(a) is 

24 amended by striking ‘‘airport.’’ and inserting ‘‘airport, 


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1 and to reimburse the airport sponsor for the costs incurred 

2 in conducting the assessment.’’. 

3 (b) SAFETY PRIORITY.—Section 47140a(b)(2) is 

4 amended by inserting ‘‘, including a certification that no 

5 safety projects would be deferred by prioritizing a grant 

6 under this section,’’ after ‘‘an application’’. 

7 SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UN8 CLASSIFIED AIRPORTS. 

9 Section 47106(a) is amended— 

10 (1) in paragraph (5), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (2) in paragraph (6)— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘for an airport that has an air15 port master plan, the master plan addresses’’ 

16 and inserting ‘‘a master plan project, it will ad17 dress’’; and 

18 (B) in subparagraph (E), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(7) if the project is at an unclassified airport, 

22 the project will be funded with an amount appor23 tioned under section 47114(d)(3)(B) and is— 

24 ‘‘(A) for maintenance of the pavement of 

25 the primary runway; 


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1 ‘‘(B) for obstruction removal for the pri2 mary runway; 

3 ‘‘(C) for the rehabilitation of the primary 

4 runway; or 

5 ‘‘(D) a project that the Secretary considers 

6 necessary for the safe operation of the air7 port.’’. 

8 SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYS9 TEMS. 

10 Section 44502(e) is amended by striking the first sen11 tence and inserting ‘‘An airport may transfer, without con12 sideration, to the Administrator of the Federal Aviation 

13 Administration an instrument landing system consisting 

14 of a glide slope and localizer that conforms to performance 

15 specifications of the Administrator if an airport improve16 ment project grant was used to assist in purchasing the 

17 system, and if the Federal Aviation Administration has 

18 determined that a satellite navigation system cannot pro19 vide a suitable approach.’’. 

20 SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT 

21 PROGRAM. 

22 (a) IN GENERAL.—Subchapter I of chapter 471 is 

23 amended by inserting after section 47142 the following: 


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1 ‘‘§ 47143. Non-movement area surveillance surface 

2 display systems pilot program 

3 ‘‘(a) IN GENERAL.—The Administrator of the Fed4 eral Aviation Administration may carry out a pilot pro5 gram to support non-Federal acquisition and installation 

6 of qualifying non-movement area surveillance surface dis7 play systems and sensors if— 

8 ‘‘(1) the Administrator determines that acquisi9 tion and installation of qualifying non-movement 

10 area surveillance surface display systems and sen11 sors improve safety or capacity in the National Air12 space System; and 

13 ‘‘(2) the non-movement area surveillance sur14 face display systems and sensors are supplemental to 

15 existing movement area systems and sensors at the 

16 selected airports established under other programs 

17 administered by the Administrator. 

18 ‘‘(b) PROJECT GRANTS.— 

19 ‘‘(1) IN GENERAL.—For purposes of carrying 

20 out the pilot program, the Administrator may make 

21 a project grant out of funds apportioned under para22 graph (1) or paragraph (2) of section 47114(c) to 

23 not more than 5 eligible sponsors to acquire and in24 stall qualifying non-movement area surveillance sur25 face display systems and sensors. The Administrator 

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1 sor from the discretionary fund. The airports se2 lected to participate in the pilot program shall have 

3 existing Federal Aviation Administration movement 

4 area systems and airlines that are participants in 

5 Federal Aviation Administration’s Airport Collabo6 rative Decision Making process. 

7 ‘‘(2) PROCEDURES.—In accordance with the au8 thority under section 106, the Administrator may es9 tablish procurement procedures applicable to grants 

10 issued under this subsection. The procedures may 

11 permit the sponsor to carry out the project with ven12 dors that have been accepted in the procurement 

13 procedure or using Federal Aviation Administration 

14 contracts. The procedures may provide for the direct 

15 reimbursement (including administrative costs) of 

16 the Administrator by the sponsor using grant funds 

17 under this subsection, for the ordering of system-re18 lated equipment and its installation, or for the direct 

19 ordering of system-related equipment and its instal20 lation by the sponsor, using such grant funds, from 

21 the suppliers with which the Administrator has con22 tracted. 

23 ‘‘(3) DATA EXCHANGE PROCESSES.—The Ad24 ministrator may establish data exchange processes to 

25 allow airport participation in the Federal Aviation 


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1 Administration’s Airport Collaborative Decision 

2 Making process and fusion of the non-movement 

3 surveillance data with the Administration’s move4 ment area systems. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) NON-MOVEMENT AREA.—The term ‘non7 movement area’ is the portion of the airfield surface 

8 that is not under the control of air traffic control. 

9 ‘‘(2) NON-MOVEMENT AREA SURVEILLANCE

10 SURFACE DISPLAY SYSTEM AND SENSORS.—The 

11 term ‘non-movement area surveillance surface dis12 play system and sensors’ is a non-Federal surveil13 lance system that uses on-airport sensors that track 

14 vehicles or aircraft that are equipped with tran15 sponders in the non-movement area. 

16 ‘‘(3) QUALIFYING NON-MOVEMENT AREA SUR17 VEILLANCE SURFACE DISPLAY SYSTEM AND SEN18 SORS.—The term ‘qualifying non-movement area 

19 surveillance surface display system and sensors’ is a 

20 non-movement area surveillance surface display sys21 tem that— 

22 ‘‘(A) provides the required transmit and 

23 receive data formats consistent with the Na24 tional Airspace System architecture at the ap25 propriate service delivery point; 


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1 ‘‘(B) is on-airport; and 

2 ‘‘(C) is airport operated.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 The table of contents of chapter 471 is amended by insert5 ing after the item relating to section 47142 the following: 

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

6 SEC. 1216. AMENDMENTS TO DEFINITIONS. 

7 Section 47102 is amended— 

8 (1) by redesignating paragraphs (10) through 

9 (28) as paragraphs (12) through (30), respectively; 

10 (2) by redesignating paragraphs (7) through 

11 (9) as paragraphs (8) through (10), respectively; 

12 (3) in paragraph (3)— 

13 (A) in subparagraph (B)— 

14 (i) by redesignating clauses (iii) 

15 through (x) as clauses (iv) through (xi), re16 spectively; and 

17 (ii) by striking clause (ii) and insert18 ing the following: 

19 ‘‘(ii) security equipment owned and 

20 operated by the airport, including explosive 

21 detection devices, universal access control 

22 systems, perimeter fencing, and emergency 

23 call boxes, which the Secretary may require 

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1 uting significantly to, the security of indi2 viduals and property at the airport; 

3 ‘‘(iii) safety apparatus owned and op4 erated by the airport, which the Secretary 

5 may require by regulation for, or approve 

6 as contributing significantly to, the safety 

7 of individuals and property at the airport, 

8 and integrated in-pavement lighting sys9 tems for runways and taxiways and other 

10 runway and taxiway incursion prevention 

11 devices;’’; 

12 (B) in subparagraph (K), by striking 

13 ‘‘7505a) and if such project will result in an 

14 airport receiving appropriate’’ and inserting 

15 ‘‘7505a)) and if the airport would be able to re16 ceive’’; and 

17 (C) in subparagraph (L)— 

18 (i) by striking ‘‘or conversion of vehi19 cles and’’ and inserting ‘‘of vehicles used 

20 exclusively for transporting passengers on21 airport, employee shuttle buses within the 

22 airport, or’’; 

23 (ii) by striking ‘‘airport, to’’ and in24 serting ‘‘airport and equipped with’’; and 


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1 (iii) by striking ‘‘7505a) and if such 

2 project will result in an airport receiving 

3 appropriate’’ and inserting ‘‘7505a)) and if 

4 the airport would be able to receive’’; 

5 (4) in paragraph (5), by striking ‘‘regulations’’ 

6 and inserting ‘‘requirements’’; 

7 (5) by inserting after paragraph (6) the fol8 lowing: 

9 ‘‘(7) ‘categorized airport’ means a nonprimary 

10 airport that has an identified role in the most re11 cently published National Plan of Integrated Airport 

12 Systems (NPIAS) report.’’; 

13 (6) in paragraph (9), as redesignated, by strik14 ing ‘‘public’’ and inserting ‘‘public-use’’; 

15 (7) by inserting after paragraph (10), as redes16 ignated, the following: 

17 ‘‘(11) ‘joint use airport’ means an airport 

18 owned by the Department of Defense, at which both 

19 military and civilian aircraft make shared use of the 

20 airfield.’’; 

21 (8) in paragraph (24), as redesignated, by 

22 amending subparagraph (B)(i) to read as follows: 

23 ‘‘(i) determined by the Secretary to 

24 have at least— 


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1 ‘‘(I) 100 based aircraft that are 

2 currently registered with the Federal 

3 Aviation Administration under chap4 ter 445 of this title; and 

5 ‘‘(II) 1 based jet aircraft that is 

6 currently registered with the Federal 

7 Aviation Administration where, for 

8 the purposes of this clause, ‘based’ 

9 means the aircraft or jet aircraft over10 nights at the airport for the greater 

11 part of the year; or’’; and 

12 (9) by adding at the end the following: 

13 ‘‘(31) ‘unclassified airport’ means a nonprimary 

14 airport that is included in the most recently pub15 lished National Plan of Integrated Airport Systems 

16 (NPIAS) report that is not categorized by the Ad17 ministrator of the Federal Aviation Administration 

18 in the most current report entitled General Aviation 

19 Airports: A National Asset.’’. 

20 SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UP21 DATES. 

22 Section 47503(b) is amended— 

23 (1) by striking ‘‘a change in the operation of 

24 the airport would establish’’ and inserting ‘‘there is 


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1 a change in the operation of the airport that would 

2 establish’’; and 

3 (2) by inserting after ‘‘reduction’’ the following: 

4 ‘‘if the change has occurred during the longer of— 

5 ‘‘(1) the noise exposure map period forecast by 

6 the airport operator under subsection (a); or 

7 ‘‘(2) the implementation timeframe of the oper8 ator’s noise compatibility program’’. 

9 SEC. 1218. PROVISION OF FACILITIES. 

10 Section 44502 is amended by adding at the end the 

11 following: 

12 ‘‘(f) AIRPORT SPACE.— 

13 ‘‘(1) RESTRICTION.—The Administrator may 

14 not require an airport owner or sponsor (as defined 

15 in section 47102) to provide to the Federal Aviation 

16 Administration without cost any of the following: 

17 ‘‘(A) Building construction, maintenance, 

18 utilities, or expenses for services relating to air 

19 traffic control, air navigation, or weather re20 porting. 

21 ‘‘(B) Space in a facility owned by the air22 port owner or sponsor for services relating to 

23 air traffic control, air navigation, or weather re24 porting. 


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1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection may be construed to affect— 

3 ‘‘(A) any agreement the Secretary may 

4 have or make with an airport owner or sponsor 

5 for the airport owner or sponsor to provide any 

6 of the items described in subparagraph (A) or 

7 subparagraph (B) of paragraph (1) at below8 market rates; or 

9 ‘‘(B) any grant assurance that requires an 

10 airport owner or sponsor to provide land to the 

11 Administration without cost for an air traffic 

12 control facility.’’. 

13 SEC. 1219. MORATORIUM ON CHANGES TO THE CONTRACT 

14 WEATHER OBSERVER PROGRAM. 

15 The Administrator may not discontinue the Contract 

16 Weather Observer Program at any airport until October 

17 1, 2021. 

18 SEC. 1220. FEDERAL SHARE ADJUSTMENT. 

19 Section 47109(a)(5) is amended to read as follows: 

20 ‘‘(5) 95 percent for a project at an airport for 

21 which the United States Government’s share would 

22 otherwise be capped at 90 percent under paragraph 

23 (2) or paragraph (3) if the Administrator determines 

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1 phased construction project for which the sponsor 

2 received a grant in fiscal year 2011 or earlier.’’. 

3 SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS. 

4 (a) AIRPORT SECURITY PROGRAM.—Section 47137 is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘Transpor7 tation’’ and inserting ‘‘Homeland Security’’; 

8 (2) in subsection (e), by striking ‘‘Homeland 

9 Security’’ and inserting ‘‘Transportation’’; and 

10 (3) in subsection (g), by inserting ‘‘of Trans11 portation’’ after ‘‘Secretary’’ the first place it ap12 pears. 

13 (b) SECTION 516 PROPERTY CONVEYANCE RE14 LEASES.—Section 817(a) of the FAA Modernization and 

15 Reform Act of 2012 (49 U.S.C. 47125 note) is amended— 

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

17 section 23’’; and 

18 (2) by inserting before the period at the end the 

19 following: ‘‘, or section 47125 of title 49, United 

20 States Code’’. 

21 SEC. 1222. MOTHERS’ ROOMS AT AIRPORTS. 

22 (a) LACTATION AREA DEFINED.—Section 47102, as 

23 amended by section 1216 of this Act, is further amend24 ed— 


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1 (1) by redesignating paragraphs (12) through 

2 (31) as paragraphs (13) through (32), respectively; 

3 and 

4 (2) by inserting after paragraph (11) the fol5 lowing: 

6 ‘‘(12) ‘lactation area’ means a room or similar 

7 accommodation that— 

8 ‘‘(A) provides a location for an individual 

9 to express breast milk that is shielded from 

10 view and free from intrusion; 

11 ‘‘(B) has a door that can be locked by the 

12 individual; 

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

14 other flat surface, and an electrical outlet; 

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

16 individuals with disabilities, including individ17 uals who use wheelchairs; and 

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

19 (b) PROJECT GRANTS WRITTEN ASSURANCES FOR

20 LARGE AND MEDIUM HUB AIRPORTS.— 

21 (1) IN GENERAL.—Section 47107(a) is amend22 ed— 

23 (A) in paragraph (20), by striking ‘‘and’’ 

24 at the end; 


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1 (B) in paragraph (21), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(22) with respect to a medium hub airport or 

5 large hub airport, the airport owner or operator will 

6 maintain a lactation area in each passenger terminal 

7 building of the commercial service airport in the 

8 sterile area (as defined in section 1540.5 of title 49, 

9 Code of Federal Regulations) of the building.’’. 

10 (2) APPLICABILITY.— 

11 (A) IN GENERAL.—The amendment made 

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

13 application submitted for a fiscal year begin14 ning on or after the date that is 2 years after 

15 the date of enactment of this Act. 

16 (B) SPECIAL RULE.—The requirement in 

17 the amendments made by paragraph (1) that a 

18 lactation area be located in the sterile area of 

19 a passenger terminal building shall not apply 

20 with respect to a project grant application for 

21 a period of time, determined by the Secretary 

22 of Transportation, if the Secretary determines 

23 that construction or maintenance activities 

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1 tion area to be located in the sterile area of the 

2 building. 

3 (c) TERMINAL DEVELOPMENT COSTS.—Section 

4 47119(a) is amended by adding at the end the following: 

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

6 projects described in paragraph (1), the Secretary 

7 may approve a project for terminal development for 

8 the construction or installation of a lactation area in 

9 1 or more passenger terminal buildings at a com10 mercial service airport.’’. 

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

12 an airport sponsor, the Secretary of Transportation may 

13 determine that a lactation area in existence on the date 

14 of enactment of this Act complies with the requirement 

15 of section 47107(a)(22) of title 49, United States Code, 

16 as added by subsection (b), notwithstanding the absence 

17 of one of the facilities or characteristics referred to in the 

18 definition of the term ‘‘lactation area’’ in section 47102 

19 of that title, as added by subsection (a). 

20 SEC. 1223. DEFINITION OF SMALL BUSINESS CONCERN. 

21 Section 47113(a)(1) is amended to read as follows: 

22 ‘‘(1) ‘small business concern’— 

23 ‘‘(A) has the meaning given the term in 

24 section 3 of the Small Business Act (15 U.S.C. 

25 632); but 


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1 ‘‘(B) in the case of a concern in the con2 struction industry, a concern shall be consid3 ered a small business concern if the concern 

4 meets the size standard for the North American 

5 Industry Classification System Code 237310, as 

6 adjusted by the Small Business Administra7 tion;’’. 

8 SEC. 1224. STATE STANDARDS FOR AIRPORT PAVEMENTS. 

9 Section 47105(c) is amended— 

10 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

11 ‘‘The Secretary’’ the first place it appears; and 

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

13 ‘‘(2) PAVEMENT STANDARDS.— 

14 ‘‘(A) TECHNICAL ASSISTANCE.—At the re15 quest of a State, the Secretary shall, not later 

16 than 30 days after the date of the request, pro17 vide technical assistance to the State in devel18 oping standards, acceptable to the Secretary 

19 under subparagraph (B), for pavement on non20 primary public-use airports in the State. 

21 ‘‘(B) REQUIREMENTS.—The Secretary 

22 shall— 

23 ‘‘(i) continue to provide technical as24 sistance under subparagraph (A) until the 


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1 standards are approved under paragraph 

2 (1); and 

3 ‘‘(ii) clearly indicate to the State the 

4 standards that are acceptable to the Sec5 retary, considering, at a minimum, local 

6 conditions and locally available materials.’’. 

7 Subtitle C—FLIGHT Act of 2017 

8 SEC. 1301. SHORT TITLE. 

9 (a) SHORT TITLE.—This subtitle may be cited as the 

10 ‘‘Forward Looking Investment in General Aviation, Hang11 ars, and Tarmacs Act of 2017’’ or the ‘‘FLIGHT Act of 

12 2017’’. 

13 SEC. 1302. GENERAL AVIATION AIRPORT ENTITLEMENT RE14 FORM. 

15 (a) APPORTIONMENT.—Section 47114(d)(3) is 

16 amended— 

17 (1) by redesignating subparagraphs (A) and 

18 (B) as subparagraphs (B) and (C), respectively; 

19 (2) by inserting before subparagraph (B), as re20 designated, the following: 

21 ‘‘(A) Not less than $25,000,000 to airports 

22 designated as disaster relief airports under sec23 tion 47132 to enhance the ability of such air24 ports to aid in disaster relief, including through 


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1 funding for airport development described in 

2 section 47102(3)(P).’’; and 

3 (3) in subparagraph (B), as redesignated, by 

4 striking ‘‘To each airport’’ and inserting ‘‘Subject to 

5 subparagraph (A), to each airport’’. 

6 (b) PERIOD OF AVAILABILITY.—Section 47117(b) is 

7 amended by striking ‘‘3’’ and inserting ‘‘4’’. 

8 (c) UNITED STATES SHARE OF PROJECT COSTS.— 

9 Section 47109 is amended by adding at the end the fol10 lowing: 

11 ‘‘(g) COST SHARE.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Government’s share of allowable project costs 

14 may be increased by the Administrator to 95 percent 

15 for a project at an airport that is categorized as a 

16 basic or unclassified airport in the most recently 

17 published National Plan of Integrated Airport Sys18 tems (NPIAS) report. 

19 ‘‘(2) MULTI-YEAR PROJECTS.—If an airport 

20 sponsor has an approved multi-year project, ap21 proved by the Administrator, and the airport is re22 categorized above basic category, the cost share for 

23 that project shall remain at the cost share specified 

24 in paragraph (1) for the duration of the project.’’. 


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1 (d) USE OF APPORTIONED AMOUNTS.—Section 

2 47117(e)(1) is amended by adding at the end the fol3 lowing: 

4 ‘‘(D) All amounts subject to apportionment 

5 for a fiscal year that are not apportioned under 

6 section 47114(d), for grants to sponsors of gen7 eral aviation airports, reliever airports, or non8 primary commercial service airports.’’. 

9 SEC. 1303. EXTENDING AVIATION DEVELOPMENT STREAM10 LINING. 

11 (a) IN GENERAL.—Section 47171 is amended— 

12 (1) in subsection (a), in the matter preceding 

13 paragraph (1), by inserting ‘‘general aviation airport 

14 construction or improvement projects,’’ after ‘‘con15 gested airports,’’; 

16 (2) in subsection (b)— 

17 (A) by redesignating paragraph (2) as 

18 paragraph (3); and 

19 (B) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) GENERAL AVIATION AIRPORT CONSTRUC22 TION OR IMPROVEMENT PROJECT.—A general avia23 tion airport construction or improvement project 

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1 vironmental review process requirements set forth in 

2 this section.’’; 

3 (3) in subsection (c)(1), by striking ‘‘(b)(2)’’ 

4 and inserting ‘‘(b)(3)’’; 

5 (4) in subsection (d), by striking ‘‘(b)(2)’’ and 

6 inserting ‘‘(b)(3)’’; 

7 (5) in subsection (h), by striking ‘‘(b)(2)’’ and 

8 inserting ‘‘(b)(3)’’; and 

9 (6) in subsection (k), by striking ‘‘(b)(2)’’ and 

10 inserting ‘‘(b)(3)’’. 

11 (b) DEFINITIONS.—Section 47175 is amended— 

12 (1) by redesignating paragraphs (1), (2), (3), 

13 (4), and (5) as paragraphs (2), (5), (1), (3), and 

14 (4), respectively, and by rearranging such para15 graphs so that they appear in numerical order; 

16 (2) by redesignating paragraph (7) as para17 graph (8); and 

18 (3) by inserting after paragraph (6) the fol19 lowing: 

20 ‘‘(7) GENERAL AVIATION AIRPORT CONSTRUC21 TION OR IMPROVEMENT PROJECT.—The term ‘gen22 eral aviation airport construction or improvement 

23 project’ means— 

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1 tion, taxiway, safety area, apron, or naviga2 tional aids associated with the runway or run3 way extension, at a general aviation airport, a 

4 reliever airport, or a commercial service airport 

5 that is not a primary airport (as such terms are 

6 defined in section 47102); and 

7 ‘‘(B) any other airport development project 

8 that the Secretary designates as facilitating 

9 aviation capacity building projects at a general 

10 aviation airport.’’. 

11 SEC. 1304. ESTABLISHMENT OF PUBLIC PRIVATE-PARTNER12 SHIP PROGRAM AT GENERAL AVIATION AIR13 PORTS. 

14 (a) IN GENERAL.—Chapter 481 of title 49, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 48115. General aviation public-private partnership 

18 program 

19 ‘‘(a) SMALL AIRPORT PUBLIC-PRIVATE PARTNER20 SHIP PROGRAM.—The Secretary of Transportation shall 

21 establish a program that meets the requirements under 

22 this section for improving facilities at— 

23 ‘‘(1) general aviation airports; and 


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1 ‘‘(2) privately owned airports used or intended 

2 to be used for public purposes that do not have 

3 scheduled air service. 

4 ‘‘(b) APPLICATION REQUIRED.—The operator or 

5 sponsor of an airport, or the community in which an air6 port is located, seeking, on behalf of the airport, to partici7 pate in the program established under subsection (a) shall 

8 submit an application to the Secretary in such form, at 

9 such time, and containing such information as the Sec10 retary may require, including— 

11 ‘‘(1) an assessment of the needs of the airport 

12 for additional or improved hangars, airport busi13 nesses, or other facilities; 

14 ‘‘(2) the ability of the airport to leverage pri15 vate sector investments on the airport or develop 

16 public-private partnerships to build or improve facili17 ties at the airport; and 

18 ‘‘(3) if the application is submitted by a com19 munity, evidence that the airport supports the appli20 cation. 

21 ‘‘(c) LIMITATION.— 

22 ‘‘(1) STATE LIMIT.—Not more than 4 airports 

23 in the same State may be selected to participate in 

24 the program established under subsection (a) in any 

25 fiscal year. 


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1 ‘‘(2) DOLLAR AMOUNT LIMIT.—Not more than 

2 $500,000 shall be made available for any one-time 

3 grant to an airport in any fiscal year under the pro4 gram established under subsection (a). 

5 ‘‘(d) PRIORITIES.—In selecting airports for participa6 tion in the program established under subsection (a), the 

7 Secretary shall give priority to airports at which— 

8 ‘‘(1) the operator or sponsor of the airport, or 

9 the community in which the airport is located— 

10 ‘‘(A) will provide a portion of the cost of 

11 the project for which assistance is sought under 

12 the program from local sources; 

13 ‘‘(B) will employ best business practices in 

14 developing or implementing a public-private 

15 partnership; or 

16 ‘‘(C) has established, or will establish, a 

17 public-private partnership to build or improve 

18 facilities at the airport; or 

19 ‘‘(2) the assistance will be used in a timely 

20 fashion. 

21 ‘‘(e) TYPES OF ASSISTANCE.—The Secretary may 

22 use amounts made available under this section— 

23 ‘‘(1) to provide assistance to market an airport 

24 to private entities or individuals in order to leverage 

25 private sector investments or develop public-private 


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1 partnerships for the purposes of building or improv2 ing hangars, businesses, or other facilities at the air3 port; 

4 ‘‘(2) to fund studies that consider what meas5 ures an airport should take to attract private sector 

6 investment at the airport; or 

7 ‘‘(3) to participate in a partnership described in 

8 paragraph (1) or an investment described in para9 graph (2). 

10 ‘‘(f) AUTHORITY TO MAKE AGREEMENTS.—The Sec11 retary may enter into agreements with airports and enti12 ties entering into partnerships with airports under this 

13 section to provide assistance under this section. 

14 ‘‘(g) AVAILABILITY OF AMOUNTS FROM AIRPORT

15 AND AIRWAY TRUST FUND.— 

16 ‘‘(1) IN GENERAL.—There is authorized to be 

17 appropriated, out of the Airport and Airway Trust 

18 Fund established under section 9502 of the Internal 

19 Revenue Code of 1986, $5,000,000 for each of the 

20 fiscal years 2018 through 2021 to carry out this sec21 tion. Amounts appropriated pursuant to this para22 graph shall remain available until expended. 

23 ‘‘(2) AVAILABILITY.—Amounts appropriated 

24 pursuant to paragraph (1)— 


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1 ‘‘(A) shall remain available until expended; 

2 and 

3 ‘‘(B) shall be in addition to any amounts 

4 made available pursuant to section 48103.’’. 

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

6 chapter 481 is amended by adding at the end the fol7 lowing: 

‘‘48115. General aviation public-private partnership program.’’. 

8 SEC. 1305. DISASTER RELIEF AIRPORTS. 

9 (a) DESIGNATION OF DISASTER RELIEF AIR10 PORTS.— 

11 (1) IN GENERAL.—Subchapter I of chapter 471 

12 is amended by inserting after section 47131 the fol13 lowing: 

14 ‘‘§ 47132. Disaster relief airports 

15 ‘‘(a) DESIGNATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Transpor17 tation shall designate as a disaster relief airport an 

18 airport that— 

19 ‘‘(A) is categorized as a regional reliever 

20 airport in the most recently published National 

21 Plan of Integrated Airport Systems (NPIAS) 

22 report; 

23 ‘‘(B) is within a reasonable distance, as de24 termined by the Secretary, of a hospital or 

25 transplant or trauma center; 


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1 ‘‘(C) is in a region that the Secretary de2 termines under subsection (b) is prone to nat3 ural disasters; 

4 ‘‘(D) has at least 1 paved runway with not 

5 less than 3,400 feet of useable length capable of 

6 supporting aircraft up to 12,500 pounds; 

7 ‘‘(E) has aircraft maintenance or servicing 

8 facilities at the airport able to provide aircraft 

9 fueling and light maintenance services; and 

10 ‘‘(F) has adequate taxiway and ramp space 

11 to accommodate single engine or light multi-en12 gine aircraft simultaneously for loading and un13 loading of supplies. 

14 ‘‘(2) DESIGNATION IN STATES WITHOUT QUALI15 FYING AIRPORTS.—If fewer than 3 airports de16 scribed in paragraph (1) are located in a State, the 

17 Secretary, in consultation with aviation officials of 

18 that State, shall designate not more than 3 general 

19 aviation airports in that State as a disaster relief 

20 airport under this section. 

21 ‘‘(b) PRONE TO NATURAL DISASTERS.— 

22 ‘‘(1) IN GENERAL.—For the purposes of sub23 section (a)(1)(C), a region is prone to natural disas24 ters if— 


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1 ‘‘(A) in the case of earthquakes, there is 

2 not less than a 50 percent probability that an 

3 earthquake of magnitude 6 or above will occur 

4 in the region within 30 years, according to the 

5 United States Geological Survey; or 

6 ‘‘(B) in the case of other types of natural 

7 disasters, the President has declared more than 

8 5 major disasters in the region under section 

9 401 of the Robert T. Stafford Disaster Relief 

10 and Emergency Assistance Act (42 U.S.C. 

11 5170), according to the most recent map of the 

12 Federal Emergency Management Agency. 

13 ‘‘(2) NATURAL DISASTER DEFINED.—For the 

14 purposes of this section, the term ‘natural disaster’ 

15 includes a hurricane, tornado, severe storm, high 

16 water, wind-driven water, tidal wave, tsunami, earth17 quake, volcanic eruption, landslide, mudslide, snow18 storm, drought, or wildfire. 

19 ‘‘(c) REQUIREMENTS.— 

20 ‘‘(1) OPERATION AND MAINTENANCE.— 

21 ‘‘(A) IN GENERAL.—A disaster relief air22 port and the facilities and fixed-based operators 

23 on or connected with the airport shall be oper24 ated and maintained in a manner the Secretary 

25 consider suitable for disaster relief. 


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1 ‘‘(B) EXCLUSION.—A disaster relief air2 port shall not be considered to be in violation 

3 of subparagraph (A) if a runway is unuseable 

4 because the runway is under scheduled mainte5 nance or is in need of necessary repairs. 

6 ‘‘(2) COMPLIANCE WITH ASSURANCES ON AIR7 PORT OPERATIONS.—A disaster relief airport shall 

8 comply with the provisions of section 47107 without 

9 regard whether the airport has received a project 

10 grant under this subchapter. 

11 ‘‘(3) NATURAL DISASTER MANAGEMENT

12 PLAN.—A disaster relief airport shall develop an 

13 emergency natural disaster management plan in co14 ordination with local emergency response teams and 

15 first responders. 

16 ‘‘(d) CIVIL PENALTY.—A public agency that know17 ingly violates this section shall be liable to the United 

18 States Government for a civil penalty of not more than 

19 $10,000 for each day of the violation. 

20 ‘‘(e) CONSIDERATION FOR PROJECT GRANTS.—The 

21 Secretary shall give consideration to the role an airport 

22 plays in disaster relief when determining whether to pro23 vide a grant for the airport under this subchapter. 


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1 ‘‘(f) APPLICABILITY OF OTHER LAWS.—This section 

2 shall apply notwithstanding any other law, including regu3 lations and agreements.’’. 

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

5 chapter 471 is amended by inserting after the item relat6 ing to section 47131 the following: 

‘‘47132. Disaster relief airports.’’. 

7 SEC. 1306. AIRPORT DEVELOPMENT RELATING TO DIS8 ASTER RELIEF. 

9 Section 47102(3), as amended by sections 1216 and 

10 1222, is further amended by adding at the end the fol11 lowing: 

12 ‘‘(P) planning, acquiring, or constructing 

13 at an airport designated as a disaster relief air14 port under section 47132, including— 

15 ‘‘(i) planning for disaster prepared16 ness associated with maintaining airport 

17 operations during a natural disaster; 

18 ‘‘(ii) airport communication equip19 ment and fixed emergency generators that 

20 are not able to be acquired by programs 

21 funded under the Department of Home22 land Security; and 

23 ‘‘(iii) constructing, expanding, and im24 proving airfield infrastructure to include 

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1 retary determines will facilitate disaster re2 sponse at the airport.’’. 

3 SEC. 1307. INCLUSION OF COVERED AIRCRAFT CONSTRUC4 TION IN DEFINITION OF AERONAUTICAL AC5 TIVITY FOR PURPOSES OF AIRPORT IM6 PROVEMENT GRANTS. 

7 Section 47107 is amended by adding at the end the 

8 following: 

9 ‘‘(u) CONSTRUCTION, REPAIR, AND RESTORATION OF

10 RECREATIONAL AIRCRAFT.— 

11 ‘‘(1) IN GENERAL.—The construction of a cov12 ered aircraft shall be treated as an aeronautical ac13 tivity for purposes of— 

14 ‘‘(A) determining an airport sponsor’s 

15 compliance with a grant assurance made under 

16 this section or any other provision of law; and 

17 ‘‘(B) the receipt of Federal financial assist18 ance for airport development. 

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

20 subsection, the term ‘covered aircraft’ means an air21 craft— 

22 ‘‘(A) used or intended to be used exclu23 sively for recreational purposes to be operated 

24 under appropriate regulations under title 14 of 

25 the Code of Federal Regulations; and 


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1 ‘‘(B) constructed or under construction, re2 pair, or restoration by a private individual at a 

3 general aviation airport.’’. 

4 Subtitle D—Passenger Facility 

5 Charges 

6 SEC. 1401. PFC STREAMLINING. 

7 (a) PASSENGER FACILITY CHARGES; GENERAL AU8 THORITY.—Section 40117(b)(4) is amended— 

9 (1) in the matter preceding subparagraph (A), 

10 by striking ‘‘, if the Secretary finds—’’ and inserting 

11 a period; and 

12 (2) by striking subparagraphs (A) and (B). 

13 (b) PILOT PROGRAM FOR PASSENGER FACILITY

14 CHARGE AUTHORIZATIONS AT NONHUB AIRPORTS.—Sec15 tion 40117(l) is amended— 

16 (1) in the heading by striking ‘‘NONHUB’’ and 

17 inserting ‘‘CERTAIN’’; 

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

19 inserting ‘‘nonhub, small hub, medium hub, and 

20 large hub’’; and 

21 (3) in paragraph (6), by striking ‘‘Not later 

22 than 180 days after the date of enactment of this 

23 subsection, the’’ and inserting ‘‘The’’. 


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1 SEC. 1402. INTERMODAL ACCESS PROJECTS. 

2 Section 40117 is amended by adding at the end the 

3 following: 

4 ‘‘(n) PFC ELIGIBILITY FOR INTERMODAL GROUND

5 ACCESS PROJECTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may author7 ize a passenger facility charge imposed under sub8 section (b)(1) to be used to finance the eligible cap9 ital costs of an intermodal ground access project. 

10 ‘‘(2) DEFINITION OF INTERMODAL GROUND AC11 CESS PROJECT.—In this subsection, the term ‘inter12 modal ground access project’ means a project for 

13 constructing a local facility owned or operated by an 

14 eligible agency that— 

15 ‘‘(A) is located on airport property; and 

16 ‘‘(B) is directly and substantially related to 

17 the movement of passengers or property trav18 eling in air transportation. 

19 ‘‘(3) ELIGIBLE CAPITAL COSTS.—The eligible 

20 capital costs of an intermodal ground access project 

21 shall be the lesser of— 

22 ‘‘(A) the total capital cost of the project 

23 multiplied by the ratio that the number of indi24 viduals projected to use the project to gain ac25 cess to or depart from the airport bears to the 


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1 total number of individuals projected to use the 

2 local facility; or 

3 ‘‘(B) the total cost of the capital improve4 ments that are located on airport property. 

5 ‘‘(4) DETERMINATIONS.—The Secretary shall 

6 determine the projected use and cost of a project for 

7 purposes of paragraph (3) at the time the project is 

8 approved under this subsection, except that, in the 

9 case of a project to be financed in part using funds 

10 administered by the Federal Transit Administration, 

11 the Secretary shall use the travel forecasting model 

12 for the project at the time the project is approved 

13 by the Federal Transit Administration to enter pre14 liminary engineering to determine the projected use 

15 and cost of the project for purposes of paragraph 

16 (3). 

17 ‘‘(5) NONATTAINMENT AREAS.—For airport 

18 property, any area of which is located in a non19 attainment area (as defined under section 171 of the 

20 Clean Air Act (42 U.S.C. 7501)) for 1 or more cri21 teria pollutant, the airport emissions reductions 

22 from less airport surface transportation and parking 

23 as a direct result of the development of an inter24 modal project on the airport property would be eligi25 ble for air quality emissions credits.’’. 


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1 SEC. 1403. FUTURE AVIATION INFRASTRUCTURE AND FI2 NANCING STUDY. 

3 (a) FUTURE AVIATION INFRASTRUCTURE AND FI4 NANCING STUDY.—Not later than 60 days after the date 

5 of enactment of this Act, the Secretary of Transportation 

6 shall enter into an agreement with qualified organization 

7 to conduct a study and make recommendations on the ac8 tions needed to upgrade and restore the national aviation 

9 infrastructure system to its role as a premier system that 

10 meets the growing and shifting demands of the 21st cen11 tury, including airport infrastructure needs and existing 

12 financial resources for commercial service airports. 

13 (b) CONSULTATION.—In carrying out the study, the 

14 qualified organization shall convene and consult with a 

15 panel of national experts, including representatives of— 

16 (1) nonhub airports; 

17 (2) small hub airports; 

18 (3) medium hub airports; 

19 (4) large hub airports; 

20 (5) airports with international service; 

21 (6) non-primary airports; 

22 (7) local elected officials; 

23 (8) relevant labor organizations; 

24 (9) passengers; 

25 (10) air carriers; and 

26 (11) the tourism industry. 


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1 (c) CONSIDERATIONS.—In carrying out the study, the 

2 qualified organization shall consider— 

3 (1) the ability of airport infrastructure to meet 

4 current and projected passenger volumes; 

5 (2) the available financial tools and resources 

6 for airports of different sizes; 

7 (3) the current debt held by airports, and its 

8 impact on future construction and capacity needs; 

9 (4) the impact of capacity constraints on pas10 sengers and ticket prices; 

11 (5) the purchasing power of the passenger facil12 ity charge from the last increase in 2000 to the year 

13 of enactment of this Act; 

14 (6) the impact to passengers and airports of in15 dexing the passenger facility charge for inflation; 

16 (7) how long airports are constrained with cur17 rent passenger facility charge collections; 

18 (8) the impact of passenger facility charges on 

19 promoting competition; 

20 (9) the additional resources or options to fund 

21 terminal construction projects; 

22 (10) the resources eligible for use toward noise 

23 reduction and emission reduction projects; 


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1 (11) the gap between the cost of projects eligi2 ble for the airport improvement program and the an3 nual Federal funding provided; 

4 (12) the impact of regulatory requirements on 

5 airport infrastructure financing needs; 

6 (13) airline competition; 

7 (14) airline ancillary fees and their impact on 

8 ticket pricing and taxable revenue; and 

9 (15) the ability of airports to finance necessary 

10 safety, security, capacity, and environmental projects 

11 identified in capital improvement plans. 

12 (d) REPORT.—Not later than 15 months after the 

13 date of enactment of this Act, the qualified organization 

14 shall submit to the Secretary and the appropriate commit15 tees of Congress a report on its findings and recommenda16 tions. 

17 (e) FUNDING.—The Secretary is authorized to use 

18 such sums as are necessary to carry out the requirements 

19 of this section. 

20 (f) DEFINITION OF QUALIFIED ORGANIZATION.—In 

21 this section, the term ‘‘qualified organization’’ means an 

22 independent nonprofit organization that recommends solu23 tions to public policy challenges through objective research 

24 and analysis. 


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1 SEC. 1404. AIRPORT VEHICLE EMISSIONS. 

2 Section 40117(a)(3)(G) is amended to read as fol3 lows: 

4 ‘‘(G) A project to reduce emissions under 

5 subchapter I of chapter 471 or to use cleaner 

6 burning conventional fuels, or for acquiring for 

7 use at a commercial service airport vehicles or 

8 ground support equipment that include low9 emission technology or to use cleaner burning 

10 fuels, or if the airport is located in an air qual11 ity nonattainment area (as defined in section 

12 171(2) of the Clean Air Act (42 U.S.C. 

13 7501(2))) or a maintenance area referred to in 

14 section 175A of such Act (42 U.S.C. 7505a), a 

15 project to retrofit any such vehicles or equip16 ment that are powered by a diesel or gasoline 

17 engine with emission control technologies cer18 tified or verified by the Environmental Protec19 tion Agency to reduce emissions, if such project 

20 would be able to receive emission credits for the 

21 project from the governing State or Federal en22 vironmental agency as described in section 

23 47139.’’. 


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1 TITLE II—SAFETY 

2 Subtitle A—Unmanned Aircraft 

3 Systems Reform 

4 SEC. 2001. DEFINITIONS. 

5 (a) IN GENERAL.—Unless expressly provided other6 wise, the terms used in this subtitle have the meanings 

7 given the terms in section 44801 of title 49, United States 

8 Code, as added by section 2121 of this Act. 

9 (b) DEFINITION OF CIVIL AIRCRAFT.—The term 

10 ‘‘civil aircraft’’ has the meaning given the term in section 

11 40102 of title 49, United States Code. 

12 PART I—PRIVACY AND TRANSPARENCY 

13 SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POL14 ICY. 

15 It is the policy of the United States that the operation 

16 of any unmanned aircraft or unmanned aircraft system 

17 shall be carried out in a manner that respects and protects 

18 personal privacy consistent with the United States Con19 stitution and Federal, State, and local law. 

20 SEC. 2102. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) each person that uses an unmanned aircraft 

23 system for compensation or hire, or in the further24 ance of a business enterprise, except for news gath25 ering, should have a written privacy policy consistent 


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1 with section 2101 that is appropriate to the nature 

2 and scope of the activities regarding the collection, 

3 use, retention, dissemination, and deletion of any 

4 data collected during the operation of an unmanned 

5 aircraft system; 

6 (2) each privacy policy described in paragraph 

7 (1) should be periodically reviewed and updated as 

8 necessary; and 

9 (3) each privacy policy described in paragraph 

10 (1) should be publicly available. 

11 SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY. 

12 A violation of a privacy policy by a person that uses 

13 an unmanned aircraft system for compensation or hire, 

14 or in the furtherance of a business enterprise, in the na15 tional airspace system shall be an unfair and deceptive 

16 practice in violation of section 5(a) of the Federal Trade 

17 Commission Act (15 U.S.C. 45(a)). 

18 SEC. 2104. COMMERCIAL AND GOVERNMENTAL OPERA19 TORS. 

20 (a) IN GENERAL.—Except for model aircraft under 

21 section 44808 of title 49, United States Code, in author22 izing the operation of any public unmanned aircraft sys23 tem or the operation of any unmanned aircraft system by 

24 a person conducting civil aircraft operations, the Adminis25 trator of the Federal Aviation Administration, to the exVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 tent practicable and consistent with applicable law and 

2 without compromising national security, homeland de3 fense, or law enforcement, shall make the identifying in4 formation in subsection (b) available to the public via an 

5 easily searchable online database. The Administrator shall 

6 place a clear and conspicuous link to the database on the 

7 home page of the Federal Aviation Administration’s Web 

8 site. 

9 (b) CONTENTS.—The database described in sub10 section (a) shall contain the following: 

11 (1) The name of each individual, or agency, as 

12 applicable, authorized to conduct civil or public un13 manned aircraft systems operations described in 

14 subsection (a). 

15 (2) The name of each owner of an unmanned 

16 aircraft system described in paragraph (1). 

17 (3) The expiration date of any authorization re18 lated to a person identified in paragraph (1) or 

19 paragraph (2). 

20 (4) The contact information for each person 

21 identified in paragraphs (1) and (2), including a 

22 telephone number and an electronic mail address, in 

23 accordance with applicable privacy laws. 

24 (5) The tail number or specific identification 

25 number of all unmanned aircraft authorized for use 


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1 that links each unmanned aircraft to the owner of 

2 that aircraft. 

3 (6) For any unmanned aircraft system, except 

4 those operated for news gathering activities pro5 tected by the First Amendment to the Constitution 

6 of the United States, that will collect personally 

7 identifiable information about individuals, including 

8 the use of facial recognition— 

9 (A) the circumstance under which the sys10 tem will be used; 

11 (B) the specific kinds of personally identi12 fiable information that the system will collect 

13 about individuals; and 

14 (C) how the information referred to in sub15 paragraph (B), and the conclusions drawn from 

16 such information, will be used, disclosed, and 

17 otherwise handled, including— 

18 (i) how the collection or retention of 

19 such information that is unrelated to the 

20 specific use will be minimized; 

21 (ii) under what circumstances such in22 formation might be sold, leased, or other23 wise provided to third parties; 

24 (iii) the period during which such in25 formation will be retained; 


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1 (iv) when and how such information, 

2 including information no longer relevant to 

3 the specified use, will be destroyed; and 

4 (v) steps that will be used to protect 

5 against the unauthorized disclosure of any 

6 information or data, such as the use of 

7 encryption methods and other security fea8 tures. 

9 (7) With respect to public unmanned aircraft 

10 systems— 

11 (A) the locations where the unmanned air12 craft system will operate; 

13 (B) the time during which the unmanned 

14 aircraft system will operate; 

15 (C) the general purpose of the flight; and 

16 (D) the technical capabilities that the un17 manned aircraft system possesses. 

18 (c) RECORDS.—Each person described in subsection 

19 (b)(1), to the extent practicable without compromising na20 tional security, homeland defense, or law enforcement 

21 shall maintain and make available to the Administrator 

22 for not less than 1 year a record of the name and contact 

23 information of each person on whose behalf the unmanned 

24 aircraft system has been operated. 


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1 (d) DEADLINE.—The Administrator shall make the 

2 database available not later than 1 year after the date of 

3 enactment of this Act. 

4 (e) TERMINATION.—The Administrator may cease 

5 the operation of such database on the earlier of— 

6 (1) the date of publication of a final rule or 

7 guidance regarding identification standards under 

8 section 2202 of the FAA Extension Safety and Se9 curity Act of 2016 (Public Law 114–190; 130 Stat. 

10 615); or 

11 (2) September 30, 2021. 

12 SEC. 2105. ANALYSIS OF CURRENT REMEDIES UNDER FED13 ERAL, STATE, AND LOCAL JURISDICTIONS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Comptroller General of the United States 

16 shall conduct and submit to the appropriate committees 

17 of Congress a review of the privacy issues and concerns 

18 associated with the operation of unmanned aircraft sys19 tems in the national airspace system that— 

20 (1) examines and identifies the existing Fed21 eral, State, or local laws, including constitutional 

22 law, that address an individual’s personal privacy; 

23 (2) identifies specific issues and concerns that 

24 may limit the availability of existing civil or criminal 

25 legal remedies regarding inappropriate operation of 


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1 unmanned aircraft systems in the national airspace 

2 system; 

3 (3) identifies any deficiencies in current Fed4 eral, State, or local privacy protections; and 

5 (4) recommends legislative or other actions to 

6 address the limitations and deficiencies identified in 

7 paragraphs (2) and (3). 

8 PART II—UNMANNED AIRCRAFT SYSTEMS 

9 SEC. 2121. DEFINITIONS. 

10 (a) IN GENERAL.—Part A of subtitle VII is amended 

11 by inserting after chapter 447 the following: 

12 ‘‘CHAPTER 448—UNMANNED AIRCRAFT 

13 SYSTEMS 

‘‘Sec. 

‘‘44801. Definitions. 

14 ‘‘§ 44801. Definitions 

15 ‘‘In this chapter— 

16 ‘‘(1) ‘appropriate committees of Congress’ 

17 means the Committee on Commerce, Science, and 

18 Transportation of the Senate and the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives. 

21 ‘‘(2) ‘Arctic’ means the United States zone of 

22 the Chukchi Sea, Beaufort Sea, and Bering Sea 

23 north of the Aleutian chain. 


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1 ‘‘(3) ‘certificate of waiver’ and ‘certificate of au2 thorization’ mean a Federal Aviation Administration 

3 grant of approval for a specific flight operation. 

4 ‘‘(4) ‘permanent areas’ means areas on land or 

5 water that provide for launch, recovery, and oper6 ation of small unmanned aircraft. 

7 ‘‘(5) ‘public unmanned aircraft system’ means 

8 an unmanned aircraft system that meets the quali9 fications and conditions required for operation of a 

10 public aircraft (as defined in section 40102(a)). 

11 ‘‘(6) ‘sense and avoid capability’ means the ca12 pability of an unmanned aircraft to remain a safe 

13 distance from and to avoid collisions with other air14 borne aircraft. 

15 ‘‘(7) ‘small unmanned aircraft’ means an un16 manned aircraft weighing less than 55 pounds, in17 cluding the weight of anything attached to or carried 

18 by the aircraft. 

19 ‘‘(8) ‘test range’ means a defined geographic 

20 area where research and development are conducted 

21 as authorized by the Administrator of the Federal 

22 Aviation Administration. 

23 ‘‘(9) ‘test site’ means any of the 6 test ranges 

24 established by the Administrator of the Federal 

25 Aviation Administration under section 332(c) of the 


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1 FAA Modernization and Reform Act of 2012 (49 

2 U.S.C. 40101 note), as in effect on the day before 

3 the date of enactment of the Federal Aviation Ad4 ministration Reauthorization Act of 2017, and any 

5 public entity authorized by the Federal Aviation Ad6 ministration as an unmanned aircraft system flight 

7 test center before January 1, 2009. 

8 ‘‘(10) ‘unmanned aircraft’ means an aircraft 

9 that is operated without the possibility of direct 

10 human intervention from within or on the aircraft. 

11 ‘‘(11) ‘unmanned aircraft system’ means an un12 manned aircraft and associated elements (including 

13 communication links and the components that con14 trol the unmanned aircraft) that are required for the 

15 operator to operate safely and efficiently in the na16 tional airspace system.’’. 

17 (b) TABLE OF CHAPTERS.—The table of chapters for 

18 subtitle VII is amended by inserting after the item relating 

19 to chapter 447 the following: 

‘‘448. Unmanned aircraft systems ........................................................... 44801’’. 

20 SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM 

21 TEST SITES. 

22 (a) IN GENERAL.—Chapter 448, as designated by 

23 section 2121 of this Act, is amended by inserting after 

24 section 44801 the following: 


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1 ‘‘§ 44802. Unmanned aircraft system test sites 

2 ‘‘(a)(1) IN GENERAL.—The Administrator of the 

3 Federal Aviation Administration shall establish and up4 date, as appropriate, a program for the use of the test 

5 sites to facilitate the safe integration of unmanned aircraft 

6 systems into the national airspace system. 

7 ‘‘(2) TERMINATION.—The program shall termi8 nate on September 30, 2021. 

9 ‘‘(b) PROGRAM REQUIREMENTS.—In establishing the 

10 program under subsection (a), the Administrator shall— 

11 ‘‘(1) designate airspace for safely testing the in12 tegration of unmanned flight operations in the na13 tional airspace system; 

14 ‘‘(2) develop operational standards and air traf15 fic requirements for unmanned flight operations at 

16 test sites, including test ranges; 

17 ‘‘(3) coordinate with and leverage the resources 

18 of the National Aeronautics and Space Administra19 tion and the Department of Defense; 

20 ‘‘(4) address both civil and public unmanned 

21 aircraft systems; 

22 ‘‘(5) ensure that the program is coordinated 

23 with relevant aspects of the Next Generation Air 

24 Transportation System; 

25 ‘‘(6) provide for verification of the safety of un26 manned aircraft systems and related navigation proVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 cedures as it relates to continued development of 

2 standards for integration into the national airspace 

3 system; 

4 ‘‘(7) engage each test site operator in projects 

5 for research, development, testing, and evaluation of 

6 unmanned aircraft systems to facilitate the Federal 

7 Aviation Administration’s development of standards 

8 for the safe integration of unmanned aircraft into 

9 the national airspace system, which may include so10 lutions for— 

11 ‘‘(A) developing and enforcing geographic 

12 and altitude limitations; 

13 ‘‘(B) classifications of airspace where man14 ufacturers must prevent flight of an unmanned 

15 aircraft system; 

16 ‘‘(C) classifications of airspace where man17 ufacturers of unmanned aircraft systems must 

18 alert the operator to hazards or limitations on 

19 flight; 

20 ‘‘(D) sense and avoid capabilities; 

21 ‘‘(E) beyond visual line of sight operations, 

22 nighttime operations, operations over people, 

23 and unmanned aircraft systems traffic manage24 ment, or other critical research priorities; and 


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1 ‘‘(F) improving privacy protections 

2 through the use of advances in unmanned air3 craft systems technology; 

4 ‘‘(8) coordinate periodically with all test site op5 erators to ensure test site operators know which 

6 data should be collected, what procedures should be 

7 followed, and what research would advance efforts to 

8 safely integrate unmanned aircraft systems into the 

9 national airspace system; 

10 ‘‘(9) allow a test site to develop multiple test 

11 ranges within the test site; 

12 ‘‘(10) streamline the approval process for test 

13 sites when processing unmanned aircraft certificates 

14 of waiver or authorization for operations at the test 

15 sites; 

16 ‘‘(11) require each test site operator to protect 

17 proprietary technology, sensitive data, or sensitive 

18 research of any civil or private entity when using 

19 that test site without the need to obtain an experi20 mental or special airworthiness certificate; 

21 ‘‘(12) evaluate options for the operation of 1 or 

22 more small unmanned aircraft systems beyond the 

23 visual line of sight of the operator, or at night, for 

24 testing under controlled conditions that ensure the 


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1 safety of persons and property, including on the 

2 ground; and 

3 ‘‘(13) allow test site operators to receive Fed4 eral funding, other than from the Federal Aviation 

5 Administration, including in-kind contributions, 

6 from test site participants in the furtherance of re7 search, development, and testing objectives. 

8 ‘‘(c) TEST SITE LOCATIONS.—In determining the lo9 cation of a test site under subsection (a), the Adminis10 trator shall— 

11 ‘‘(1) take into consideration geographic and cli12 matic diversity; 

13 ‘‘(2) take into consideration the location of 

14 ground infrastructure and research needs; and 

15 ‘‘(3) consult with the Administrator of the Na16 tional Aeronautics and Space Administration and 

17 the Secretary of Defense. 

18 ‘‘(d) REPORT TO CONGRESS.— 

19 ‘‘(1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of the Federal Aviation Ad21 ministration Reauthorization Act of 2017, the Ad22 ministrator shall submit to the appropriate commit23 tees of Congress a report on the establishment and 

24 implementation of the program under subsection (a). 


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1 ‘‘(2) BRIEFINGS.—Beginning 180 days after 

2 the date of enactment of the Federal Aviation Ad3 ministration Reauthorization Act of 2017, and every 

4 180 days thereafter until September 30, 2021, the 

5 Administrator shall provide to the appropriate com6 mittees of Congress a briefing that includes— 

7 ‘‘(A) a current summary of unmanned air8 craft systems operations at the test sites since 

9 the last briefing to Congress; 

10 ‘‘(B) a description of all of the data gen11 erated from the operations described in sub12 paragraph (A), and shared with the Federal 

13 Aviation Administration through a cooperative 

14 research and development agreement authorized 

15 in subsection (g), that relate to unmanned air16 craft systems research priorities, including be17 yond visual line of sight operations, nighttime 

18 operations, operations over people, sense and 

19 avoid technology, and unmanned aircraft sys20 tems traffic management; 

21 ‘‘(C) a description of how the data de22 scribed in subparagraph (B) will be or is 

23 used— 

24 ‘‘(i) to advance Federal Aviation Ad25 ministration priorities; 


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1 ‘‘(ii) to validate the safety of un2 manned aircraft systems and related tech3 nology; and 

4 ‘‘(iii) to inform future rulemaking re5 lated to the integration of unmanned air6 craft systems into the national airspace; 

7 ‘‘(D) an evaluation of the activities and 

8 specific outcomes from activities at the test 

9 sites that support the safe integration of un10 manned aircraft systems under this chapter; 

11 and 

12 ‘‘(E) recommendations for future Federal 

13 Aviation Administration test site operations 

14 that would generate data necessary to inform 

15 future rulemaking related to unmanned aircraft 

16 systems. 

17 ‘‘(e) REVIEW OF OPERATIONS BY TEST SITE OPERA18 TORS.—The operator of each test site under subsection (a) 

19 shall— 

20 ‘‘(1) review the operations of unmanned aircraft 

21 systems conducted at the test site, including— 

22 ‘‘(A) ongoing or completed research; and 

23 ‘‘(B) data regarding operations by private 

24 and public operators; and 


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1 ‘‘(2) submit to the Administrator, in such form 

2 and manner as specified by the Administrator, the 

3 results of the review, including recommendations to 

4 further enable private research and development op5 erations at the test sites that contribute to the Fed6 eral Aviation Administration’s safe integration of 

7 unmanned aircraft systems into the national air8 space system, on a quarterly basis until the program 

9 terminates. 

10 ‘‘(f) TESTING.—The Secretary may authorize an op11 erator of a test site described in subsection (a) to admin12 ister testing requirements established by the Adminis13 trator for unmanned aircraft systems operations. 

14 ‘‘(g) COLLABORATIVE RESEARCH AND DEVELOP15 MENT AGREEMENTS.—The Administrator may use the 

16 other transaction authority under section 106(l)(6) and 

17 enter into collaborative research and development agree18 ments, to direct research related to unmanned aircraft 

19 systems, including at any test site under subsection (a), 

20 and in coordination with the Center of Excellence for Un21 manned Aircraft Systems. 

22 ‘‘(h) USE OF CENTER OF EXCELLENCE FOR UN23 MANNED AIRCRAFT SYSTEMS.—The Administrator, in 

24 carrying out research necessary to establish the consensus 

25 safety standards requirements in section 44803 shall, to 


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1 the maximum extent practicable, leverage the research and 

2 testing capacity and capabilities of the Center of Excel3 lence for Unmanned Aircraft Systems and the test sites.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) TABLE OF CONTENTS.—The table of con6 tents for chapter 448, as added by section 2121 of 

7 this Act, is further amended by inserting after the 

8 item relating to section 44801 the following: 

‘‘44802. Unmanned aircraft system test sites.’’. 

9 (2) PILOT PROJECTS.—Section 332 of the FAA 

10 Modernization and Reform Act of 2012 (49 U.S.C. 

11 40101 note) is amended by striking subsection (c). 

12 SEC. 2123. SMALL UNMANNED AIRCRAFT SAFETY STAND13 ARDS. 

14 (a) IN GENERAL.—Chapter 448, as amended by sec15 tion 2122 of this Act, is further amended by inserting 

16 after section 44802 the following: 

17 ‘‘§ 44803. Small unmanned aircraft safety standards 

18 ‘‘(a) CONSENSUS SAFETY STANDARDS.— 

19 ‘‘(1) IN GENERAL.—Not later than 60 days 

20 after the date of enactment of the Federal Aviation 

21 Administration Reauthorization Act of 2017, the 

22 Administrator of the Federal Aviation Administra23 tion shall charter an aviation rulemaking advisory 

24 committee to develop recommendations for the fol25 lowing: 


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1 ‘‘(A) Risk-based, consensus safety stand2 ards related to the safe integration of small un3 manned aircraft systems into the national air4 space system (referred to in this section as 

5 ‘consensus safety standards’) that can evolve or 

6 be updated as appropriate. 

7 ‘‘(B) A Federal Aviation Administration 

8 process for permitting, authorizing, or approv9 ing small unmanned aircraft systems and their 

10 operations based on the safety standards to be 

11 accepted by the Administrator under this sec12 tion. 

13 ‘‘(2) FACA.—The Federal Advisory Committee 

14 Act (5 U.S.C. App.) shall not apply to an aviation 

15 rulemaking advisory committee chartered under this 

16 subsection. 

17 ‘‘(b) CONSIDERATIONS.—In developing recommended 

18 consensus safety standards under subsection (a) the mem19 bers of the aviation rulemaking advisory committee shall 

20 consider the following: 

21 ‘‘(1) Technologies or standards related to geo22 graphic limitations, altitude limitations, and sense 

23 and avoid capabilities. 

24 ‘‘(2) Using performance-based standards. 


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1 ‘‘(3) Predetermined action to maintain safety in 

2 the event that a communications link between a 

3 small unmanned aircraft and its operator is lost or 

4 compromised. 

5 ‘‘(4) Detectability and identifiability to pilots, 

6 the Federal Aviation Administration, and air traffic 

7 controllers, as appropriate. 

8 ‘‘(5) Means to prevent tampering with or modi9 fication of any system, limitation, or other safety 

10 mechanism or standard under this section or any 

11 other provision of law, including a means to identify 

12 any tampering or modification that has been made. 

13 ‘‘(6) Consensus identification standards under 

14 section 2202 of the FAA Extension Safety and Se15 curity Act of 2016 (Public Law 114–190; 130 Stat. 

16 615), including for model aircraft operations author17 ized under section 44808. 

18 ‘‘(7) Cost-benefit and risk analyses regarding 

19 updates to or modifications of small unmanned air20 craft systems that were commercially distributed 

21 prior to the development of the consensus safety 

22 standards so that, to the greatest extent practicable, 

23 such systems meet consensus safety standards that 

24 may be accepted pursuant to subsection (d). 


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1 ‘‘(8) Cost-benefit and risk analyses of consensus 

2 safety standards that may be accepted pursuant to 

3 subsection (d) for newly designed small unmanned 

4 aircraft systems. 

5 ‘‘(9) Applicability of consensus safety standards 

6 to small unmanned aircraft systems that are not 

7 commercially distributed, including home-built small 

8 unmanned aircraft systems. 

9 ‘‘(10) Any technology or standard related to 

10 small unmanned aircraft systems that promotes 

11 aviation safety. 

12 ‘‘(11) Any category of unmanned aircraft sys13 tems that should be exempt from the consensus safe14 ty standards based on risk factors. 

15 ‘‘(c) CONSULTATION.—In developing recommenda16 tions for consensus safety standards under subsection (a), 

17 the Aviation Rulemaking Committee shall consult with— 

18 ‘‘(1) unmanned aircraft systems stakeholders, 

19 including manufacturers of varying sizes of un20 manned aircraft; 

21 ‘‘(2) community-based aviation organizations; 

22 ‘‘(3) the Center of Excellence for Unmanned 

23 Aircraft Systems; 

24 ‘‘(4) each operator of a test site under section 

25 44802; 


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1 ‘‘(5) the Administrator of the National Aero2 nautics and Space Administration; 

3 ‘‘(6) the Secretary of Defense; and 

4 ‘‘(7) the leaders of appropriate standards devel5 opment organizations, including the President of 

6 RTCA, Inc. and the Director of the National Insti7 tute for Standards and Technology. 

8 ‘‘(d) FAA PROCESS FOR ACCEPTANCE AND AUTHOR9 IZATION.—Not later than 180 days after the date of re10 ceipt of the recommendations under subsection (a)(2), the 

11 Administrator of the Federal Aviation Administration 

12 shall establish a process based on those recommendations 

13 for— 

14 ‘‘(1) the acceptance by the Federal Aviation 

15 Administration of consensus safety standards rec16 ommended under subsection (a)(1); 

17 ‘‘(2) permitting, authorizing, or the approving 

18 small unmanned aircraft systems makes and models 

19 based upon the consensus safety standards accepted 

20 under paragraph (1); 

21 ‘‘(3) the certification of a manufacturer of 

22 small unmanned aircraft systems that has dem23 onstrated compliance with consensus safety stand24 ards accepted under subsection (d)(1), which shall 

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1 cation by a manufacturer of small unmanned air2 craft systems to the standards; and 

3 ‘‘(4) the certification of a manufacturer of 

4 small unmanned aircraft systems, or an employee of 

5 such manufacturer, that has demonstrated compli6 ance with the consensus safety standards developed 

7 under subsection (a) and accepted under subsection 

8 (d)(1) and met any other qualifying criteria, as de9 termined by the Administrator, to alternatively sat10 isfy the requirements of paragraph (2). 

11 ‘‘(e) NONAPPLICABILITY OF OTHER LAWS.—The 

12 process for permitting, authorizing, or approving the oper13 ation of small unmanned aircraft systems under sub14 section (d) shall allow for operation of any applicable small 

15 unmanned aircraft systems within the national airspace 

16 system without requiring— 

17 ‘‘(1) airworthiness certification requirements 

18 under section 44704 of this title; and 

19 ‘‘(2) type certification under parts 21 or 23 of 

20 title 14, Code of Federal Regulations. 

21 ‘‘(f) MODEL AIRCRAFT.—The standards accepted 

22 under subsection (d) shall be applicable to model aircraft 

23 operations authorized under section 44808. 

24 ‘‘(g) REVOCATION.—The Administrator may revoke 

25 the permission, authorization, or approval in subsection 


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1 (d) if the Administrator determines that the manufacturer 

2 is no longer in compliance with the standards accepted by 

3 the Administrator under subsection (d)(1). 

4 ‘‘(h) REQUIREMENTS.—With regard to a permit, au5 thorization, or approval under the process in subsection 

6 (d), the Administrator may require a manufacturer of 

7 small unmanned aircraft systems to provide the FAA with 

8 the following: 

9 ‘‘(1) The aircraft system’s operating instruc10 tions. 

11 ‘‘(2) The aircraft system’s recommended main12 tenance and inspection procedures. 

13 ‘‘(3) The manufacturer’s statement of compli14 ance described in subsection (i). 

15 ‘‘(4) Upon request, a sample aircraft to be in16 spected by the Federal Aviation Administration to 

17 ensure compliance with the consensus safety stand18 ards accepted by the Administrator under subsection 

19 (d). 

20 ‘‘(i) MANUFACTURER’S STATEMENT OF COMPLIANCE

21 FOR SMALL UAS.—A manufacturer’s statement of com22 pliance shall— 

23 ‘‘(1) identify the aircraft make and model, and 

24 any applicable consensus safety standards used; 


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1 ‘‘(2) state that the aircraft make and model 

2 meets the provisions of the consensus safety stand3 ards identified in paragraph (1); 

4 ‘‘(3) state that the aircraft make and model 

5 conforms to the manufacturer’s design data and is 

6 manufactured in a way that ensures consistency 

7 across units in the production process in order to 

8 meet the applicable consensus safety standards ac9 cepted by the Administrator; 

10 ‘‘(4) state that the manufacturer will make 

11 available to any interested person— 

12 ‘‘(A) the aircraft’s operating instructions, 

13 that meet the consensus safety standards iden14 tified in paragraph (1); and 

15 ‘‘(B) the aircraft’s recommended mainte16 nance and inspection procedures, that meet the 

17 consensus safety standards identified in para18 graph (1); 

19 ‘‘(5) state that the manufacturer will monitor 

20 safety-of-flight issues to ensure it meets the con21 sensus safety standards identified in paragraph (1); 

22 ‘‘(6) state that at the request of the Adminis23 trator, the manufacturer will provide reasonable ac24 cess for the Administrator to its facilities for the 


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1 purposes of overseeing compliance with this section; 

2 and 

3 ‘‘(7) state that the manufacturer, in accordance 

4 with testing requirements identified by the Federal 

5 Aviation Administration, has— 

6 ‘‘(A) ground and flight tested random sam7 ples of the aircraft; 

8 ‘‘(B) found the sample aircraft perform9 ance acceptable; and 

10 ‘‘(C) determined that the make and model 

11 of aircraft is suitable for safe operation. 

12 ‘‘(j) PROHIBITIONS.— 

13 ‘‘(1) FALSE STATEMENTS OF COMPLIANCE.—It 

14 shall be unlawful for any person to knowingly submit 

15 a statement of compliance described in subsection (i) 

16 that is materially false. 

17 ‘‘(2) INTRODUCTION INTO INTERSTATE COM18 MERCE.—It shall be unlawful for any person to 

19 knowingly introduce or deliver for introduction into 

20 interstate commerce any small unmanned aircraft 

21 system for which standards developed under sub22 section (d) are accepted and are applicable, and are 

23 manufactured after the date that the Administrator 

24 accepts any applicable safety standards under this 

25 section unless— 


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1 ‘‘(A) the make and model has been per2 mitted, authorized, or approved for operation 

3 under subsection (d); or 

4 ‘‘(B) the aircraft has alternatively received 

5 type, design, and production approval issued by 

6 the Federal Aviation Administration. 

7 ‘‘(k) EXCLUSIONS.—The Administrator shall exempt 

8 from the requirements of this section small unmanned air9 craft systems that are not capable of navigating beyond 

10 the visual line of sight of the operator through advanced 

11 flight systems and technology, if the Administrator deter12 mines that such an exemption does not pose a risk to the 

13 safety of the national airspace system.’’. 

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

15 chapter 448, as amended by section 2122 of this Act, is 

16 further amended by inserting after the item relating to 

17 section 44802 the following: 

‘‘44803. Small unmanned aircraft safety standards.’’. 

18 SEC. 2124. SMALL UNMANNED AIRCRAFT IN THE ARCTIC. 

19 (a) IN GENERAL.—Chapter 448, as amended by sec20 tion 2123 of this Act, is further amended by inserting 

21 after section 44803 the following: 

22 ‘‘§ 44804. Small unmanned aircraft in the Arctic 

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 shall develop a plan and initiate a process to work with 

25 relevant Federal agencies and national and international 


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1 communities to designate permanent areas in the Arctic 

2 where small unmanned aircraft may operate 24 hours per 

3 day for research and commercial purposes. 

4 ‘‘(b) PLAN CONTENTS.—The plan under subsection 

5 (a) shall include the development of processes to facilitate 

6 the safe operation of small unmanned aircraft beyond the 

7 visual line of sight. 

8 ‘‘(c) REQUIREMENTS.—Each permanent area des9 ignated under subsection (a) shall enable over-water 

10 flights from the surface to at least 2,000 feet in altitude, 

11 with ingress and egress routes from selected coastal 

12 launch sites. 

13 ‘‘(d) AGREEMENTS.—To implement the plan under 

14 subsection (a), the Secretary may enter into an agreement 

15 with relevant national and international communities. 

16 ‘‘(e) AIRCRAFT APPROVAL.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 not later than 1 year after the entry into force of 

19 an agreement necessary to effectuate the purposes of 

20 this section, the Secretary shall work with relevant 

21 national and international communities to establish 

22 and implement a process for approving the use of a 

23 small unmanned aircraft in the designated perma24 nent areas in the Arctic without regard to whether 


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1 the small unmanned aircraft is used as a public air2 craft, a civil aircraft, or a model aircraft. 

3 ‘‘(2) EXISTING PROCESS.—The Secretary may 

4 implement an existing process to meet the require5 ments under paragraph (1).’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) TABLE OF CONTENTS.—The table of con8 tents for chapter 448, as amended by section 2123 

9 of this Act, is further amended by inserting after the 

10 item relating to section 44803 the following: 

‘‘44804. Small unmanned aircraft in the Arctic.’’. 

11 (2) EXPANDING USE OF UNMANNED AIRCRAFT

12 SYSTEMS IN ARCTIC.—Section 332 of the FAA Mod13 ernization and Reform Act of 2012 (49 U.S.C. 

14 40101 note) is amended by striking subsection (d). 

15 SEC. 2125. SPECIAL AUTHORITY FOR CERTAIN UNMANNED 

16 AIRCRAFT SYSTEMS. 

17 (a) IN GENERAL.—Chapter 448, as amended by sec18 tion 2124 of this Act, is further amended by inserting 

19 after section 44804 the following: 

20 ‘‘§ 44805. Special authority for certain unmanned air21 craft systems 

22 ‘‘(a) IN GENERAL.—Notwithstanding any other re23 quirement of this chapter, the Secretary of Transportation 

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1 tional airspace system notwithstanding completion of the 

2 comprehensive plan and rulemaking required by section 

3 332 of the FAA Modernization and Reform Act of 2012 

4 (49 U.S.C. 40101 note) or the guidance required by sec5 tion 44807. 

6 ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT SYS7 TEMS.—In making the determination under subsection 

8 (a), the Secretary shall determine, at a minimum— 

9 ‘‘(1) which types of unmanned aircraft systems, 

10 if any, as a result of their size, weight, speed, oper11 ational capability, proximity to airports and popu12 lated areas, operation over people, and operation 

13 within or beyond the visual line of sight, or oper14 ation during the day or night, do not create a haz15 ard to users of the national airspace system or the 

16 public; and 

17 ‘‘(2) whether a certificate under section 44703 

18 or section 44704 of this title, or a certificate of 

19 waiver or certificate of authorization, is required for 

20 the operation of unmanned aircraft systems identi21 fied under paragraph (1) of this subsection. 

22 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

23 Secretary determines under this section that certain un24 manned aircraft systems may operate safely in the na25 tional airspace system, the Secretary shall establish reVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 quirements for the safe operation of such aircraft systems 

2 in the national airspace system, including operation re3 lated to research, development, and testing of proprietary 

4 systems. 

5 ‘‘(d) PILOT CERTIFICATION EXEMPTION.—If the 

6 Secretary proposes, under this section, to require an oper7 ator of an unmanned aircraft system to hold an airman 

8 certificate, a medical certificate, or to have a minimum 

9 number of hours operating a manned aircraft, the Sec10 retary shall set forth the reasoning for such proposal and 

11 seek public notice and comment before imposing any such 

12 requirements. 

13 ‘‘(e) SUNSET.—The authority under this section for 

14 the Secretary to determine if certain unmanned aircraft 

15 systems may operate safely in the national airspace system 

16 terminates effective September 30, 2021.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) TABLE OF CONTENTS.—The table of con19 tents for chapter 448, as amended by section 2124 

20 of this Act, is further amended by inserting after the 

21 item relating to section 44804 the following: 

‘‘44805. Special authority for certain unmanned aircraft systems.’’. 

22 (2) SPECIAL RULES FOR CERTAIN UNMANNED

23 AIRCRAFT SYSTEMS.—Section 333 of the FAA Mod24 ernization and Reform Act of 2012 (49 U.S.C. 

25 40101 note) and the item relating to that section in 


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1 the table of contents under section 1(b) of that Act 

2 (126 Stat. 13) are repealed. 

3 SEC. 2126. ADDITIONAL RULEMAKING AUTHORITY. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) beyond visual line of sight operations, night7 time operations, and operations over people of un8 manned aircraft systems have tremendous poten9 tial— 

10 (A) to enhance both commercial and aca11 demic use; 

12 (B) to spur economic growth and develop13 ment through innovative applications of this 

14 emerging technology; and 

15 (C) to improve emergency response efforts 

16 as it relates to assessing damage to critical in17 frastructure such as roads, bridges, and utili18 ties, including water and power, ultimately 

19 speeding response time; 

20 (2) advancements in miniaturization of safety 

21 technologies, including for aircraft weighing under 

22 4.4 pounds, have increased economic opportunities 

23 for using unmanned aircraft systems while reducing 

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1 craft that may weigh 4.4 pounds or more, but less 

2 than 55 pounds; 

3 (3) advancements in unmanned technology will 

4 have the capacity to ultimately improve manned air5 craft safety; and 

6 (4) integrating unmanned aircraft systems safe7 ly into the national airspace, including beyond visual 

8 line of sight operations, nighttime operations on a 

9 routine basis, and operations over people should re10 main a top priority for the Federal Aviation Admin11 istration as it pursues additional rulemakings under 

12 the amendments made by this section. 

13 (b) IN GENERAL.—Chapter 448, as amended by sec14 tion 2125 of this Act, is further amended by inserting 

15 after section 44805 the following: 

16 ‘‘§ 44806. Additional rulemaking authority 

17 ‘‘(a) IN GENERAL.—Notwithstanding the rulemaking 

18 required by section 332 of the FAA Modernization and 

19 Reform Act of 2012 (49 U.S.C. 40101 note) or the guid20 ance required by section 44807 of this title and subject 

21 to subsection (b)(2) of this section and section 44808, the 

22 Administrator may issue regulations under which a person 

23 may operate certain unmanned aircraft systems (as deter24 mined by the Administrator) in the United States— 

25 ‘‘(1) without an airman certificate; 


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1 ‘‘(2) without an airworthiness certificate for the 

2 associated unmanned aircraft; or 

3 ‘‘(3) that are not registered with the Federal 

4 Aviation Administration. 

5 ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS OPER6 ATIONAL RULES.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding the rule8 making required by section 332 of the FAA Mod9 ernization and Reform Act of 2012 (49 U.S.C. 

10 40101 note), the Administrator shall issue regula11 tions not later than 270 days after the date of en12 actment of the Federal Aviation Administration Re13 authorization Act of 2017 under which any person 

14 may operate a micro unmanned aircraft system clas15 sification of unmanned aircraft systems, the aircraft 

16 component of which weighs 4.4 pounds or less, in17 cluding payload, without the person operating the 

18 system being required to pass any airman certifi19 cation requirement, including any requirements 

20 under section 44703 of this title, part 61 of title 14, 

21 Code of Federal Regulations, or any other rule or 

22 regulation relating to airman certification. 

23 ‘‘(2) OPERATIONAL RULES.—The rulemaking 

24 required by paragraph (1) relating to micro un25 manned aircraft systems shall consider the following 


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1 rules, or any appropriate modifications thereof con2 cerning altitude, airspeed, geographic location, and 

3 time of day as the Administrator considers appro4 priate, for operation of such systems: 

5 ‘‘(A) Operation at an altitude of less than 

6 400 feet above ground level. 

7 ‘‘(B) Operation with an airspeed of not 

8 greater than 40 knots. 

9 ‘‘(C) Operation within the visual line of 

10 sight of the operator. 

11 ‘‘(D) Operation during the hours between 

12 sunrise and sunset. 

13 ‘‘(E) Operation not less than 5 statute 

14 miles from the geographic center of an airport 

15 with an operational air traffic control tower or 

16 an airport denoted on a current aeronautical 

17 chart published by the Federal Aviation Admin18 istration, except that a micro unmanned air19 craft system may be operated within 5 statute 

20 miles of such an airport if the operator of the 

21 system— 

22 ‘‘(i) provides notice to the airport op23 erator; and 

24 ‘‘(ii) in the case of an airport with an 

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1 ceives approval from the air traffic control 

2 tower. 

3 ‘‘(c) SCOPE OF REGULATIONS.— 

4 ‘‘(1) IN GENERAL.—In determining whether a 

5 person may operate an unmanned aircraft system 

6 under 1 or more of the circumstances described 

7 under paragraphs (1) through (3) of subsection (a), 

8 the Administrator shall use a risk-based approach 

9 and consider, at a minimum, the physical and func10 tional characteristics of the micro unmanned aircraft 

11 system. 

12 ‘‘(2) LIMITATION.—The Administrator may 

13 only issue regulations under this section for micro 

14 unmanned aircraft systems that the Administrator 

15 determines may be operated safely in the national 

16 airspace system. 

17 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 

18 section may be construed— 

19 ‘‘(1) to prohibit a person from operating a 

20 micro unmanned aircraft system under a cir21 cumstance described under paragraphs (1) through 

22 (3) of subsection (a) if— 

23 ‘‘(A) the circumstance is allowed by regula24 tions issued under this section; and 


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1 ‘‘(B) the person operates the micro un2 manned aircraft system in a manner prescribed 

3 by the regulations; and 

4 ‘‘(2) to limit or affect in any way the Adminis5 trator’s authority to conduct a rulemaking, make a 

6 determination, or carry out any activity related to 

7 unmanned aircraft or unmanned aircraft systems 

8 under any other provision of law.’’. 

9 (c) TABLE OF CONTENTS.—The table of contents for 

10 chapter 448, as amended by section 2125 of this Act, is 

11 further amended by inserting after the item relating to 

12 section 44805 the following: 

‘‘44806. Additional rulemaking authority.’’. 

13 SEC. 2127. GOVERNMENTAL UNMANNED AIRCRAFT SYS14 TEMS. 

15 (a) IN GENERAL.—Chapter 448, as amended by sec16 tion 2126 of this Act, is further amended by inserting 

17 after section 44806 the following: 

18 ‘‘§ 44807. Public unmanned aircraft systems 

19 ‘‘(a) GUIDANCE.—The Secretary of Transportation 

20 shall issue guidance regarding the operation of a public 

21 unmanned aircraft system— 

22 ‘‘(1) to streamline the process for the issuance 

23 of a certificate of authorization or a certificate of 

24 waiver; 


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1 ‘‘(2) to provide for a collaborative process with 

2 public agencies to allow for an incremental expan3 sion of access to the national airspace system as 

4 technology matures and the necessary safety anal5 yses and data become available, and until standards 

6 are completed and technology issues are resolved; 

7 ‘‘(3) to facilitate the capability of public agen8 cies to develop and use test ranges, subject to oper9 ating restrictions required by the Federal Aviation 

10 Administration, to test and operate public unmanned 

11 aircraft systems; and 

12 ‘‘(4) to provide guidance on a public agency’s 

13 responsibilities when operating an unmanned air14 craft without a civil airworthiness certificate issued 

15 by the Administration. 

16 ‘‘(b) STANDARDS FOR OPERATION AND CERTIFI17 CATION.—The Administrator of the Federal Aviation Ad18 ministration shall develop and implement an operations 

19 and certification program for the operators of public un20 manned aircraft systems in the national airspace system. 

21 ‘‘(c) AGREEMENTS WITH GOVERNMENT AGEN22 CIES.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall enter 

24 into an agreement with each appropriate public 

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1 cate of waiver or a certificate of authorization with 

2 respect to an application for authorization to operate 

3 a public unmanned aircraft system in the national 

4 airspace system. 

5 ‘‘(2) CONTENTS.—An agreement under para6 graph (1) shall— 

7 ‘‘(A) with respect to an application de8 scribed in paragraph (1)— 

9 ‘‘(i) provide for an expedited review of 

10 the application; 

11 ‘‘(ii) require a decision by the Admin12 istrator on approval or disapproval not 

13 later than 60 business days after the date 

14 of submission of the application; 

15 ‘‘(iii) allow for an expedited appeal if 

16 the application is disapproved; and 

17 ‘‘(iv) if applicable, include verification 

18 of the data minimization policy required 

19 under subsection (d); 

20 ‘‘(B) allow for a one-time approval of simi21 lar operations carried out during a fixed period 

22 of time; and 

23 ‘‘(C) allow a government public safety 

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1 ing 25 pounds or less if that unmanned aircraft 

2 is operated— 

3 ‘‘(i) within or beyond the visual line of 

4 sight of the operator; 

5 ‘‘(ii) less than 400 feet above the 

6 ground; 

7 ‘‘(iii) during daylight conditions; 

8 ‘‘(iv) within Class G airspace; and 

9 ‘‘(v) outside of 5 statute miles from 

10 any airport, heliport, seaplane base, space11 port, or other location with aviation activi12 ties. 

13 ‘‘(d) DATA MINIMIZATION FOR CERTAIN PUBLIC UN14 MANNED AIRCRAFT SYSTEM OPERATORS.—Not later than 

15 180 days after the date of enactment of the Federal Avia16 tion Administration Reauthorization Act of 2017 each 

17 Federal agency authorized by the Secretary to operate an 

18 unmanned aircraft system shall develop and update a data 

19 minimization policy that requires, at a minimum, that— 

20 ‘‘(1) prior to the deployment of any new un21 manned aircraft system technology, and at least 

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1 craft system must be examined to ensure that pri2 vacy, civil rights, and civil liberties are protected; 

3 ‘‘(2) if the unmanned aircraft system is the 

4 platform for information collection, information 

5 must be collected, used, retained, and disseminated 

6 consistent with the Constitution, Federal law, and 

7 other applicable regulations and policies, such as 

8 section 552a of title 5 (commonly known as the Pri9 vacy Act of 1974); 

10 ‘‘(3) the Federal agency, or person operating on 

11 its behalf, only collect information using the un12 manned aircraft system, or use unmanned aircraft 

13 system-collected information, to the extent that the 

14 collection or use is consistent with and relevant to 

15 an authorized purpose as determined by the head of 

16 the Federal agency and consistent with the law; 

17 ‘‘(4) any information collected, using an un18 manned aircraft or an unmanned aircraft system, 

19 that may contain personal information will not be 

20 retained by any Federal agency for more than 180 

21 days after the date of collection unless— 

22 ‘‘(A) the head of the Federal agency deter23 mines that retention of the information is di24 rectly relevant and necessary to accomplish the 


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1 specific purpose for which the Federal agency 

2 used the unmanned aircraft system; 

3 ‘‘(B) that Federal agency maintains the in4 formation in a system of records under section 

5 552a of title 5; or 

6 ‘‘(C) the information is required to be re7 tained for a longer period under other applica8 ble law, including regulations; 

9 ‘‘(5) any information collected, using an un10 manned aircraft or unmanned aircraft system, that 

11 is not maintained in a system of records under sec12 tion 552a of title 5, will not be disseminated outside 

13 of that Federal agency unless— 

14 ‘‘(A) dissemination is required by law; or 

15 ‘‘(B) dissemination satisfies an authorized 

16 purpose and complies with that Federal agen17 cy’s disclosure requirements; 

18 ‘‘(6) to the extent it does not compromise law 

19 enforcement or national security a Federal agency 

20 shall— 

21 ‘‘(A) provide notice to the public regarding 

22 where in the national airspace system the Fed23 eral agency is authorized to operate the un24 manned aircraft system; 


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1 ‘‘(B) keep the public informed about the 

2 Federal agency’s unmanned aircraft system 

3 program, including any changes to that pro4 gram that would significantly affect privacy, 

5 civil rights, or civil liberties; 

6 ‘‘(C) make available to the public, on an 

7 annual basis, a general summary of the Federal 

8 agency’s unmanned aircraft system operations 

9 during the previous fiscal year, including— 

10 ‘‘(i) a brief description of types or cat11 egories of missions flown; and 

12 ‘‘(ii) the number of times the Federal 

13 agency provided assistance to other agen14 cies or to State, local, tribal, or territorial 

15 governments; and 

16 ‘‘(D) make available on a public and 

17 searchable Internet Web site the data minimiza18 tion policy of the Federal agency; 

19 ‘‘(7) ensures oversight of the Federal agency’s 

20 unmanned aircraft system use, including— 

21 ‘‘(A) the use of audits or assessments that 

22 comply with existing Federal agency policies 

23 and regulations; 

24 ‘‘(B) the verification of the existence of 

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1 ernment personnel and contractors who work on 

2 programs, and procedures for reporting sus3 pected cases of misuse or abuse of unmanned 

4 aircraft system technologies; 

5 ‘‘(C) the establishment of policies and pro6 cedures, or confirmation that policies and pro7 cedures are in place, that provide meaningful 

8 oversight of individuals who have access to sen9 sitive information, including personal informa10 tion, collected using an unmanned aircraft sys11 tem; 

12 ‘‘(D) ensuring that any data-sharing 

13 agreements or policies, data use policies, and 

14 record management policies applicable to an un15 manned aircraft system conform to applicable 

16 laws, including regulations and policies; 

17 ‘‘(E) the establishment of policies and pro18 cedures, or confirmation that policies and pro19 cedures exist, to authorize the use of an un20 manned aircraft system in response to a request 

21 for unmanned aircraft system assistance in sup22 port of Federal, State, local, tribal, or terri23 torial government operations; and 

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1 eral grant funding for the purchase or use of 

2 unmanned aircraft systems for their own oper3 ations have in place policies and procedures to 

4 safeguard individuals’ privacy, civil rights, and 

5 civil liberties prior to expending such funds; and 

6 ‘‘(8) ensures the protection of civil rights and 

7 civil liberties, including— 

8 ‘‘(A) ensuring that policies are in place to 

9 prohibit the collection, use, retention, or dis10 semination of data in any manner that would 

11 violate the First Amendment or in any manner 

12 that would discriminate against persons based 

13 upon their ethnicity, race, gender, national ori14 gin, religion, sexual orientation, or gender iden15 tity, in violation of law; 

16 ‘‘(B) ensuring that unmanned aircraft sys17 tem activities are performed in a manner con18 sistent with the Constitution and applicable 

19 laws, including Executive orders and other 

20 Presidential directives; and 

21 ‘‘(C) ensuring that adequate procedures 

22 are in place to receive, investigate, and address, 

23 as appropriate, privacy, civil rights, and civil 

24 liberties complaints. 


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1 ‘‘(e) FEDERAL AGENCY COORDINATION TO EN2 HANCE THE PUBLIC HEALTH AND SAFETY CAPABILITIES

3 OF PUBLIC UNMANNED AIRCRAFT SYSTEMS.—The Ad4 ministrator shall assist and enable, without undue inter5 ference, Federal civilian government agencies that operate 

6 unmanned aircraft systems within civil-controlled air7 space, in operationally deploying and integrating sense 

8 and avoid capabilities, as necessary to operate unmanned 

9 aircraft systems safely and effectively within the National 

10 Air Space. 

11 ‘‘(f) LAW ENFORCEMENT AND NATIONAL SECU12 RITY.—Each Federal agency shall effectuate a require13 ment under subsection (d) only to the extent it does not 

14 compromise law enforcement or national security. 

15 ‘‘(g) DEFINITION OF FEDERAL AGENCY.—In sub16 sections (e) and (g), the term ‘Federal agency’ has the 

17 meaning given the term ‘agency’ in section 552(f) of title 

18 5.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) TABLE OF CONTENTS.—The table of con21 tents for chapter 448, as amended by section 2126 

22 of this Act, is further amended by inserting after the 

23 item relating to section 44806 the following: 

‘‘44807. Public unmanned aircraft systems.’’. 

24 (2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.— 

25 Section 334 of the FAA Modernization and reform 


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1 Act of 2012 (49 U.S.C. 40101 note) and the item 

2 relating to that section in the table of contents 

3 under section 1(b) of that Act (126 Stat. 13) are re4 pealed. 

5 (3) FACILITATING INTERAGENCY COOPERATION

6 FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUP7 PORT OF FIREFIGHTING OPERATIONS AND UTILITY

8 RESTORATION.—Section 2204(a) of the FAA Exten9 sion Safety and Security Act of 2016 (Public Law 

10 114–190; 130 Stat. 615) is amended by striking 

11 ‘‘section 334(c) of the FAA Modernization and Re12 form Act of 2012 (49 U.S.C. 40101 note)’’ and in13 serting ‘‘section 44807’’. 

14 SEC. 2128. SPECIAL RULES FOR MODEL AIRCRAFT. 

15 (a) IN GENERAL.—Chapter 448, as amended by sec16 tion 2127 of this Act, is further amended by inserting 

17 after section 44807 the following: 

18 ‘‘§ 44808. Special rules for model aircraft 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (d), and notwithstanding any other provision of law relat21 ing to the incorporation of unmanned aircraft systems into 

22 Federal Aviation Administration plans and policies, in23 cluding this chapter, the Administrator of the Federal 

24 Aviation Administration may not promulgate any new rule 

25 or regulation regarding an unmanned aircraft operating 


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1 as a model aircraft or an unmanned aircraft being devel2 oped as a model aircraft if— 

3 ‘‘(1) the aircraft is flown strictly for hobby or 

4 recreational use; 

5 ‘‘(2) the aircraft is operated in accordance with 

6 a community-based set of safety guidelines and with7 in the programming of a nationwide community8 based organization; 

9 ‘‘(3) not flown beyond the visual line of sight of 

10 persons co-located with the operator or in direct 

11 communication with the operator; 

12 ‘‘(4) the aircraft is operated in a manner that 

13 does not interfere with and gives way to any manned 

14 aircraft; 

15 ‘‘(5) when flown within 5 miles of an airport, 

16 the operator of the aircraft provides the airport op17 erator, where applicable, and the airport air traffic 

18 control tower (when an air traffic facility is located 

19 at the airport) with prior notice of the operation 

20 (model aircraft operators flying from a permanent 

21 location within 5 miles of an airport should establish 

22 a mutually agreed upon operating procedure with 

23 the airport operator and the airport air traffic con24 trol tower (when an air traffic facility is located at 


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1 the airport)), unless the Administrator determines 

2 approval should be required; 

3 ‘‘(6) the aircraft is flown from the surface to 

4 not more than 400 feet in altitude, except under 

5 special conditions and programs established by a 

6 community-based organization; and 

7 ‘‘(7) the operator has passed an aeronautical 

8 knowledge and safety test administered by the Fed9 eral Aviation Administration online for the operation 

10 of unmanned aircraft systems subject to the require11 ments of section 44809 or developed and adminis12 tered by the community-based organization and 

13 maintains proof of test passage to be made available 

14 to the Administrator or law enforcement upon re15 quest. 

16 ‘‘(b) UPDATES.— 

17 ‘‘(1) IN GENERAL.—The Administrator, in col18 laboration with government and industry stake19 holders, including nationwide community-based orga20 nizations, shall initiate a process to update the oper21 ational parameters under subsection (a), as appro22 priate. 

23 ‘‘(2) CONSIDERATIONS.—In updating an oper24 ational parameter under paragraph (1), the Admin25 istrator shall consider— 


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1 ‘‘(A) appropriate operational limitations to 

2 mitigate aviation safety risk and risk to the un3 involved public; 

4 ‘‘(B) operations outside the membership, 

5 guidelines, and programming of a nationwide 

6 community-based organization; 

7 ‘‘(C) physical characteristics, technical 

8 standards, and classes of aircraft operating 

9 under this section; 

10 ‘‘(D) trends in use, enforcement, or inci11 dents involving unmanned aircraft systems; and 

12 ‘‘(E) ensuring, to the greatest extent prac13 ticable, that updates to the operational param14 eters correspond to, and leverage, advances in 

15 technology. 

16 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub17 section shall be construed as expanding the author18 ity of the Administrator to require operators of 

19 model aircraft under the exemption of this sub20 section to be required to seek permissive authority of 

21 the Administrator prior to operation in the national 

22 airspace system. 

23 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 

24 section shall be construed to limit the authority of the AdVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 ministrator to pursue enforcement action against persons 

2 operating model aircraft. 

3 ‘‘(d) EXCEPTIONS.—The Administrator may promul4 gate rules relating to the registration and marking of 

5 model aircraft. 

6 ‘‘(e) MODEL AIRCRAFT DEFINED.—In this section, 

7 the term ‘model aircraft’ means an unmanned aircraft 

8 that— 

9 ‘‘(1) is capable of sustained flight in the atmos10 phere; and 

11 ‘‘(2) is limited to weighing less than 55 pounds, 

12 including the weight of anything attached to or car13 ried by the aircraft, unless otherwise approved 

14 through a design, construction, inspection, flight 

15 test, and operational safety program administered by 

16 a community-based organization.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) TABLE OF CONTENTS.—The table of con19 tents for chapter 448, as amended by section 2127 

20 of this Act, is further amended by inserting after the 

21 item relating to section 44807 the following: 

‘‘44808. Special rules for model aircraft.’’. 

22 (2) SPECIAL RULE FOR MODEL AIRCRAFT.— 

23 Section 336 of the FAA Modernization and Reform 

24 Act of 2012 (49 U.S.C. 40101 note) and the item 

25 relating to that section in the table of contents 


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1 under section 1(b) of that Act (126 Stat. 13) are re2 pealed. 

3 SEC. 2129. AUTHORITY. 

4 The rules adopted by the Administrator of the Fed5 eral Aviation Administration in the matter of registration 

6 and marking requirements for small unmanned aircraft 

7 (FAA–2015–7396; published on December 16, 2015) that 

8 were vacated by the United States Court of Appeals for 

9 the District of Columbia Circuit in Taylor v. Huerta (No. 

10 15–1495; decided on May 19, 2017) shall be restored to 

11 effect on the date of enactment of this Act. 

12 SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL 

13 KNOWLEDGE AND SAFETY. 

14 (a) IN GENERAL.—Chapter 448, as amended by sec15 tion 2128 of this Act, is further amended by inserting 

16 after section 44808 the following: 

17 ‘‘§ 44809. Aeronautical knowledge and safety test 

18 ‘‘(a) IN GENERAL.—An individual may not operate 

19 an unmanned aircraft system unless— 

20 ‘‘(1) the individual has successfully completed 

21 an aeronautical knowledge and safety test under 

22 subsection (c); 

23 ‘‘(2) the individual has authority to operate an 

24 unmanned aircraft under other Federal law; 


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1 ‘‘(3) the individual is a holder of an airmen cer2 tificate issued under section 44703; or 

3 ‘‘(4) the individual is operating a model aircraft 

4 or an unmanned aircraft being developed as a model 

5 aircraft under section 44808 and has successfully 

6 completed an aeronautical knowledge and safety test 

7 in accordance with the community-based organiza8 tions safety program described in that section. 

9 ‘‘(b) EXCEPTION.—This section shall not apply to the 

10 operation of an unmanned aircraft system that has been 

11 authorized by the Federal Aviation Administration under 

12 section 44802, 44805, 44806, or 44807. The Adminis13 trator may waive the requirements of this section for oper14 ators of aircraft weighing less than 0.55 pounds or for 

15 operators under the age of 13 operating the unmanned 

16 aircraft system under the supervision of an adult as deter17 mined by the Administrator. 

18 ‘‘(c) AERONAUTICAL KNOWLEDGE AND SAFETY

19 TEST.—Not later than 180 days after the date of enact20 ment of the Federal Aviation Administration Reauthoriza21 tion Act of 2017, the Administrator of the Federal Avia22 tion Administration, in consultation with manufacturers 

23 of unmanned aircraft systems, other industry stake24 holders, and community-based aviation organizations, 


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1 shall develop an aeronautical knowledge and safety test 

2 that can be administered electronically. 

3 ‘‘(d) REQUIREMENTS.—The Administrator shall en4 sure that the aeronautical knowledge and safety test is de5 signed to adequately demonstrate an operator’s— 

6 ‘‘(1) understanding of aeronautical safety 

7 knowledge, as applicable; and 

8 ‘‘(2) knowledge of Federal Aviation Administra9 tion regulations and requirements pertaining to the 

10 operation of an unmanned aircraft system in the na11 tional airspace system. 

12 ‘‘(e) RECORD OF COMPLIANCE.— 

13 ‘‘(1) IN GENERAL.—Each operator of an un14 manned aircraft system described under subsection 

15 (a) shall maintain and make available for inspection, 

16 upon request by the Administrator or a Federal, 

17 State, or local law enforcement officer, a record of 

18 compliance with this section through— 

19 ‘‘(A) an identification number, issued by 

20 the Federal Aviation Administration certifying 

21 passage of the aeronautical knowledge and safe22 ty test; 

23 ‘‘(B) if the individual has authority to op24 erate an unmanned aircraft system under other 


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1 Federal law, the requisite proof of authority 

2 under that law; or 

3 ‘‘(C) an airmen certificate issued under 

4 section 44703. 

5 ‘‘(2) COORDINATION.—The Administrator may 

6 coordinate the identification number under para7 graph (1)(A) with an operator’s registration number 

8 to the extent practicable. 

9 ‘‘(3) LIMITATION.—No fine or penalty may be 

10 imposed for the initial failure of an operator of an 

11 unmanned aircraft system to comply with paragraph 

12 (1) unless the Administrator finds that the conduct 

13 of the operator actually posed a risk to the national 

14 airspace system.’’. 

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

16 chapter 448, as amended by section 2128 of this Act, is 

17 further amended by inserting after the item relating to 

18 section 44808 the following: 

‘‘44809. Aeronautical knowledge and safety test.’’. 

19 SEC. 2131. TREATMENT OF UNMANNED AIRCRAFT OPER20 ATING UNDERGROUND. 

21 An unmanned aircraft system that is operated under22 ground for mining purposes shall not be subject to regula23 tion or enforcement by the Federal Aviation Administra24 tion under chapter 448 of title 49, United States Code. 


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1 SEC. 2132. ENFORCEMENT. 

2 (a) UAS SAFETY ENFORCEMENT.—The Adminis3 trator of the Federal Aviation Administration shall estab4 lish a program to utilize available remote detection and 

5 identification technologies for safety oversight, including 

6 enforcement actions against operators of unmanned air7 craft systems that are not in compliance with applicable 

8 Federal aviation laws, including regulations. 

9 (b) CIVIL PENALTIES.— 

10 (1) IN GENERAL.—Section 46301 is amended— 

11 (A) in subsection (a)(1)(A), by inserting 

12 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec13 tions 44717 and 44719–44723),’’; 

14 (B) in subsection (a)(5), by inserting 

15 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec16 tions 44717–44723),’’; 

17 (C) in subsection (d)(2), by inserting 

18 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec19 tions 44717 and 44719–44723),’’; and 

20 (D) in subsection (f), by inserting ‘‘chapter 

21 448,’’ after ‘‘chapter 447 (except 44717 and 

22 44719–44723),’’. 

23 (2) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed to limit the authority 

25 of the Administrator to pursue an enforcement ac26 tion for a violation of this Act, a regulation preVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 scribed or order or authority issued under this Act, 

2 or any other applicable provision of aviation safety 

3 law or regulation. 

4 (c) REPORTING.—As part of the program, the Ad5 ministrator shall establish and publicize a mechanism for 

6 the public and Federal, State, and local law enforcement 

7 to report a suspected abuse or a violation of chapter 448 

8 of title 49, United States Code, for enforcement action. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this section, there is authorized to be appropriated 

11 $5,000,000 for each of the fiscal years 2018 through 

12 2021. 

13 SEC. 2133. AIRPORT SAFETY AND AIRSPACE HAZARD MITI14 GATION AND ENFORCEMENT. 

15 (a) IN GENERAL.—Chapter 448, as amended by sec16 tion 2130 of this Act, is further amended by inserting 

17 after section 44809 the following: 

18 ‘‘§ 44810. Airport safety and airspace hazard mitiga19 tion and enforcement 

20 ‘‘(a) AUTHORITY.—The Administrator of the Federal 

21 Aviation Administration shall work with the Secretary of 

22 Defense, the Secretary of Homeland Security, and the 

23 heads of other relevant Federal departments and agencies 

24 for the purpose of ensuring that technologies or systems 

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1 ments and agencies to detect and mitigate potential 

2 threats posed by errant or hostile unmanned aircraft sys3 tem operations do not adversely impact or interfere with 

4 safe airport operations, navigation, air traffic services, or 

5 the safe and efficient operation of the national airspace 

6 system. 

7 ‘‘(b) PLAN.— 

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of the Federal Aviation 

10 Administration Reauthorization Act of 2017, the 

11 Administrator shall develop a plan for the certifi12 cation, permitting, authorizing, or allowing of the 

13 deployment of technologies or systems for the detec14 tion and mitigation of unmanned aircraft systems. 

15 ‘‘(2) CONTENTS.—The plan shall include the 

16 development of policies, procedures, or protocols that 

17 will allow appropriate officials of Federal, State, or 

18 local agencies requesting to utilize such technologies 

19 or systems to take steps to detect and mitigate po20 tential airspace safety threats posed by unmanned 

21 aircraft system operations. 

22 ‘‘(3) AVIATION RULEMAKING ADVISORY COM23 MITTEE.—The Administrator may charter an avia24 tion rulemaking advisory committee to make rec25 ommendations for such a plan and any standards 


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1 that the Administrator determines may need to be 

2 developed with respect to such technologies or sys3 tems. The Federal Advisory Committee Act (5 

4 U.S.C. App.) shall not apply to an aviation rule5 making advisory committee chartered under this 

6 paragraph. 

7 ‘‘(c) AIRSPACE HAZARD MITIGATION PROGRAM.—In 

8 order to test and evaluate technologies or systems to de9 tect and mitigate potential airspace safety threats posed 

10 by unmanned aircraft system operations, the Adminis11 trator shall deploy such technologies or systems at 5 air12 ports. 

13 ‘‘(d) AUTHORITY.—Under the testing and evaluation 

14 in subsection (c), the Administrator may use unmanned 

15 aircraft detection and mitigation systems to detect and 

16 mitigate the unauthorized operation of an unmanned air17 craft that poses a risk to airspace safety. Utilization of 

18 such technologies or systems, and the communications 

19 sent using such technologies and systems to unmanned 

20 aircraft systems, shall be regarded as equivalent to separa21 tion instructions to pilots of manned aircraft. 

22 ‘‘(e) AIP FUNDING ELIGIBILITY.—Upon the certifi23 cation, permitting, authorizing, or allowing of such tech24 nologies and systems that have been successfully tested 

25 under this section, an airport sponsor may apply for a 


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1 grant under subchapter I of chapter 471 to purchase an 

2 unmanned aircraft detection and mitigation system. For 

3 purposes of this subsection, purchasing an unmanned air4 craft detection and mitigation system shall be considered 

5 airport development (as defined in section 47102). 

6 ‘‘(f) REPORT.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of the Federal Aviation Ad9 ministration Reauthorization Act of 2017, and annu10 ally thereafter, the Administrator shall submit to the 

11 appropriate committees of Congress a report on the 

12 implementation of this section, including the testing 

13 and evaluation of detection and mitigation systems 

14 under this section. 

15 ‘‘(2) CONTENTS.—The report under paragraph 

16 (1) shall include the following: 

17 ‘‘(A) The number of unauthorized un18 manned aircraft operations detected, together 

19 with a description of such operations. 

20 ‘‘(B) The number of instances in which 

21 unauthorized unmanned aircraft were miti22 gated, together with a description of such in23 stances. 

24 ‘‘(C) The number of enforcement cases 

25 brought by the Federal Aviation Administration 


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1 for unauthorized operation of unmanned air2 craft detected through the program, together 

3 with a description of such cases. 

4 ‘‘(D) The number of any technical failures 

5 in the program, together with a description of 

6 such failures. 

7 ‘‘(E) Recommendations for safety and 

8 operational standards for unmanned aircraft 

9 detection and mitigation systems. 

10 ‘‘(3) FORMAT.—To the extent practicable, the 

11 report prepared under paragraph (1) shall be sub12 mitted in a classified format. If appropriate, the re13 port may include an unclassified summary. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated from the Airport and Air16 way Trust Fund to carry out this section $6,000,000 for 

17 each of fiscal years 2018 through 2021, to remain avail18 able until expended. 

19 ‘‘(h) APPLICABILITY OF OTHER LAWS.—Section 32 

20 of title 18, United States Code (commonly known as the 

21 Aircraft Sabotage Act), section 1031 of title 18, United 

22 States Code (commonly known as the Computer Fraud 

23 and Abuse Act of 1986), sections 2510–2522 of title 18, 

24 United States Code (commonly known as the Wiretap 

25 Act), and sections 3121–3127 of title 18, United States 


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1 Code (commonly known as the Pen/Trap Statute), shall 

2 not apply to any activity authorized by the Administrator 

3 pursuant to this section. 

4 ‘‘(i) SUNSET.—This section ceases to be effective 

5 September 30, 2021.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) TABLE OF CONTENTS.—The table of con8 tents for chapter 448, as amended by section 2130 

9 of this Act, is further amended by inserting after the 

10 item relating to section 44809 the following: 

‘‘44810. Airport safety and airspace hazard mitigation and enforcement.’’. 

11 (2) PILOT PROJECT FOR AIRPORT SAFETY AND

12 AIRSPACE HAZARD MITIGATION.—Section 2206 of 

13 the FAA Extension Safety and Security Act of 2016 

14 (Public Law 114–190; 130 Stat. 615) and the item 

15 relating to that section in the table of contents 

16 under section 1(b) of that Act are repealed. 

17 SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERV18 ICES DISRUPTION. 

19 Section 46320(a) is amended by inserting ‘‘, includ20 ing helicopter air ambulance operations,’’ after ‘‘emer21 gency response effort’’. 


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1 SEC. 2135. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN2 MENTS. 

3 (a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN4 MENTS.—Section 40102(a)(41) is amended by adding at 

5 the end the following: 

6 ‘‘(F) An unmanned aircraft that is owned 

7 and operated by or exclusively leased for at 

8 least 90 consecutive days by an Indian tribal 

9 government (as defined in section 102 of the 

10 Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5122)), except 

12 as provided in section 40125(b).’’. 

13 (b) CONFORMING AMENDMENT.—Section 40125(b) 

14 is amended by striking ‘‘or (D)’’ and inserting ‘‘(D), or 

15 (F)’’. 

16 SEC. 2136. CARRIAGE OF PROPERTY BY SMALL UNMANNED 

17 AIRCRAFT SYSTEMS FOR COMPENSATION OR 

18 HIRE. 

19 (a) IN GENERAL.—Chapter 448, as amended by sec20 tion 2133 of this Act, is further amended by adding after 

21 section 44810 the following: 

22 ‘‘§ 44811. Carriage of property by small unmanned 

23 aircraft systems for compensation or hire 

24 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

25 date of enactment of the Federal Aviation Administration 

26 Reauthorization Act of 2017, the Secretary of TransporVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 tation shall issue a final rule authorizing the carriage of 

2 property by operators of small unmanned aircraft systems 

3 for compensation or hire within the United States. 

4 ‘‘(b) CONTENTS.—The final rule required under sub5 section (a) shall provide for the following: 

6 ‘‘(1) SMALL UAS AIR CARRIER CERTIFICATE.— 

7 The Administrator of the Federal Aviation Adminis8 tration, at the direction of the Secretary, shall estab9 lish a certificate (to be known as a ‘small UAS air 

10 carrier certificate’) for persons that undertake di11 rectly, by lease, or other arrangement the operation 

12 of small unmanned aircraft systems to carry prop13 erty in air transportation, including commercial fleet 

14 operations with highly automated unmanned aircraft 

15 systems. The requirements to operate under a small 

16 UAS air carrier certificate shall— 

17 ‘‘(A) consider the unique characteristics of 

18 highly automated, small unmanned aircraft sys19 tems; and 

20 ‘‘(B) include requirements for the safe op21 eration of small unmanned aircraft systems 

22 that, at a minimum, address— 

23 ‘‘(i) airworthiness of small unmanned 

24 aircraft systems; 


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1 ‘‘(ii) qualifications for operators and 

2 the type and nature of the operations; and 

3 ‘‘(iii) operating specifications gov4 erning the type and nature of the un5 manned aircraft system air carrier oper6 ations. 

7 ‘‘(2) SMALL UAS AIR CARRIER CERTIFICATION

8 PROCESS.—The Administrator, at the direction of 

9 the Secretary, shall establish a process for the 

10 issuance of small UAS air carrier certificates estab11 lished pursuant to paragraph (1) that is perform12 ance-based and ensures required safety levels are 

13 met. Such certification process shall consider— 

14 ‘‘(A) safety risks and the mitigation of 

15 those risks associated with the operation of 

16 highly automated, small unmanned aircraft 

17 around other manned and unmanned aircraft, 

18 and over persons and property on the ground; 

19 ‘‘(B) the competencies and compliance pro20 grams of manufacturers, operators, and compa21 nies that manufacture, operate, or both small 

22 unmanned aircraft systems and components; 

23 and 

24 ‘‘(C) compliance with the requirements es25 tablished pursuant to paragraph (1). 


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1 ‘‘(3) SMALL UAS AIR CARRIER CLASSIFICA2 TION.—The Secretary shall develop a classification 

3 system for persons issued small UAS air carrier cer4 tificates pursuant to this subsection to establish eco5 nomic authority for the carriage of property by small 

6 unmanned aircraft systems for compensation or hire. 

7 Such classification shall only require— 

8 ‘‘(A) registration with the Department of 

9 Transportation; and 

10 ‘‘(B) a valid small UAS air carrier certifi11 cate issued pursuant to this subsection.’’. 

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

13 chapter 448, as amended by section 2133 of this Act, is 

14 further amended by adding after the item relating to sec15 tion 44810 the following: 

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

16 SEC. 2137. COLLEGIATE TRAINING INITIATIVE PROGRAM 

17 FOR UNMANNED AIRCRAFT SYSTEMS. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall establish a Colle21 giate Training Initiative program relating to unmanned 

22 aircraft systems by making new agreements or continuing 

23 existing agreements with institutions of higher education 

24 (as defined by the Administrator) under which the instituVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 tions prepare students for careers involving unmanned air2 craft systems. The Administrator may establish standards 

3 for the entry of such institutions into the program and 

4 for their continued participation in the program. 

5 (b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In 

6 this section, the term ‘‘unmanned aircraft system’’ has the 

7 meaning given that term by section 44801 of title 49, 

8 United States Code, as added by section 2121 of this Act. 

9 SEC. 2138. INCORPORATION OF FEDERAL AVIATION ADMIN10 ISTRATION OCCUPATIONS RELATING TO UN11 MANNED AIRCRAFT INTO VETERANS EM12 PLOYMENT PROGRAMS OF THE ADMINISTRA13 TION. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Administrator of the Federal Avia16 tion Administration, in consultation with the Secretary of 

17 Veterans Affairs, the Secretary of Defense, and the Sec18 retary of Labor, shall determine whether occupations of 

19 the Administration relating to unmanned aircraft systems 

20 technology and regulations can be incorporated into the 

21 Veterans’ Employment Program of the Administration, 

22 particularly in the interaction between such program and 

23 the New Sights Work Experience Program and the Vet24 Link Cooperative Education Program. 


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1 SEC. 2139. REPORT ON UAS AND CHEMICAL AERIAL APPLI2 CATION. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Administrator of the Federal Aviation Ad5 ministration shall submit to the appropriate committees 

6 of Congress a report evaluating which aviation safety re7 quirements under part 137 of title 14, Code of Federal 

8 Regulations, should apply to unmanned aircraft system 

9 operations engaged in aerial spraying of chemicals for ag10 ricultural purposes. 

11 SEC. 2140. PART 107 IMPLEMENTATION IMPROVEMENTS. 

12 (a) TRANSPARENCY.—Not later than 30 days after 

13 the date of enactment of this Act, the Administrator of 

14 the Federal Aviation Administration shall publish on the 

15 Federal Aviation Administration Web site a representative 

16 sample of the safety justifications offered by applicants 

17 for waivers or air traffic control authorizations that have 

18 been approved by the Administration for each regulation 

19 waived or class of airspace authorized, except that any 

20 published justification shall not reveal proprietary or com21 mercially sensitive information. 

22 (b) TECHNOLOGY IMPROVEMENTS.—Not later than 

23 60 days after the date of enactment of this Act, the Ad24 ministrator shall revise the online waiver and air traffic 

25 control authorization processes— 


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1 (1) to provide real time confirmation that an 

2 application filed online has been received by the Ad3 ministration; and 

4 (2) to provide an applicant with an opportunity 

5 to review the status of the applicant’s application. 

6 SEC. 2141. REDESIGNATION. 

7 (a) SAFETY STATEMENTS.— 

8 (1) IN GENERAL.—Section 2203 of the FAA 

9 Extension Safety and Security Act of 2016 (Public 

10 Law 114–190; 130 Stat. 615) is redesignated as 

11 section 44812 of chapter 448 of title 49, United 

12 States Code, and transferred so as to appear after 

13 section 44811 of title 49, United States Code, as 

14 added by section 2136 of this Act. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENTS.—Section 44812(b), as redesignated, is 

17 amended— 

18 (A) in paragraph (1), by striking ‘‘this 

19 Act’’ and inserting ‘‘the FAA Extension Safety 

20 and Security Act of 2016’’; and 

21 (B) in clauses (i), (ii), and (iii) of para22 graph (2)(D), by striking ‘‘section 336 of the 

23 FAA Modernization and Reform Act of 2012 

24 949 U.S.C. 40101 note)’’ and inserting ‘‘section 

25 44808’’. 


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1 (b) EMERGENCY EXEMPTION PROCESS.— 

2 (1) IN GENERAL.—Section 2207 of the FAA 

3 Extension Safety and Security Act of 2016 (Public 

4 Law 114–190; 130 Stat. 615) is redesignated as 

5 section 44813 of chapter 448 of title 49, United 

6 States Code, and transferred so as to appear after 

7 section 44812 of title 49, United States Code, as re8 designated by subsection (a)(1) of this section. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENTS.—Section 44813(a), as redesignated, is 

11 amended by striking ‘‘this Act’’ and inserting ‘‘the 

12 FAA Extension Safety and Security Act of 2016’’. 

13 (c) APPLICATIONS FOR DESIGNATION.— 

14 (1) IN GENERAL.—Section 2209 of the FAA 

15 Extension Safety and Security Act of 2016 (Public 

16 Law 114–190; 130 Stat. 615) is redesignated as 

17 section 44814 of chapter 448 of title 49, United 

18 States Code, and transferred so as to appear after 

19 section 44813 of title 49, United States Code, as re20 designated by subsection (b)(1) of this section. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENTS.—Section 44814(a), as redesignated, is 

23 amended by striking ‘‘this Act’’ and inserting ‘‘the 

24 FAA Extension Safety and Security Act of 2016’’. 


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1 (d) OPERATIONS ASSOCIATED WITH CRITICAL IN2 FRASTRUCTURE.— 

3 (1) IN GENERAL.—Section 2210 of the FAA 

4 Extension Safety and Security Act of 2016 (Public 

5 Law 114–190; 130 Stat. 615) is redesignated as 

6 section 44815 of chapter 448 of title 49, United 

7 States Code, and transferred so as to appear after 

8 section 44814 of title 49, United States Code, as re9 designated by subsection (c)(1) of this section. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENTS.—Section 44815, as redesignated, is amend12 ed— 

13 (A) in subsections (a), (d)(2), and (e), by 

14 striking ‘‘section 333 of the FAA Modernization 

15 and Reform Act of 2012 (49 U.S.C. 40101 

16 note)’’ and inserting ‘‘section 44805’’; 

17 (B) in subsection (c)(2), by striking ‘‘, 

18 United States Code’’; and 

19 (C) in subsection (d)(1), by striking ‘‘this 

20 Act’’ and inserting ‘‘the FAA Extension Safety 

21 and Security Act of 2016’’. 


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1 PART III—OTHER MATTERS 

2 SEC. 2151. FEDERAL AND LOCAL AUTHORITIES. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall— 

6 (1) conduct a study on the relative roles of the 

7 Federal Government and State and local govern8 ments in regulating the national airspace system, in9 cluding unmanned aircraft systems operations; and 

10 (2) submit to the appropriate committees of 

11 Congress a report on the study, including the Comp12 troller General’s findings, conclusions, and rec13 ommendations. 

14 (b) CONTENTS.—The study under subsection (a) 

15 shall review the following: 

16 (1) The current state of the law with respect to 

17 Federal authority over airspace in the United States 

18 and the operations of aircraft in that airspace. 

19 (2) The current state of the law with respect to 

20 state and local authority over airspace in the United 

21 States and the operations of aircraft in that air22 space; 

23 (3) Potential gaps between authorities under 

24 paragraphs (1) and (2), particularly with respect to 

25 unmanned aircraft systems operations at low alti26 tudes; 


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1 (4) The effectiveness of the Federal Govern2 ment’s efforts to resolve differences between dif3 ferent stakeholders on the issue. 

4 (5) Potential ways to structure the roles and re5 sponsibilities between the Federal Government and 

6 State and local governments to ensure the highest 

7 level of safety for all aviation operations and in con8 sideration of State and local interests on issues such 

9 as nuisance, voyeurism, privacy, trespass, harass10 ment, reckless endangerment, wrongful death, per11 sonal injury, property damage, or other illegal acts 

12 arising from the use of unmanned aircraft systems. 

13 SEC. 2152. SPECTRUM. 

14 (a) IN GENERAL.—Small unmanned aircraft systems 

15 may use spectrum for wireless control link, tracking, 

16 diagnostics, payload communication, and collaborative-col17 lision avoidance, such as vehicle-to-vehicle communication, 

18 and other uses, consistent with the Communications Act 

19 of 1934 (47 U.S.C. 151 et seq.), Federal Communications 

20 Commission rules, and the safety-of-life determination 

21 made by the Federal Aviation Administration, and 

22 through voluntary commercial arrangements with service 

23 providers, whether they are operating within a UTM sys24 tem under section 2208 of the FAA Extension Safety and 


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1 Security Act of 2016 (Public Law 114–190; 130 Stat. 

2 615) or outside such a system. 

3 (b) REPORT.—Not later than 270 days after the date 

4 of enactment of this Act, and after consultation with rel5 evant stakeholders, the Administrator of the Federal Avia6 tion Administration, the National Telecommunications 

7 and Information Administration, and the Federal Commu8 nications Commission, shall submit to the Committee on 

9 Commerce, Science, and Transportation of the Senate, the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives, and the Committee on Energy 

12 and Commerce of the House of Representatives a report— 

13 (1) on whether small unmanned aircraft sys14 tems operations should be permitted to operate on 

15 spectrum designated for aviation use, on an unli16 censed, shared, or exclusive basis, for operations 

17 within the UTM system or outside of such a system; 

18 (2) that addresses any technological, statutory, 

19 regulatory, and operational barriers to the use of 

20 such spectrum; and 

21 (3) that, if it is determined that spectrum des22 ignated for aviation use is not suitable for operations 

23 by small unmanned aircraft systems, includes rec24 ommendations of other spectrum frequencies that 

25 may be appropriate for such operations. 


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1 SEC. 2153. USE OF UNMANNED AIRCRAFT SYSTEMS AT IN2 STITUTIONS OF HIGHER EDUCATION. 

3 (a) IN GENERAL.—Not later than 270 days after the 

4 date of enactment of this Act, the Administrator of the 

5 Federal Aviation Administration shall establish procedures 

6 and standards, as applicable, to facilitate the safe oper7 ation of unmanned aircraft systems by institutions of 

8 higher education, including faculty, students, and staff. 

9 (b) STANDARDS.—The procedures and standards re10 quired under subsection (a) shall outline risk-based oper11 ational parameters to ensure the safety of the national air12 space system and the uninvolved public that facilitates the 

13 use of unmanned aircraft systems for educational or re14 search purposes. 

15 (c) UNMANNED AIRCRAFT SYSTEM APPROVAL.—The 

16 procedures required under subsection (a) shall allow un17 manned aircraft systems operated under this section to be 

18 modified for research purposes without iterative approval 

19 from the Administrator. 

20 (d) ADDITIONAL PROCEDURES.—The Administrator 

21 shall establish a procedure to provide for streamlined, risk22 based operational approval for unmanned aircraft systems 

23 operated by institutions of higher education, including fac24 ulty, students, and staff, outside of the parameters or pur25 poses set forth in subsection (b). 

26 (e) DEADLINES.— 


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1 (1) IN GENERAL.—If, by the date that is 270 

2 days after the date of enactment of this Act, the Ad3 ministrator has not set forth standards and proce4 dures required under subsections (a), (b), and (c), 

5 an institution of higher education may— 

6 (A) without specific approval from the 

7 Federal Aviation Administration, operate small 

8 unmanned aircraft at model aircraft fields ap9 proved by the Academy of Model Aeronautics 

10 and with the permission of the local club of the 

11 Academy of Model Aeronautics; and 

12 (B) submit to the Federal Aviation Admin13 istration applications for approval of the insti14 tution’s designation of 1 or more outdoor flight 

15 fields. 

16 (2) CONSEQUENCE OF FAILURE TO APPROVE.— 

17 If the Administrator does not take action with re18 spect to an application submitted under paragraph 

19 (1)(B) within 30 days of the submission of the appli20 cation, the failure to do so shall be treated as ap21 proval of the application. 

22 (f) DEFINITIONS.—In this section: 

23 (1) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘‘institution of higher education’’ has the 


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1 meaning given that term by section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

3 (2) UNMANNED AIRCRAFT SYSTEM.—The term 

4 ‘‘unmanned aircraft system’’ has the meaning given 

5 the term in section 44801 of title 49, United States 

6 Code, as added by section 2121 of this Act. 

7 (3) EDUCATIONAL OR RESEARCH PURPOSES.— 

8 The term ‘‘educational or research purposes’’, with 

9 respect to the operation of an unmanned aircraft 

10 system by an institution of higher education, in11 cludes— 

12 (A) instruction of students at the institu13 tion; 

14 (B) academic or research related use of 

15 unmanned aircraft systems by student organi16 zations recognized by the institution, if such 

17 use has been approved by the institution; 

18 (C) activities undertaken by the institution 

19 as part of research projects, including research 

20 projects sponsored by the Federal Government; 

21 and 

22 (D) other academic activities at the insti23 tution, including general research, engineering, 

24 and robotics. 


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1 SEC. 2154. TRANSITION LANGUAGE. 

2 (a) REGULATIONS.—Notwithstanding the repeals 

3 under sections 2122(b)(2), 2124(b)(2), 2125(b)(2), 

4 2127(b)(2), 2128(b)(2), and 2133(b)(2) of this Act, all 

5 orders, determinations, rules, regulations, permits, grants, 

6 and contracts, which have been issued under any law de7 scribed under subsection (b) of this section on or before 

8 the effective date of this Act shall continue in effect until 

9 modified or revoked by the Secretary of Transportation, 

10 acting through the Administrator of the Federal Aviation 

11 Administration, as applicable, by a court of competent ju12 risdiction, or by operation of law other than this Act. 

13 (b) LAWS DESCRIBED.—The laws described under 

14 this subsection are as follows: 

15 (1) Section 332(c) of the FAA Modernization 

16 and Reform Act of 2012 (49 U.S.C. 40101 note). 

17 (2) Section 332(d) of the FAA Modernization 

18 and Reform Act of 2012 (49 U.S.C. 40101 note). 

19 (3) Section 333 of the FAA Modernization and 

20 Reform Act of 2012 (49 U.S.C. 40101 note). 

21 (4) Section 334 of the FAA Modernization and 

22 Reform Act of 2012 (49 U.S.C. 40101 note). 

23 (5) Section 336 of the FAA Modernization and 

24 Reform Act of 2012 (49 U.S.C. 40101 note). 


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1 (6) Section 2206 of the FAA Extension Safety 

2 and Security Act of 2016 (Public Law 114–190; 130 

3 Stat. 615). 

4 (c) EFFECT ON PENDING PROCEEDINGS.—This Act 

5 shall not affect administrative or judicial proceedings 

6 pending on the effective date of this Act. 

7 PART IV—OPERATOR SAFETY 

8 SEC. 2161. SHORT TITLE. 

9 This part may be cited as the ‘‘Drone Operator Safe10 ty Act’’. 

11 SEC. 2162. FINDINGS; SENSE OF CONGRESS. 

12 (a) FINDING.—Congress finds that educating opera13 tors of unmanned aircraft about Federal law, including 

14 regulations, relating to unmanned aircraft will promote 

15 the safe operation of such aircraft. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Administrator of the Federal Aviation Ad18 ministration should continue to prioritize the education of 

19 operators of unmanned aircraft through public outreach 

20 efforts like the ‘‘Know Before You Fly’’ campaign. 

21 SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 

22 (a) IN GENERAL.—Chapter 2 of title 18, United 

23 States Code, is amended— 

24 (1) in section 31— 

25 (A) in subsection (a)— 


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1 (i) by redesignating paragraph (10) as 

2 paragraph (11); and 

3 (ii) by inserting after paragraph (9) 

4 the following: 

5 ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un6 manned aircraft’ has the meaning given such term 

7 in section 44801 of title 49.’’; and 

8 (B) in subsection (b), by inserting ‘‘ ‘air9 port’,’’ before ‘‘ ‘appliance’ ’’; and 

10 (2) by inserting after section 39A the following: 

11 ‘‘§ 39B. Unsafe operation of unmanned aircraft 

12 ‘‘(a) OFFENSE.—Any person who operates an un13 manned aircraft and, in so doing, knowingly or recklessly 

14 interferes with, or disrupts the operation of, an aircraft 

15 carrying 1 or more occupants operating in the special air16 craft jurisdiction of the United States, in a manner that 

17 poses an imminent safety hazard to such occupants, shall 

18 be punished as provided in subsection (b). 

19 ‘‘(b) PENALTY.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the punishment for an offense under sub22 section (a) shall be a fine under this title, imprison23 ment for not more than 1 year, or both. 

24 ‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any 

25 person who attempts to cause, or knowingly or reckVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 lessly causes, serious bodily injury or death during 

2 the commission of an offense under subsection (a) 

3 shall be fined under this title, imprisoned for any 

4 term of years or for life, or both. 

5 ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN CLOSE

6 PROXIMITY TO AIRPORTS.— 

7 ‘‘(1) IN GENERAL.—The operation of an un8 manned aircraft within a runway exclusion zone 

9 shall be considered a violation of subsection (a) un10 less such operation is approved by the airport’s air 

11 traffic control facility or is the result of a cir12 cumstance, such as a malfunction, that could not 

13 have been reasonably foreseen or prevented by the 

14 operator. 

15 ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In 

16 this subsection, the term ‘runway exclusion zone’ 

17 means a rectangular area— 

18 ‘‘(A) centered on the centerline of an ac19 tive runway of an airport immediately around 

20 which the airspace is designated as class B, 

21 class C, or class D airspace at the surface 

22 under part 71 of title 14, Code of Federal Reg23 ulations; and 

24 ‘‘(B) the length of which extends parallel 

25 to the runway’s centerline to points that are 1 


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1 statute mile from each end of the runway and 

the width of which is 1 2 ⁄2 statute mile.’’. 

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

4 chapter 2 of title 18, United States Code, is amended by 

5 inserting after the item relating to section 39A the fol6 lowing: 

‘‘39B. Unsafe operation of unmanned aircraft.’’. 

7 Subtitle B—FAA Safety 

8 Certification Reform 

9 PART I—GENERAL PROVISIONS 

10 SEC. 2211. DEFINITIONS. 

11 In this subtitle: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Federal 

14 Aviation Administration. 

15 (2) ADVISORY COMMITTEE.—The term ‘‘Advi16 sory Committee’’ means the Safety Oversight and 

17 Certification Advisory Committee established under 

18 section 2212. 

19 (3) FAA.—The term ‘‘FAA’’ means the Fed20 eral Aviation Administration. 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Transportation. 

23 (5) SYSTEMS SAFETY APPROACH.—The term 

24 ‘‘systems safety approach’’ means the application of 

25 specialized technical and managerial skills to the 


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1 systematic, forward-looking identification and con2 trol of hazards throughout the lifecycle of a project, 

3 program, or activity. 

4 SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVI5 SORY COMMITTEE. 

6 (a) ESTABLISHMENT.—Not later than 60 days after 

7 the date of enactment of this Act, the Secretary shall es8 tablish a Safety Oversight and Certification Advisory 

9 Committee in accordance with this section. 

10 (b) DUTIES.—The Advisory Committee shall provide 

11 advice to the Secretary on policy-level issues facing the 

12 aviation community that are related to FAA safety over13 sight and certification programs and activities, including 

14 the following: 

15 (1) Aircraft and flight standards certification 

16 processes, including efforts to streamline those proc17 esses. 

18 (2) Implementation and oversight of safety 

19 management systems. 

20 (3) Risk-based oversight efforts. 

21 (4) Utilization of delegation and designation au22 thorities, including organization designation author23 ization. 

24 (5) Regulatory interpretation standardization 

25 efforts. 


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1 (6) Training programs. 

2 (7) Expediting the rulemaking process and 

3 prioritizing safety-related rules. 

4 (8) Enhancing global competitiveness of U.S. 

5 manufactured and FAA type-certificate aircraft 

6 products and services throughout the world. 

7 (c) FUNCTIONS.—In carrying out its duties under 

8 subsection (b) related to FAA safety oversight and certifi9 cation programs and activities, the Advisory Committee 

10 shall— 

11 (1) foster aviation stakeholder collaboration in 

12 an open and transparent manner; 

13 (2) consult with, and ensure participation by— 

14 (A) the private sector, including represent15 atives of— 

16 (i) general aviation; 

17 (ii) commercial aviation; 

18 (iii) aviation labor; 

19 (iv) aviation, aerospace, and avionics 

20 manufacturing; and 

21 (v) unmanned aircraft systems indus22 try; and 

23 (B) the public; 

24 (3) recommend consensus national goals, stra25 tegic objectives, and priorities for the most efficient, 


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1 streamlined, and cost-effective safety oversight and 

2 certification processes in order to maintain the safe3 ty of the aviation system while allowing the FAA to 

4 meet future needs and ensure that aviation stake5 holders remain competitive in the global market6 place; 

7 (4) provide policy recommendations for the 

8 FAA’s safety oversight and certification efforts; 

9 (5) periodically review and provide rec10 ommendations regarding the FAA’s safety oversight 

11 and certification efforts; 

12 (6) periodically review and evaluate registration, 

13 certification, and related fees; 

14 (7) provide appropriate legislative, regulatory, 

15 and guidance recommendations for the air transpor16 tation system and the aviation safety regulatory en17 vironment; 

18 (8) recommend performance objectives for the 

19 FAA and aviation industry; 

20 (9) recommend performance metrics for the 

21 FAA and the aviation industry to be tracked and re22 viewed as streamlining certification reform, flight 

23 standards reform, and regulation consistency efforts 

24 progress; 


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1 (10) provide a venue for tracking progress to2 ward national goals and sustaining joint commit3 ments; 

4 (11) recommend recruiting, hiring, staffing lev5 els, training, and continuing education objectives for 

6 FAA aviation safety engineers and aviation safety 

7 inspectors; 

8 (12) provide advice and recommendations to the 

9 FAA on how to prioritize safety rulemaking projects; 

10 (13) improve the development of FAA regula11 tions by providing information, advice, and rec12 ommendations related to aviation issues; 

13 (14) promote the validation and acceptance of 

14 U.S. manufactured and FAA type-certificate aircraft 

15 products and services throughout the world; and 

16 (15) any other functions as determined appro17 priate by the chairperson of the Advisory Committee 

18 and the Administrator. 

19 (d) MEMBERSHIP.— 

20 (1) VOTING MEMBERS.—The Advisory Com21 mittee shall be composed of the following voting 

22 members: 

23 (A) The Administrator, or the Administra24 tor’s designee. 


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1 (B) At least 1 representative, appointed by 

2 the Secretary, of each of the following: 

3 (i) Transport aircraft and engine 

4 manufacturers. 

5 (ii) General aviation aircraft and en6 gine manufacturers. 

7 (iii) Avionics and equipment manufac8 turers. 

9 (iv) Aviation labor organizations, in10 cluding collective bargaining representa11 tives of FAA aviation safety inspectors and 

12 aviation safety engineers. 

13 (v) General aviation operators. 

14 (vi) Air carriers. 

15 (vii) Business aviation operators. 

16 (viii) Unmanned aircraft systems 

17 manufacturers and operators. 

18 (ix) Aviation safety management ex19 perts. 

20 (2) NONVOTING MEMBERS.— 

21 (A) IN GENERAL.—In addition to the 

22 members appointed under paragraph (1), the 

23 Advisory Committee shall be composed of non24 voting members appointed by the Secretary 


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1 from among individuals representing FAA safe2 ty oversight program offices. 

3 (B) DUTIES.—A nonvoting member may— 

4 (i) take part in deliberations of the 

5 Advisory Committee; and 

6 (ii) provide input with respect to any 

7 report or recommendation of the Advisory 

8 Committee. 

9 (C) LIMITATION.—A nonvoting member 

10 may not represent any stakeholder interest 

11 other than that of an FAA safety oversight pro12 gram office. 

13 (3) TERMS.—Each voting member and non14 voting member of the Advisory Committee shall be 

15 appointed for a term of 2 years. 

16 (4) RULE OF CONSTRUCTION.—Public Law 

17 104–65 (2 U.S.C. 1601 et seq.) may not be con18 strued to prohibit or otherwise limit the appointment 

19 of any individual as a member of the Advisory Com20 mittee. 

21 (e) COMMITTEE CHARACTERISTICS.—The Advisory 

22 Committee shall have the following characteristics: 

23 (1) Each voting member under subsection 

24 (d)(1)(B) shall be an executive that has decision au25 thority within the member’s organization and can 


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1 represent and enter into commitments on behalf of 

2 that organization in a way that serves the entire 

3 group of organizations that member represents 

4 under that subsection. 

5 (2) The ability to obtain necessary information 

6 from experts in the aviation and aerospace commu7 nities. 

8 (3) A membership size that enables the Advi9 sory Committee to have substantive discussions and 

10 reach consensus on issues in an expeditious manner. 

11 (4) Appropriate expertise, including expertise in 

12 certification and risk-based safety oversight proc13 esses, operations, policy, technology, labor relations, 

14 training, and finance. 

15 (f) CHAIRPERSON.— 

16 (1) IN GENERAL.—The chairperson of the Advi17 sory Committee shall be appointed by the Secretary 

18 from among the voting members under subsection 

19 (d)(1)(B). 

20 (2) TERM.—Each member appointed under 

21 paragraph (1) shall serve a term of 2 years as chair22 person. 

23 (g) MEETINGS.— 


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1 (1) FREQUENCY.—The Advisory Committee 

2 shall convene at least 2 meetings a year at the call 

3 of the chairperson. 

4 (2) PUBLIC ATTENDANCE.—Each meeting of 

5 the Advisory Committee shall be open and accessible 

6 to the public. 

7 (h) SPECIAL COMMITTEES.— 

8 (1) ESTABLISHMENT.—The Advisory Com9 mittee may establish 1 or more special committees 

10 composed of private sector representatives, members 

11 of the public, labor representatives, and other rel12 evant parties in complying with consultation and 

13 participation requirements under subsection (c)(2). 

14 (2) RULEMAKING ADVICE.—A special com15 mittee established by the Advisory Committee may— 

16 (A) provide rulemaking advice and rec17 ommendations to the Advisory Committee; 

18 (B) provide the FAA additional opportuni19 ties to obtain firsthand information and insight 

20 from those persons that are most affected by 

21 existing and proposed regulations; and 

22 (C) assist in expediting the development, 

23 revision, or elimination of rules in accordance 

24 with, and without circumventing, established 

25 public rulemaking processes and procedures. 


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1 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 Federal Advisory Committee Act (5 U.S.C. App.) 

3 shall not apply to a special committee under this 

4 subsection. 

5 (i) SUNSET.—The Advisory Committee shall cease to 

6 exist on September 30, 2021. 

7 PART II—AIRCRAFT CERTIFICATION REFORM 

8 SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OB9 JECTIVES AND METRICS. 

10 (a) IN GENERAL.—Not later than 120 days after the 

11 date the Advisory Committee is established under section 

12 2212, the Administrator shall establish performance objec13 tives and apply and track performance metrics for the 

14 FAA and the aviation industry relating to aircraft certifi15 cation in accordance with this section. 

16 (b) COLLABORATION.—The Administrator shall carry 

17 out this section in collaboration with the Advisory Com18 mittee and update agency performance objectives and 

19 metrics after considering the proposals recommended by 

20 the Advisory Committee under paragraphs (8) and (9) of 

21 section 2212(c). 

22 (c) PERFORMANCE OBJECTIVES.—In establishing 

23 performance objectives under subsection (a), the Adminis24 trator shall ensure progress is made toward, at a min25 imum— 


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1 (1) eliminating certification delays and improv2 ing cycle times; 

3 (2) increasing accountability for both FAA and 

4 the aviation industry; 

5 (3) achieving effective utilization of FAA dele6 gation and designation authorities, including organi7 zational designation authorization; 

8 (4) effectively implementing risk management 

9 principles and a systems safety approach; 

10 (5) reducing duplication of effort; 

11 (6) increasing transparency; 

12 (7) developing and providing training, including 

13 recurrent training, in auditing and a systems safety 

14 approach to certification oversight; 

15 (8) improving the process for approving or ac16 cepting the certification actions between the FAA 

17 and bilateral partners; 

18 (9) maintaining and improving safety; 

19 (10) streamlining the hiring process for— 

20 (A) qualified systems safety engineers at 

21 staffing levels to support the FAA’s efforts to 

22 implement a systems safety approach; and 

23 (B) qualified systems safety engineers to 

24 guide the engineering of complex systems within 

25 the FAA; and 


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1 (11) maintaining the leadership of the United 

2 States in international aviation and aerospace. 

3 (d) PERFORMANCE METRICS.—In carrying out sub4 section (a), the Administrator shall— 

5 (1) apply and track performance metrics for the 

6 FAA and the aviation industry; and 

7 (2) transmit to the appropriate committees of 

8 Congress an annual report on tracking the progress 

9 toward full implementation of the recommendations 

10 under section 2212. 

11 (e) DATA.— 

12 (1) BASELINES.—Not later than 1 year after 

13 the date the Advisory Committee recommends initial 

14 performance metrics under section 2212(c)(9), the 

15 Administrator shall generate initial data with respect 

16 to each of the performance metrics applied and 

17 tracked under this section. 

18 (2) BENCHMARKS.—The Administrator shall 

19 use the performance metrics applied and tracked 

20 under this section to generate data on an ongoing 

21 basis and to measure progress toward the consensus 

22 national goals, strategic objectives, and priorities 

23 recommended under section 2212(c)(3). 

24 (f) PUBLICATION.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Administrator shall make data generated using 

3 the performance metrics applied and tracked under 

4 this section available in a searchable, sortable, and 

5 downloadable format through the Internet Web site 

6 of the FAA or other appropriate methods. 

7 (2) LIMITATIONS.—The Administrator shall 

8 make the data under paragraph (1) available in a 

9 manner that— 

10 (A) protects from disclosure identifying in11 formation regarding an individual or entity; and 

12 (B) protects from inappropriate disclosure 

13 proprietary information. 

14 SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZATIONS. 

15 (a) IN GENERAL.—Chapter 447 is amended by add16 ing at the end the following: 

17 ‘‘§ 44736. Organization designation authorizations 

18 ‘‘(a) DELEGATIONS OF FUNCTIONS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), in the oversight of an ODA holder, the 

21 Administrator of the Federal Aviation Administra22 tion, in accordance with Federal Aviation Adminis23 tration standards, shall— 

24 ‘‘(A) require, based on an application sub25 mitted by the ODA holder and approved by the 


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1 Administrator (or the Administrator’s des2 ignee), a procedures manual that addresses all 

3 procedures and limitations regarding the speci4 fied functions to be performed by the ODA 

5 holder subject to regulations prescribed by the 

6 Administrator; 

7 ‘‘(B) delegate fully to the ODA holder each 

8 of the functions specified in the procedures 

9 manual, unless the Administrator determines, 

10 after the date of the delegation and as a result 

11 of an accident finding, surveillance, or over12 sight, that it is in the public interest and safety 

13 of air commerce to require a limitation; and 

14 ‘‘(C) for each function that is limited 

15 under subparagraph (B), work with the ODA 

16 holder to develop the ODA holder’s capability to 

17 execute that function safely and effectively, and 

18 to return to full authority status. 

19 ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA 

20 holder shall— 

21 ‘‘(A) perform each specified function dele22 gated to the ODA holder in accordance with the 

23 approved procedures manual for the delegation; 


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1 ‘‘(B) make the procedures manual avail2 able to each member of the appropriate ODA 

3 unit; and 

4 ‘‘(C) cooperate fully with oversight activi5 ties conducted by the Administrator in connec6 tion with the delegation. 

7 ‘‘(3) EXISTING ODA HOLDERS.—With regard to 

8 an ODA holder operating under a procedures man9 ual approved by the Administrator before the date of 

10 enactment of the Federal Aviation Administration 

11 Reauthorization Act of 2017, the Administrator 

12 shall— 

13 ‘‘(A) at the request of the ODA holder, 

14 and in an expeditious manner, consider revi15 sions to the ODA holder’s procedures manual; 

16 ‘‘(B) delegate fully to the ODA holder each 

17 of the functions specified in the procedures 

18 manual, unless the Administrator determines, 

19 after the date of the delegation and as a result 

20 of an accident finding, surveillance, or over21 sight, that it is in the public interest and safety 

22 of air commerce to require a limitation; and 

23 ‘‘(C) for each function that is limited 

24 under subparagraph (B), work with the ODA 

25 holder to develop the ODA holder’s capability to 


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1 execute that function safely and effectively, and 

2 to return to full authority status. 

3 ‘‘(b) ODA OFFICE.— 

4 ‘‘(1) ESTABLISHMENT.—Not later than 120 

5 days after the date of enactment of Federal Aviation 

6 Administration Reauthorization Act of 2017, the 

7 Administrator shall identify, within the Office of 

8 Aviation Safety, a centralized policy office to be re9 sponsible for the organization designation authoriza10 tion (referred to in this subsection as the ODA Of11 fice). The Director of the ODA Office shall report 

12 to the Director of the Aircraft Certification Service. 

13 ‘‘(2) PURPOSE.—The purpose of the ODA Of14 fice shall be to provide oversight and ensure consist15 ency of the Federal Aviation Administration audit 

16 functions under the ODA program across the agen17 cy. 

18 ‘‘(3) FUNCTIONS.—The ODA Office shall— 

19 ‘‘(A)(i) at the request of an ODA holder, 

20 eliminate all limitations specified in a proce21 dures manual in place on the date of enactment 

22 of the Federal Aviation Administration Reau23 thorization Act of 2017 that are low and me24 dium risk as determined by a risk analysis 

25 using criteria established by the ODA Office 


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1 and disclosed to the ODA holder, except where 

2 an ODA holder’s performance warrants the re3 tention of a specific limitation due to docu4 mented concerns about inadequate current per5 formance in carrying out that authorized func6 tion; 

7 ‘‘(ii) require an ODA holder to estab8 lish a corrective action plan to regain au9 thority for any retained limitations; 

10 ‘‘(iii) require an ODA holder to notify 

11 the ODA Office when all corrective actions 

12 have been accomplished; and 

13 ‘‘(iv) make a reassessment to deter14 mine if subsequent performance in car15 rying out any retained limitation warrants 

16 continued retention and, if such reassess17 ment determines performance meets objec18 tives, lift such limitation immediately; 

19 ‘‘(B) improve the Administration and the 

20 ODA holder performance and ensure full use of 

21 the authorities delegated under the ODA pro22 gram; 

23 ‘‘(C) develop a more consistent approach to 

24 audit priorities, procedures, and training under 

25 the ODA program; 


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1 ‘‘(D) expeditiously review a random sample 

2 of limitations on delegated authorities under the 

3 ODA program to determine if the limitations 

4 are appropriate; 

5 ‘‘(E) review and approve new limitations to 

6 ODA functions; and 

7 ‘‘(F) ensure national consistency in the in8 terpretation and application of the requirements 

9 of the ODA program, including any limitations, 

10 and in the performance of the ODA program. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) ODA OR ORGANIZATION DESIGNATION AU13 THORIZATION.—The term ‘ODA’ or ‘organization 

14 designation authorization’ means an authorization 

15 under section 44702(d) to perform approved func16 tions on behalf of the Administrator of the Federal 

17 Aviation Administration under subpart D of part 

18 183 of title 14, Code of Federal Regulations. 

19 ‘‘(2) ODA HOLDER.—The term ‘ODA holder’ 

20 means an entity authorized under section 

21 44702(d)— 

22 ‘‘(A) to which the Administrator of the 

23 Federal Aviation Administration issues an ODA 

24 letter of designation under subpart D of part 

25 183 of title 14, Code of Federal Regulations (or 


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1 any corresponding similar regulation or ruling); 

2 and 

3 ‘‘(B) that is responsible for administering 

4 1 or more ODA units. 

5 ‘‘(3) ODA PROGRAM.—The term ‘ODA pro6 gram’ means the program to standardize Federal 

7 Aviation Administration management and oversight 

8 of the organizations that are approved to perform 

9 certain functions on behalf of the Administration 

10 under section 44702(d). 

11 ‘‘(4) ODA UNIT.—The term ‘ODA unit’ means 

12 a group of 2 or more individuals under the super13 vision of an ODA holder who perform the specified 

14 functions under an ODA. 

15 ‘‘(5) ORGANIZATION.—The term ‘organization’ 

16 means a firm, a partnership, a corporation, a com17 pany, an association, a joint-stock association, or a 

18 governmental entity.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The table of contents of chapter 447 is amended by adding 

21 after the item relating to section 44735 the following: 

‘‘44736. Organization designation authorizations.’’. 

22 SEC. 2223. ODA REVIEW. 

23 (a) EXPERT REVIEW PANEL.— 

24 (1) ESTABLISHMENT.—Not later than 120 days 

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1 trator of the FAA shall convene a multidisciplinary 

2 expert review panel (referred to in this section as the 

3 ‘‘Panel’’). 

4 (2) COMPOSITION.— 

5 (A) IN GENERAL.—The Panel shall be 

6 composed of not more than 20 members ap7 pointed by the Administrator. 

8 (B) QUALIFICATIONS.—The members ap9 pointed to the Panel shall— 

10 (i) each have a minimum of 5 years of 

11 experience in processes and procedures 

12 under the ODA program; and 

13 (ii) include representatives of ODA 

14 holders, aviation manufacturers, safety ex15 perts, and FAA labor organizations, in16 cluding labor representatives of FAA avia17 tion safety inspectors and aviation safety 

18 engineers. 

19 (b) SURVEY.—The Panel shall survey ODA holders 

20 and ODA program applicants to document FAA safety 

21 oversight and certification programs and activities, includ22 ing the FAA’s use of the ODA program and the speed 

23 and efficiency of the certification process. In carrying out 

24 this subsection, the Administrator shall consult with the 


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1 appropriate survey experts and the Panel to best design 

2 and conduct the survey. 

3 (c) ASSESSMENT.—The Panel shall— 

4 (1) conduct an assessment of— 

5 (A) the FAA’s processes and procedures 

6 under the ODA program and whether the proc7 esses and procedures function as intended; 

8 (B) the best practices of and lessons 

9 learned by ODA holders and the FAA personnel 

10 who provide oversight of ODA holders; 

11 (C) the performance incentive policies, re12 lated to the ODA program for FAA personnel, 

13 that do not conflict with the public interest; 

14 (D) the training activities related to the 

15 ODA program for FAA personnel and ODA 

16 holders; and 

17 (E) the impact, if any, that oversight of 

18 the ODA program has on FAA resources and 

19 the FAA’s ability to process applications for 

20 certifications outside of the ODA program; and 

21 (2) make recommendations for improving FAA 

22 safety oversight and certification programs and ac23 tivities based on the results of the survey under sub24 section (b) and each element of the assessment 

25 under paragraph (1) of this subsection. 


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1 (d) REPORT.—Not later than 180 days after the date 

2 the Panel is convened under subsection (a), the Panel shall 

3 submit to the Administrator, the Advisory Committee, and 

4 the appropriate committees of Congress a report on re5 sults of the survey under subsection (b) and the assess6 ment and recommendations under subsection (c). 

7 (e) DEFINITIONS.—The terms used in this section 

8 have the meanings given the terms in section 44736 of 

9 title 49, United States Code, as added by section 2222 

10 of this Act. 

11 (f) FEDERAL ADVISORY COMMITTEE ACT.—The 

12 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

13 apply to the Panel. 

14 (g) SUNSET.—The Panel shall terminate on the date 

15 the report is submitted under subsection (d). 

16 SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS. 

17 (a) IN GENERAL.—Section 44704(a) is amended by 

18 adding at the end the following: 

19 ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC20 ESS.— 

21 ‘‘(A) IN GENERAL.—Not later than 15 

22 months after the date of enactment of the Fed23 eral Aviation Administration Reauthorization 

24 Act of 2017, the Administrator shall establish 

25 an effective, expeditious, and milestone-based 


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1 issue resolution process for type certification ac2 tivities under this subsection. 

3 ‘‘(B) PROCESS REQUIREMENTS.—The res4 olution process shall provide for— 

5 ‘‘(i) the resolution of technical issues 

6 at preestablished stages of the certification 

7 process, as agreed to by the Administrator 

8 and the type certificate applicant; 

9 ‘‘(ii) the automatic escalation to ap10 propriate management personnel of the 

11 Federal Aviation Administration and the 

12 type certificate applicant of any major cer13 tification process milestone that is not 

14 completed or resolved within a specific pe15 riod of time agreed to by the Adminis16 trator and the type certificate applicant; 

17 and 

18 ‘‘(iii) the resolution of a major certifi19 cation process milestone escalated under 

20 clause (ii) within a specific period of time 

21 agreed to by the Administrator and the 

22 type certificate applicant. 

23 ‘‘(C) DEFINITION OF MAJOR CERTIFI24 CATION PROCESS MILESTONE.—In this para25 graph, the term ‘major certification process 


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1 milestone’ means a milestone related to a type 

2 certification basis, type certification plan, type 

3 inspection authorization, issue paper, or other 

4 major type certification activity agreed to by 

5 the Administrator and the type certificate appli6 cant.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Section 44704 is amended in the heading by striking 

9 ‘‘airworthiness certificates,,’’ and inserting ‘‘air10 worthiness certificates,’’. 

11 SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL 

12 GENERAL AVIATION AIRPLANES. 

13 (a) POLICY.—In a manner consistent with the Small 

14 Airplane Revitalization Act of 2013 (49 U.S.C. 44704 

15 note), not later than 180 days after the date of enactment 

16 of this Act, the Administrator shall establish and begin 

17 implementing a risk-based policy that streamlines the in18 stallation of safety enhancing technologies for small gen19 eral aviation airplanes in a manner that reduces regu20 latory delays and significantly improves safety. 

21 (b) INCLUSIONS.—The safety enhancing technologies 

22 for small general aviation airplanes described in subsection 

23 (a) shall include, at a minimum, the replacement or ret24 rofit of primary flight displays, auto pilots, engine mon25 itors, and navigation equipment. 


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1 (c) COLLABORATION.—In carrying out this section, 

2 the Administrator shall collaborate with general aviation 

3 operators, general aviation manufacturers, and appro4 priate FAA labor organizations, including representatives 

5 of FAA aviation safety inspectors and aviation safety engi6 neers, certified under section 7111 of title 5, United 

7 States Code. 

8 (d) DEFINITION OF SMALL GENERAL AVIATION AIR9 PLANE.—In this section, the term ‘‘small general aviation 

10 airplane’’ means an airplane that— 

11 (1) is certified to the standards of part 23 of 

12 title 14, Code of Federal Regulations; 

13 (2) has a seating capacity of not more than 9 

14 passengers; and 

15 (3) is not used in scheduled passenger-carrying 

16 operations under part 121 of title 14, Code of Fed17 eral Regulations. 

18 PART III—FLIGHT STANDARDS REFORM 

19 SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJEC20 TIVES AND METRICS. 

21 (a) IN GENERAL.—Not later than 120 days after the 

22 date the Advisory Committee is established under section 

23 2212, the Administrator shall establish performance objec24 tives and apply and track performance metrics for the 


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1 FAA and the aviation industry relating to flight standards 

2 activities in accordance with this section. 

3 (b) COLLABORATION.—The Administrator shall carry 

4 out this section in collaboration with the Advisory Com5 mittee and update agency performance objectives and 

6 metrics after considering the recommendations of the Ad7 visory Committee under paragraphs (8) and (9) of section 

8 2212(c). 

9 (c) PERFORMANCE OBJECTIVES.—In carrying out 

10 subsection (a), the Administrator shall ensure that 

11 progress is made toward, at a minimum— 

12 (1) eliminating delays with respect to such ac13 tivities; 

14 (2) increasing accountability for both FAA and 

15 the aviation industry; 

16 (3) effectively implementing risk management 

17 principles and a systems safety approach; 

18 (4) reducing duplication of effort; 

19 (5) promoting appropriate compliance activities 

20 and eliminating inconsistent regulatory interpreta21 tions and inconsistent enforcement activities; 

22 (6) improving and providing greater opportuni23 ties for training, including recurrent training, in au24 diting and a systems safety approach to oversight; 


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1 (7) developing and allowing the use of a single 

2 master source for guidance; 

3 (8) providing and using a streamlined appeal 

4 process for the resolution of regulatory interpreta5 tion questions; 

6 (9) maintaining and improving safety; and 

7 (10) increasing transparency. 

8 (d) PERFORMANCE METRICS.—In carrying out sub9 section (a), the Administrator shall— 

10 (1) apply and track performance metrics for the 

11 FAA and the aviation industry; and 

12 (2) transmit to the appropriate committees of 

13 Congress an annual report tracking the progress to14 ward full implementation of the performance metrics 

15 under section 2212. 

16 (e) DATA.— 

17 (1) BASELINES.—Not later than 1 year after 

18 the date the Advisory Committee recommends initial 

19 performance metrics under section 2212(c)(9), the 

20 Administrator shall generate initial data with respect 

21 to each of the performance metrics applied and 

22 tracked that are approved based on the rec23 ommendations required under this section. 

24 (2) BENCHMARKS.—The Administrator shall 

25 use the performance metrics applied and tracked 


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1 under this section to generate data on an ongoing 

2 basis and to measure progress toward the consensus 

3 national goals, strategic objectives, and priorities 

4 recommended under section 2212(c)(3). 

5 (f) PUBLICATION.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 the Administrator shall make data generated using 

8 the performance metrics applied and tracked under 

9 this section available in a searchable, sortable, and 

10 downloadable format through the Internet Web site 

11 of the FAA or other appropriate methods. 

12 (2) LIMITATIONS.—The Administrator shall 

13 make the data under paragraph (1) available in a 

14 manner that— 

15 (A) protects from disclosure identifying in16 formation regarding an individual or entity; and 

17 (B) protects from inappropriate disclosure 

18 proprietary information. 

19 SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS RE20 FORM. 

21 (a) ESTABLISHMENT.—Not later than 90 days after 

22 the date of enactment of this Act, the Administrator shall 

23 establish the FAA Task Force on Flight Standards Re24 form (referred to in this section as the ‘‘Task Force’’). 

25 (b) MEMBERSHIP.— 


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1 (1) APPOINTMENT.—The membership of the 

2 Task Force shall be appointed by the Administrator. 

3 (2) NUMBER.—The Task Force shall be com4 posed of not more than 20 members. 

5 (3) REPRESENTATION REQUIREMENTS.—The 

6 membership of the Task Force shall include rep7 resentatives, with knowledge of flight standards reg8 ulatory processes and requirements, of— 

9 (A) air carriers; 

10 (B) general aviation; 

11 (C) business aviation; 

12 (D) repair stations; 

13 (E) unmanned aircraft systems operators; 

14 (F) flight schools; 

15 (G) manufacturers; 

16 (H) labor unions, including those rep17 resenting FAA aviation safety inspectors and 

18 those representing FAA aviation safety engi19 neers; and 

20 (I) aviation safety experts. 

21 (c) DUTIES.—The duties of the Task Force shall in22 clude, at a minimum, identifying cost-effective best prac23 tices and providing recommendations with respect to— 


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1 (1) simplifying and streamlining flight stand2 ards regulatory processes, including issuance and 

3 oversight of certificates; 

4 (2) reorganizing the Flight Standards Service 

5 to establish an entity organized by function rather 

6 than geographic region, if appropriate; 

7 (3) FAA aviation safety inspector training op8 portunities; 

9 (4) FAA aviation safety inspector standards 

10 and performance; and 

11 (5) achieving, across the FAA, consistent— 

12 (A) regulatory interpretations; and 

13 (B) application of oversight activities. 

14 (d) REPORT.—Not later than 1 year after the date 

15 the Task Force is established under subsection (a), the 

16 Task Force shall submit to the Administrator, Advisory 

17 Committee, and appropriate committees of Congress a re18 port detailing— 

19 (1) the best practices identified and rec20 ommendations provided by the Task Force under 

21 subsection (c); and 

22 (2) any recommendations of the Task Force for 

23 additional regulatory action or cost-effective legisla24 tive action. 


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1 (e) FLIGHT STANDARDS SERVICE REALIGNMENT

2 FEASIBILITY REPORT.—Not later than 1 year after the 

3 date of enactment of this Act, the Administrator shall sub4 mit to the appropriate committees of Congress a report 

5 on the findings of the determination of the feasibility of 

6 realigning flight standards service regional field offices to 

7 specialized areas of aviation safety oversight and technical 

8 expertise. 

9 (f) FEDERAL ADVISORY COMMITTEE ACT.—The 

10 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

11 apply to the Task Force. 

12 (g) SUNSET.—The Task Force shall cease to exist on 

13 the date that the Task Force submits the report required 

14 under subsection (d). 

15 SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE. 

16 (a) ESTABLISHMENT.—Not later than 1 year after 

17 the date of enactment of this Act, the Administrator of 

18 the FAA shall establish a centralized safety guidance data19 base for all of the regulatory guidance issued by the FAA 

20 Office of Aviation Safety regarding compliance with 1 or 

21 more aviation safety-related provisions of the Code of Fed22 eral Regulations. 

23 (b) REQUIREMENTS.—The database under subsection 

24 (a) shall— 


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1 (1) for each guidance, include a link to the spe2 cific provision of the Code of Federal Regulations; 

3 (2) subject to paragraph (3), be accessible to 

4 the public; and 

5 (3) be provided in a manner that— 

6 (A) protects from disclosure identifying in7 formation regarding an individual or entity; and 

8 (B) protects from inappropriate disclosure 

9 proprietary information. 

10 (c) DATA ENTRY TIMING.— 

11 (1) EXISTING DOCUMENTS.—Not later than 14 

12 months after the date the database is established, 

13 the Administrator shall have completed entering into 

14 the database any applicable regulatory guidance that 

15 are in effect and were issued before that date. 

16 (2) NEW REGULATORY GUIDANCE AND UP17 DATES.—Beginning on the date the database is es18 tablished, the Administrator shall ensure that any 

19 applicable regulatory guidance that are issued on or 

20 after that date are entered into the database as they 

21 are issued. 

22 (d) CONSULTATION REQUIREMENT.—In establishing 

23 the database under subsection (a), the Administrator shall 

24 consult and collaborate with appropriate stakeholders, in25 cluding labor organizations (including those representing 


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1 aviation workers, FAA aviation safety engineers, and FAA 

2 aviation safety inspectors) and aviation industry stake3 holders. 

4 (e) DEFINITION OF REGULATORY GUIDANCE.—In 

5 this section, the term ‘‘regulatory guidance’’ means all 

6 forms of written information issued by the FAA that an 

7 individual or entity may use to interpret or apply FAA 

8 regulations and requirements, including information an in9 dividual or entity may use to determine acceptable means 

10 of compliance with such regulations and requirements, 

11 such as an order, manual, circular, policy statement, legal 

12 interpretation memorandum, and rulemaking documents. 

13 SEC. 2234. REGULATORY CONSISTENCY COMMUNICATION 

14 BOARD. 

15 (a) FUNCTIONS.—The Regulatory Consistency Com16 munication Board (referred to in this section as the 

17 ‘‘Board’’) shall carry out the following functions: 

18 (1) Recommend, at a minimum, processes by 

19 which— 

20 (A) FAA personnel and persons regulated 

21 by the FAA may submit regulatory interpreta22 tion questions without fear of retaliation; 

23 (B) FAA personnel may submit written 

24 questions as to whether a previous approval or 

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1 sonnel in another office or region is correct or 

2 incorrect; and 

3 (C) any other person may submit anony4 mous regulatory interpretation questions. 

5 (2) Meet on a regular basis to discuss and re6 solve questions submitted under paragraph (1) and 

7 the appropriate application of regulations and policy 

8 with respect to each question. 

9 (3) Provide to a person that submitted a ques10 tion under subparagraph (A) or subparagraph (B) of 

11 paragraph (1) an expeditious written response to the 

12 question. 

13 (4) Recommend a process to make the resolu14 tion of common regulatory interpretation questions 

15 publicly available to FAA personnel and the public 

16 in a manner that— 

17 (A) does not reveal any identifying data of 

18 the person that submitted a question; and 

19 (B) protects any proprietary information. 

20 (5) Ensure that responses to questions under 

21 this subsection are incorporated into regulatory 

22 guidance (as defined in section 2233(e)). 

23 (b) PERFORMANCE METRICS, TIMELINES, AND

24 GOALS.—Not later than 180 days after the date that the 

25 Advisory Committee recommends performance objectives 


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1 and performance metrics for the FAA and the aviation 

2 industry under paragraphs (8) and (9) of section 2212(c), 

3 the Administrator, in collaboration with the Advisory 

4 Committee, shall— 

5 (1) establish performance metrics, timelines, 

6 and goals to measure the progress of the Board in 

7 resolving regulatory interpretation questions sub8 mitted under subsection (a)(1); and 

9 (2) implement a process for tracking the 

10 progress of the Board in meeting the performance 

11 metrics, timelines, and goals under paragraph (1). 

12 PART IV—SAFETY WORKFORCE 

13 SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY. 

14 (a) SAFETY WORKFORCE TRAINING STRATEGY.— 

15 Not later than 60 days after the date of enactment of this 

16 Act, the Administrator of the FAA shall review and revise 

17 its safety workforce training strategy to ensure that it— 

18 (1) aligns with an effective risk-based approach 

19 to safety oversight; 

20 (2) best utilizes available resources; 

21 (3) allows FAA employees participating in orga22 nization management teams or conducting ODA pro23 gram audits to complete, expeditiously, appropriate 

24 training, including recurrent training, in auditing 

25 and a systems safety approach to oversight; 


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1 (4) seeks knowledge-sharing opportunities be2 tween the FAA and the aviation industry in new 

3 technologies, best practices, and other areas of inter4 est related to safety oversight; 

5 (5) fosters an inspector and engineer workforce 

6 that has the skills and training necessary to improve 

7 risk-based approaches that focus on requirements 

8 management and auditing skills; and 

9 (6) includes, as appropriate, milestones and 

10 metrics for meeting the requirements of paragraphs 

11 (1) through (5). 

12 (b) REPORT.—Not later that 270 days after the date 

13 the strategy is established under subsection (a), the Ad14 ministrator shall submit to the appropriate committees of 

15 Congress a report on the implementation of the strategy 

16 and progress in meeting any milestones or metrics in17 cluded in the strategy. 

18 (c) DEFINITIONS.—In this section: 

19 (1) ODA HOLDER.—The term ‘‘ODA holder’’ 

20 has the meaning given the term in section 44736 of 

21 title 49, United States Code, as added by section 

22 2222 of this Act. 

23 (2) ODA PROGRAM.—The term ‘‘ODA pro24 gram’’ has the meaning given the term in section 


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1 44736(c)(3) of title 49, United States Code, as 

2 added by section 2222 of this Act. 

3 (3) ORGANIZATION MANAGEMENT TEAM.—The 

4 term ‘‘organization management team’’ means a 

5 group of FAA employees consisting of FAA aviation 

6 safety engineers, flight test pilots, and aviation safe7 ty inspectors overseeing an ODA holder and its spec8 ified function delegated under section 44702 of title 

9 49, United States Code. 

10 PART V—INTERNATIONAL AVIATION 

11 SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE 

12 STANDARDS, PRODUCTS, AND SERVICES 

13 ABROAD. 

14 Section 40104 is amended by adding at the end the 

15 following: 

16 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

17 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

18 Secretary shall take appropriate actions— 

19 ‘‘(1) to promote United States aerospace-re20 lated safety standards abroad; 

21 ‘‘(2) to facilitate and vigorously defend approv22 als of United States aerospace products and services 

23 abroad; 

24 ‘‘(3) with respect to bilateral partners, to use 

25 bilateral safety agreements and other mechanisms to 


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1 improve validation of United States type certificated 

2 aeronautical products and services and enhance mu3 tual acceptance in order to eliminate redundancies 

4 and unnecessary costs; and 

5 ‘‘(4) with respect to the aeronautical safety au6 thorities of a foreign country, to streamline that 

7 country’s validation of United States aerospace 

8 standards, products, and services.’’. 

9 SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 

10 RESPONSIBILITIES. 

11 Section 44701(e) is amended by adding at the end 

12 the following: 

13 ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

14 ‘‘(A) ACCEPTANCE.—Subject to subpara15 graph (D), the Administrator may accept an 

16 airworthiness directive (as defined in section 

17 39.3 of title 14, Code of Federal Regulations) 

18 issued by an aeronautical safety authority of a 

19 foreign country, and leverage that aeronautical 

20 safety authority’s regulatory process, if— 

21 ‘‘(i) the country is the state of design 

22 for the product that is the subject of the 

23 airworthiness directive; 


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1 ‘‘(ii) the United States has a bilateral 

2 safety agreement relating to aircraft cer3 tification with the country; 

4 ‘‘(iii) as part of the bilateral safety 

5 agreement with the country, the Adminis6 trator has determined that the aero7 nautical safety authority has an aircraft 

8 certification system relating to safety that 

9 produces a level of safety equivalent to the 

10 level produced by the system of the Fed11 eral Aviation Administration; 

12 ‘‘(iv) the aeronautical safety authority 

13 utilizes an open and transparent public no14 tice and comment process, including con15 sidering comments from owners and opera16 tors of foreign-registered aircraft and other 

17 aeronautical products and appliances in 

18 the issuance of airworthiness directives; 

19 and 

20 ‘‘(v) the airworthiness directive ad21 dresses a specific issue necessary for the 

22 safe operation of aircraft subject to the di23 rective. 

24 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

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1 istrator may issue a Federal Aviation Adminis2 tration airworthiness directive instead of accept3 ing the airworthiness directive issued by the 

4 aeronautical safety authority of a foreign coun5 try if the Administrator determines that such 

6 issuance is necessary for safety or operational 

7 reasons due to the complexity or unique fea8 tures of the Federal Aviation Administration 

9 airworthiness directive or the United States 

10 aviation system. 

11 ‘‘(C) ALTERNATIVE MEANS OF COMPLI12 ANCE.—The Administrator— 

13 ‘‘(i) may accept an alternative means 

14 of compliance, with respect to an air15 worthiness directive under subparagraph 

16 (A), that was approved by the aeronautical 

17 safety authority of the foreign country that 

18 issued the airworthiness directive; or 

19 ‘‘(ii) notwithstanding subparagraph 

20 (A), and at the request of any person af21 fected by an airworthiness directive under 

22 that subparagraph— 

23 ‘‘(I) shall consider an alternative 

24 means of compliance with respect to 

25 the airworthiness directive; and 


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1 ‘‘(II) may approve such alter2 native means, if appropriate. 

3 ‘‘(D) LIMITATIONS.—The Administrator 

4 may not accept an airworthiness directive 

5 issued by an aeronautical safety authority of a 

6 foreign country if the airworthiness directive 

7 addresses matters other than those involving 

8 the safe operation of an aircraft.’’. 

9 SEC. 2253. FAA LEADERSHIP ABROAD. 

10 (a) IN GENERAL.—To promote United States aero11 space safety standards, reduce redundant regulatory activ12 ity, and facilitate acceptance of FAA design and produc13 tion approvals abroad, the Administrator shall— 

14 (1) attain greater expertise in issues related to 

15 dispute resolution, intellectual property, and export 

16 control laws to better support FAA certification and 

17 other aerospace regulatory activities abroad; 

18 (2) work with United States companies to more 

19 accurately track the amount of time it takes foreign 

20 authorities, including bilateral partners, to validate 

21 United States type certificated aeronautical prod22 ucts; 

23 (3) provide assistance to United States compa24 nies who have experienced significantly long foreign 

25 validation wait times; 


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1 (4) work with foreign authorities, including bi2 lateral partners, to collect and analyze data to deter3 mine the timeliness of the acceptance and validation 

4 of FAA design and production approvals by foreign 

5 authorities and the acceptance and validation of for6 eign-certified products by the FAA; 

7 (5) establish appropriate benchmarks and 

8 metrics to measure the success of bilateral aviation 

9 safety agreements and to reduce the validation time 

10 for United States type certificated aeronautical 

11 products abroad; and 

12 (6) work with foreign authorities, including bi13 lateral partners, to improve the timeliness of the ac14 ceptance and validation of FAA design and produc15 tion approvals by foreign authorities and the accept16 ance and validation of foreign-certified products by 

17 the FAA. 

18 (b) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to the appropriate committees of Congress a report that— 

21 (1) describes the Administrator’s strategic plan 

22 for international engagement; 

23 (2) describes the structure and responsibilities 

24 of all FAA offices that have international respon25 sibilities, including the Aircraft Certification Office, 


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1 and all the activities conducted by those offices re2 lated to certification and production; 

3 (3) describes current and forecasted staffing 

4 and travel needs for the FAA’s international engage5 ment activities, including the needs of the Aircraft 

6 Certification Office in the current and forecasted 

7 budgetary environment; 

8 (4) provides recommendations, if appropriate, 

9 to improve the existing structure and personnel and 

10 travel policies supporting the FAA’s international 

11 engagement activities, including the activities of the 

12 Aviation Certification Office, to better support the 

13 growth of United States aerospace exports; and 

14 (5) identifies policy initiatives, regulatory initia15 tives, or cost-effective legislative initiatives needed to 

16 improve and enhance the timely acceptance of 

17 United States aerospace products abroad. 

18 (c) INTERNATIONAL TRAVEL.—The Administrator of 

19 the FAA, or the Administrator’s designee, may authorize 

20 international travel for any FAA employee, without the 

21 approval of any other person or entity, if the Adminis22 trator determines that the travel is necessary— 

23 (1) to promote United States aerospace safety 

24 standards; or 


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1 (2) to support expedited acceptance of FAA de2 sign and production approvals. 

3 SEC. 2254. REGISTRATION, CERTIFICATION, AND RELATED 

4 FEES. 

5 Section 45305 is amended— 

6 (1) in subsection (a), by striking ‘‘Subject to 

7 subsection (b)’’ and inserting ‘‘Subject to subsection 

8 (c)’’; 

9 (2) by redesignating subsections (b) and (c) as 

10 subsections (c) and (d), respectively; and 

11 (3) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) CERTIFICATION SERVICES.—Subject to sub14 section (c), and notwithstanding section 45301(a), the Ad15 ministrator may establish and collect a fee from a foreign 

16 government or entity for services related to certification, 

17 regardless of where the services are provided, if the fee— 

18 ‘‘(1) is established and collected in a manner 

19 consistent with aviation safety agreements; and 

20 ‘‘(2) does not exceed the estimated costs of the 

21 services.’’. 


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1 Subtitle C—Airline Passenger 

2 Safety and Protections 

3 SEC. 2301. ACCESS TO AIR CARRIER FLIGHT DECKS. 

4 The Administrator of the Federal Aviation Adminis5 tration shall collaborate with other aviation authorities to 

6 advance a global standard for access to air carrier flight 

7 decks and redundancy requirements consistent with the 

8 flight deck access and redundancy requirements in the 

9 United States. 

10 SEC. 2302. AIRCRAFT TRACKING AND FLIGHT DATA. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Administrator of the 

13 Federal Aviation Administration shall assess current per14 formance standards, and as appropriate, conduct a rule15 making to revise the standards to improve near-term and 

16 long-term aircraft tracking and flight data recovery, in17 cluding retrieval, access, and protection of such data after 

18 an incident or accident. 

19 (b) CONSIDERATIONS.—In revising the performance 

20 standards under subsection (a), the Administrator may 

21 consider— 

22 (1) various methods for improving detection 

23 and retrieval of flight data, including— 

24 (A) low frequency underwater locating de25 vices; and 


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1 (B) extended battery life for underwater 

2 locating devices; 

3 (2) automatic deployable flight recorders; 

4 (3) triggered transmission of flight data, and 

5 other satellite-based solutions; 

6 (4) distress-mode tracking; and 

7 (5) protections against disabling flight recorder 

8 systems. 

9 (c) COORDINATION.—If the performance standards 

10 under subsection (a) are revised, the Administrator shall 

11 coordinate with international regulatory authorities and 

12 the International Civil Aviation Organization to ensure 

13 that any new international standard for aircraft tracking 

14 and flight data recovery is consistent with a performance15 based approach and is implemented in a globally har16 monized manner. 

17 SEC. 2303. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 

18 AND REST REQUIREMENTS. 

19 (a) MODIFICATION OF FINAL RULE.—Not later than 

20 1 year after the date of enactment of this Act, the Admin21 istrator of the Federal Aviation Administration shall re22 vise the flight attendant duty period limitations and rest 

23 requirements under section 121.467 of title 14, Code of 

24 Federal Regulations. 


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1 (b) CONTENTS.—Except as provided in subsection 

2 (c), in revising the rule under subsection (a), the Adminis3 trator shall ensure that a flight attendant scheduled to 

4 a duty period of 14 hours or less is given a scheduled rest 

5 period of at least 10 consecutive hours. 

6 (c) EXCEPTION.—The rest period required under 

7 subsection (b) may be scheduled or reduced to 9 consecu8 tive hours if the flight attendant is provided a subsequent 

9 rest period of at least 11 consecutive hours. 

10 (d) FATIGUE RISK MANAGEMENT PLAN.— 

11 (1) SUBMISSION OF PLAN BY PART 121 AIR CAR12 RIERS.—Not later than 90 days after the date of en13 actment of this Act, each air carrier operating under 

14 part 121 of title 14, Code of Federal Regulations 

15 (referred to in this subsection as a ‘‘part 121 air 

16 carrier’’), shall submit a fatigue risk management 

17 plan for the carrier’s flight attendants to the Admin18 istrator for review and acceptance. 

19 (2) CONTENTS OF PLAN.—Each fatigue risk 

20 management plan submitted under paragraph (1) 

21 shall include— 

22 (A) current flight time and duty period 

23 limitations; 

24 (B) a rest scheme that is consistent with 

25 such limitations and enables the management of 


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1 flight attendant fatigue, including annual train2 ing to increase awareness of— 

3 (i) fatigue; 

4 (ii) the effects of fatigue on flight at5 tendants; and 

6 (iii) fatigue countermeasures; and 

7 (C) the development and use of method8 ology that continually assesses the effectiveness 

9 of implementation of the plan, including the 

10 ability of the plan— 

11 (i) to improve alertness; and 

12 (ii) to mitigate performance errors. 

13 (3) REVIEW.—Not later than 1 year after the 

14 date of enactment of this Act, the Administrator 

15 shall— 

16 (A) review each fatigue risk management 

17 plan submitted under this subsection; and 

18 (B)(i) accept the plan; or 

19 (ii) reject the plan and provide the 

20 part 121 air carrier with suggested modi21 fications to be included when the plan is 

22 resubmitted. 

23 (4) PLAN UPDATES.— 


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1 (A) IN GENERAL.—Not less frequently 

2 than once every 2 years, each part 121 air car3 rier shall— 

4 (i) update the fatigue risk manage5 ment plan submitted under paragraph (1); 

6 and 

7 (ii) submit the updated plan to the 

8 Administrator for review and acceptance. 

9 (B) REVIEW.—Not later than 1 year after 

10 the date on which an updated plan is submitted 

11 under subparagraph (A)(ii), the Administrator 

12 shall— 

13 (i) review the updated plan; and 

14 (ii)(I) accept the updated plan; or 

15 (II) reject the updated plan and 

16 provide the part 121 air carrier with 

17 suggested modifications to be included 

18 when the updated plan is resubmitted. 

19 (5) COMPLIANCE.—Each part 121 air carrier 

20 shall comply with its fatigue risk management plan 

21 after the plan is accepted by the Administrator 

22 under this subsection. 

23 (6) CIVIL PENALTIES.—A violation of this sub24 section by a part 121 air carrier shall be treated as 

25 a violation of chapter 447 of title 49, United States 


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1 Code, for the purpose of applying civil penalties 

2 under chapter 463 of such title. 

3 SEC. 2304. REPORT ON OBSOLETE TEST EQUIPMENT. 

4 (a) REPORT.—Not later than 18 months after the 

5 date of enactment of this Act, the Administrator of the 

6 Federal Aviation Administration shall submit to the ap7 propriate committees of Congress a report on the National 

8 Test Equipment Program (referred to in this section as 

9 the ‘‘Program’’). 

10 (b) CONTENTS.—The report shall include— 

11 (1) a list of all known outstanding requests for 

12 test equipment, cataloged by type and location, 

13 under the Program; 

14 (2) a description of the current method under 

15 the Program of ensuring calibrated equipment is in 

16 place for utilization; 

17 (3) a plan by the Administrator for appropriate 

18 inventory of such equipment; and 

19 (4) the Administrator’s recommendations for 

20 increasing multifunctionality in future test equip21 ment to be developed and all known and foreseeable 

22 manufacturer technological advances. 


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1 SEC. 2305. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARN2 INGS OF POTENTIAL RUNWAY INCURSIONS. 

3 (a) IN GENERAL.—Not later than June 30, 2018, the 

4 Administrator of the Federal Aviation Administration 

5 shall— 

6 (1) assess available technologies to determine 

7 whether it is feasible, cost-effective, and appropriate 

8 to install and deploy, at any airport, systems to pro9 vide a direct warning capability to flight crews and 

10 air traffic controllers of potential runway incursions; 

11 and 

12 (2) submit to the appropriate committees of 

13 Congress a report on the assessment under para14 graph (1), including any recommendations. 

15 (b) CONSIDERATIONS.—In conducting the assess16 ment under subsection (a), the Administration shall con17 sider National Transportation Safety Board findings and 

18 relevant aviation stakeholder views relating to runway in19 cursions. 

20 SEC. 2306. HELICOPTER AIR AMBULANCE OPERATIONS 

21 DATA AND REPORTS. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, the Administrator of the 

24 Federal Aviation Administration, in collaboration with hel25 icopter air ambulance industry stakeholders, shall assess 

26 the availability of information to the general public related 


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1 to the location of heliports and helipads used by heli2 copters providing air ambulance services, including 

3 helipads and helipads outside of those listed as part of 

4 any existing databases of Airport Master Record (5010) 

5 forms. 

6 (b) REQUIREMENTS.—Based on the assessment 

7 under subsection (a), the Administrator shall— 

8 (1) update, as necessary, any existing guidance 

9 on what information is included in the current data10 bases of Airport Master Record (5010) forms to in11 clude information related to heliports and helipads 

12 used by helicopters providing air ambulance services; 

13 or 

14 (2) develop, as appropriate and in collaboration 

15 with helicopter air ambulance industry stakeholders, 

16 a new database of heliports and helipads used by 

17 helicopters providing air ambulance services. 

18 (c) REPORTS.— 

19 (1) ASSESSMENT.—Not later than 30 days 

20 after the date the assessment under subsection (a) 

21 is complete, the Administrator shall submit to the 

22 appropriate committees of Congress a report on the 

23 assessment, including any recommendations on how 

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1 ports and helipads used by helicopters providing air 

2 ambulance services available to the general public. 

3 (2) IMPLEMENTATION.—Not later than 30 days 

4 after completing action under paragraph (1) or 

5 paragraph (2) of subsection (b), the Administrator 

6 shall submit to the appropriate committees of Con7 gress a report on the implementation of that action. 

8 (d) INCIDENT AND ACCIDENT DATA.—Section 44731 

9 is amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘not later than 1 year after the date 

13 of enactment of this section, and annually 

14 thereafter’’ and inserting ‘‘annually’’; 

15 (B) in paragraph (2), by striking ‘‘flights 

16 and hours flown, by registration number, dur17 ing which helicopters operated by the certificate 

18 holder were providing helicopter air ambulance 

19 services’’ and inserting ‘‘hours flown by the hel20 icopters operated by the certificate holder’’; 

21 (C) in paragraph (3)— 

22 (i) by striking ‘‘of flight’’ and insert23 ing ‘‘of patients transported and the num24 ber of patient transport’’; 


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1 (ii) by inserting ‘‘or’’ after ‘‘inter2 facility transport,’’; and 

3 (iii) by striking ‘‘, or ferry or repo4 sitioning flight’’; 

5 (D) in paragraph (5)— 

6 (i) by striking ‘‘flights and’’; and 

7 (ii) by striking ‘‘while providing air 

8 ambulance services’’; and 

9 (E) by amending paragraph (6) to read as 

10 follows: 

11 ‘‘(6) The number of hours flown at night by 

12 helicopters operated by the certificate holder.’’; 

13 (2) in subsection (d)— 

14 (A) by striking ‘‘Not later than 2 years 

15 after the date of enactment of this section, and 

16 annually thereafter, the Administrator shall 

17 submit’’ and inserting ‘‘The Administrator shall 

18 submit annually’’; and 

19 (B) by adding at the end the following: 

20 ‘‘The report shall include the number of acci21 dents experienced by helicopter air ambulance 

22 operations, the number of fatal accidents expe23 rienced by helicopter air ambulance operations, 

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1 tors providing helicopter air ambulance serv2 ices.’’; 

3 (3) by redesignating subsection (e) as sub4 section (f); and 

5 (4) by inserting after subsection (d) the fol6 lowing: 

7 ‘‘(e) IMPLEMENTATION.—In carrying out this sec8 tion, the Administrator, in collaboration with part 135 cer9 tificate holders providing helicopter air ambulance serv10 ices, shall— 

11 ‘‘(1) propose and develop a method to collect 

12 and store the data submitted under subsection (a), 

13 including a method to protect the confidentiality of 

14 any trade secret or proprietary information sub15 mitted; and 

16 ‘‘(2) ensure that the database under subsection 

17 (c) and the report under subsection (d) include data 

18 and analysis that will best inform efforts to improve 

19 the safety of helicopter air ambulance operations.’’. 

20 SEC. 2307. PART 135 ACCIDENT AND INCIDENT DATA. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Administrator of the Federal Aviation Ad23 ministration shall— 

24 (1) determine, in collaboration with the Na25 tional Transportation Safety Board and part 135 inVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 dustry stakeholders, what, if any, additional data 

2 should be reported as part of an accident or incident 

3 notice— 

4 (A) to more accurately measure the safety 

5 of on-demand part 135 aircraft activity; 

6 (B) to pinpoint safety problems; and 

7 (C) to form the basis for critical research 

8 and analysis of general aviation issues; and 

9 (2) submit to the appropriate committees of 

10 Congress a report on the findings under paragraph 

11 (1), including a description of the additional data to 

12 be collected, a timeframe for implementing the addi13 tional data collection, and any potential obstacles to 

14 implementation. 

15 SEC. 2308. DEFINITION OF HUMAN FACTORS. 

16 Section 40102(a), as amended by section 2135 of this 

17 Act, is further amended— 

18 (1) by redesignating paragraphs (24) through 

19 (47) as paragraphs (25) through (48), respectively; 

20 and 

21 (2) by inserting after paragraph (23) the fol22 lowing: 

23 ‘‘(24) ‘human factors’ means a multidisciplinary 

24 field that generates and compiles information about 

25 human capabilities and limitations and applies it to 


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1 design, development, and evaluation of equipment, 

2 systems, facilities, procedures, jobs, environments, 

3 staffing, organizations, and personnel management 

4 for safe, efficient, and effective human performance, 

5 including people’s use of technology.’’. 

6 SEC. 2309. SENSE OF CONGRESS; PILOT IN COMMAND AU7 THORITY. 

8 It is the sense of Congress that the pilot in command 

9 of an aircraft is directly responsible for, and is the final 

10 authority as to, the operation of that aircraft, as set forth 

11 in section 91.3(a) of title 14, Code of Federal Regulations 

12 (or any successor regulation thereto). 

13 SEC. 2310. ENHANCING ASIAS. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Administrator of the 

16 Federal Aviation Administration, in consultation with rel17 evant aviation industry stakeholders, shall assess what, if 

18 any, improvements are needed to develop the predictive 

19 capability of the Aviation Safety Information Analysis and 

20 Sharing program (referred to in this section as ‘‘ASIAS’’) 

21 with regard to identifying precursors to accidents. 

22 (b) CONTENTS.—In conducting the assessment under 

23 subsection (a), the Administrator shall— 

24 (1) determine what actions are necessary— 


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1 (A) to improve data quality and standard2 ization; and 

3 (B) to increase the data received from ad4 ditional segments of the aviation industry, such 

5 as small airplane, helicopter, and business jet 

6 operations; 

7 (2) consider how to prioritize the actions de8 scribed in paragraph (1); and 

9 (3) review available methods for disseminating 

10 safety trend data from ASIAS to the aviation safety 

11 community, including the inspector workforce, to in12 form in their risk-based decisionmaking efforts. 

13 (c) REPORT.—Not later than 60 days after the date 

14 the assessment under subsection (a) is complete, the Ad15 ministrator shall submit to the appropriate committees of 

16 Congress a report on the assessment, including rec17 ommendations regarding paragraphs (1) through (3) of 

18 subsection (b). 

19 SEC. 2311. IMPROVING RUNWAY SAFETY. 

20 (a) IN GENERAL.—The Administrator of the Federal 

21 Aviation Administration shall expedite the development of 

22 metrics— 

23 (1) to allow the Federal Aviation Administra24 tion to determine whether runway incursions are in25 creasing; and 


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1 (2) to assess the effectiveness of implemented 

2 runway safety initiatives. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Administrator shall submit 

5 to the appropriate committees of Congress a report on the 

6 progress in developing the metrics described in subsection 

7 (a). 

8 SEC. 2312. SAFE AIR TRANSPORTATION OF LITHIUM CELLS 

9 AND BATTERIES. 

10 (a) RESTRICTIONS ON TRANSPORTATION OF LITH11 IUM BATTERIES ON AIRCRAFT.— 

12 (1) ADOPTION OF ICAO INSTRUCTIONS.— 

13 (A) IN GENERAL.—Pursuant to section 

14 828 of the FAA Modernization and Reform Act 

15 of 2012 (49 U.S.C. 44701 note), not later than 

16 90 days after the date of enactment of this Act, 

17 the Secretary of the Department of Transpor18 tation shall conform United States regulations 

19 on the air transport of lithium cells and bat20 teries with the lithium cells and battery require21 ments in the 2015–2016 edition of the Inter22 national Civil Aviation Organization’s (referred 

23 to in this subsection as ‘‘ICAO’’) Technical In24 structions (to include all addenda) including the 


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1 revised standards adopted by ICAO which be2 came effective on April 1, 2016. 

3 (B) FURTHER PROCEEDINGS.—Beginning 

4 on the date the revised regulations under sub5 paragraph (A) are published in the Federal 

6 Register, any lithium cell and battery rule7 making action or update commenced on or after 

8 that date shall continue to comply with the re9 quirements under section 828 of the FAA Mod10 ernization and Reform Act of 2012 (49 U.S.C. 

11 44701 note). 

12 (2) REVIEW OF OTHER REGULATIONS.—Pursu13 ant to section 828 of the FAA Modernization and 

14 Reform Act of 2012 (49 U.S.C. 44701 note), the 

15 Secretary of Transportation may initiate a review of 

16 other existing regulations regarding the air transpor17 tation, including passenger-carrying and cargo air18 craft, of lithium batteries and cells. 

19 (3) MEDICAL DEVICE BATTERIES.— 

20 (A) IN GENERAL.—For United States ap21 plicants, the Secretary of Transportation shall 

22 consider and either grant or deny, within 45 

23 days, applications submitted in compliance with 

24 part 107 of title 49, Code of Federal Regula25 tions, for special permits or approvals for air 


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1 transportation of lithium ion cells or batteries 

2 specifically used by medical devices. Not later 

3 than 30 days after the date of application, the 

4 Pipeline and Hazardous Materials Safety Ad5 ministration shall provide a draft special permit 

6 based on the application to the Federal Aviation 

7 Administration. The Federal Aviation Adminis8 tration shall conduct an on-site inspection for 

9 issuance of the special permit not later than 10 

10 days after the date of receipt of the draft spe11 cial permit from the Pipeline and Hazardous 

12 Materials Safety Administration. 

13 (B) DEFINITION OF MEDICAL DEVICE.—In 

14 this paragraph, the term ‘‘medical device’’ has 

15 the meaning given the term ‘‘device’’ in section 

16 201 of the Federal Food, Drug, and Cosmetic 

17 Act (21 U.S.C. 321). 

18 (4) SAVINGS CLAUSE.—Nothing in this section 

19 shall be construed as expanding or constricting any 

20 other authority the Secretary of Transportation has 

21 under section 828 of the FAA Modernization and 

22 Reform Act of 2012 (49 U.S.C. 44701 note). 

23 (b) LITHIUM BATTERY SAFETY WORKING GROUP.— 

24 Not later than 90 days after the date of enactment of this 

25 Act, the President shall establish a lithium battery safety 


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1 working group to promote and coordinate efforts related 

2 to the promotion of the safe manufacture, use, and trans3 portation of lithium batteries and cells. 

4 (1) COMPOSITION.— 

5 (A) IN GENERAL.—The working group 

6 shall be composed of at least 1 representative 

7 from each of the following: 

8 (i) Department of Transportation. 

9 (ii) Consumer Product Safety Com10 mission. 

11 (iii) National Institute on Standards 

12 and Technology. 

13 (iv) Food and Drug Administration. 

14 (B) ADDITIONAL MEMBERS.—The working 

15 group may include not more than 4 additional 

16 members with expertise in the safe manufac17 ture, use, or transportation of lithium batteries 

18 and cells. 

19 (C) SUBCOMMITTEES.—The President, or 

20 members of the working group, may— 

21 (i) establish working group sub22 committees to focus on specific issues re23 lated to the safe manufacture, use, or 

24 transportation of lithium batteries and 

25 cells; and 


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1 (ii) include in a subcommittee the par2 ticipation of nonmember stakeholders with 

3 expertise in areas that the President or 

4 members consider necessary. 

5 (2) REPORT.—Not later than 1 year after the 

6 date it is established, the working group shall— 

7 (A) research— 

8 (i) additional ways to decrease the 

9 risk of fires and explosions from lithium 

10 batteries and cells; 

11 (ii) additional ways to ensure uniform 

12 transportation requirements for both bulk 

13 and individual batteries; and 

14 (iii) new or existing technologies that 

15 could reduce the fire and explosion risk of 

16 lithium batteries and cells; and 

17 (B) transmit to the appropriate commit18 tees of Congress a report on the research under 

19 subparagraph (A), including any legislative rec20 ommendations to effectuate the safety improve21 ments described in clauses (i) through (iii) of 

22 that subparagraph. 

23 (3) EXEMPTION FROM FACA.—The Federal Ad24 visory Committee Act (5 U.S.C. App.) shall not 

25 apply to the working group. 


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1 (4) TERMINATION.—The working group, and 

2 any working group subcommittees, shall terminate 

3 90 days after the date the report is transmitted 

4 under paragraph (2). 

5 (c) PARTICIPATION.—The Secretary of Transpor6 tation shall request that as part of the ICAO deliberations 

7 in the dangerous good panel on these issues, that appro8 priate experts on issues under consideration be allowed to 

9 participate. 

10 SEC. 2313. AIRCRAFT CABIN EVACUATION PROCEDURES. 

11 (a) REVIEW.—The Administrator of the Federal 

12 Aviation Administration shall review— 

13 (1) evacuation certification of transport-cat14 egory aircraft used in air transportation, with regard 

15 to— 

16 (A) emergency conditions, including im17 pacts into water; 

18 (B) crew procedures used for evacuations 

19 under actual emergency conditions; 

20 (C) any relevant changes to passenger de21 mographics and legal requirements, including 

22 the Americans with Disabilities Act of 1990 (42 

23 U.S.C. 12101 et seq.), that affect emergency 

24 evacuations; and 


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1 (D) any relevant changes to passenger 

2 seating configurations, including changes to 

3 seat width, padding, reclining, size, pitch, leg 

4 room, and aisle width; and 

5 (2) recent accidents and incidents in which pas6 sengers evacuated such aircraft. 

7 (b) CONSULTATION; REVIEW OF DATA.—In con8 ducting the review under subsection (a), the Administrator 

9 shall— 

10 (1) consult with the National Transportation 

11 Safety Board, transport-category aircraft manufac12 turers, air carriers, and other relevant experts and 

13 Federal agencies, including groups representing pas14 sengers, airline crew members, maintenance employ15 ees, and emergency responders; and 

16 (2) review relevant data with respect to evacu17 ation certification of transport-category aircraft. 

18 (c) REPORT TO CONGRESS.—Not later than 1 year 

19 after the date of enactment of this Act, the Administrator 

20 shall submit to the appropriate committees of Congress 

21 a report on the results of the review under subsection (a) 

22 and related recommendations, if any, including rec23 ommendations for revisions to the assumptions and meth24 ods used for assessing evacuation certification of trans25 port-category aircraft. 


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1 SEC. 2314. ANNUAL SAFETY INCIDENT REPORT. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, and annually thereafter, 

4 the Administrator of the Federal Aviation Administration, 

5 shall submit to the appropriate committees of Congress 

6 a report regarding part 121 airline safety oversight. 

7 (b) CONTENTS.—The annual report shall include— 

8 (1) a description of the Federal Aviation Ad9 ministration’s safety oversight process to ensure the 

10 safety of the traveling public; 

11 (2) a description of risk-based oversight meth12 ods applied to ensure aviation safety, including to 

13 specific issues addressed in the year preceding the 

14 report that in the determination of the Adminis15 trator address safety risk; and 

16 (3) in the instance of specific reviews of air car17 rier performance to safety regulations, a description 

18 of cases where the timelines for recurrent reviews 

19 are advanced. 

20 Subtitle D—General Aviation 

21 Safety 

22 SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS 

23 POLICY. 

24 (a) IN GENERAL.—Not later than 18 months after 

25 the date of enactment of this Act, the Administrator of 

26 the Federal Aviation Administration shall— 


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1 (1) update automated weather observing sys2 tems standards to maximize the use of new tech3 nologies that promote the reduction of equipment or 

4 maintenance cost for non-Federal automated weath5 er observing systems, including the use of remote 

6 monitoring and maintenance, unless demonstrated to 

7 be ineffective; 

8 (2) review, and if necessary update, existing 

9 policies in accordance with the standards developed 

10 under paragraph (1); and 

11 (3) establish a process under which appropriate 

12 on site airport personnel or an aviation official may, 

13 with appropriate manufacturer training or alter14 native training as determined by the Administrator, 

15 be permitted to conduct the minimum tri-annual 

16 preventative maintenance checks under the advisory 

17 circular for non-Federal automated weather observ18 ing systems (AC 150/5220–16E) and any other 

19 similar, successor checks. 

20 (b) PERMISSION.—Permission to conduct the min21 imum tri-annual preventative maintenance checks de22 scribed under subsection (a)(3) and any similar, successor 

23 checks shall not be withheld but for specific cause. 

24 (c) STANDARDS.—In updating the standards under 

25 subsection (a)(1), the Administrator shall— 


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1 (1) ensure the standards are performance2 based; 

3 (2) use risk analysis to determine the accuracy 

4 of the automated weather observing systems outputs 

5 required for pilots to perform safe aircraft oper6 ations; and 

7 (3) provide a cost benefit analysis to determine 

8 whether the benefits outweigh the cost for any re9 quirement not directly related to safety. 

10 (d) AIP ELIGIBILITY OF AWOS EQUIPMENT.—Not11 withstanding any other law, the Administrator shall waive 

12 any positive benefit-cost ratio requirement for automated 

13 weather observing system equipment under subchapter I 

14 of chapter 471, United States Code, if— 

15 (1) the airport sponsor or State, as applicable, 

16 certifies that a grant for such automated weather 

17 observing systems equipment under that chapter will 

18 assist an applicable airport to respond to regional 

19 emergency needs, including medical, firefighting, and 

20 search and rescue needs; and 

21 (2) the other requirements under that chapter 

22 are met. 

23 (e) REPORT.—Not later than September 30, 2018, 

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1 tees of Congress a report on the implementation of the 

2 requirements under this section. 

3 SEC. 2402. REQUIREMENT TO CONSULT WITH STAKE4 HOLDERS IN DEFINING SCOPE AND REQUIRE5 MENTS FOR FUTURE FLIGHT SERVICE PRO6 GRAM. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration shall consult with general aviation stake10 holders in defining the scope and requirements for any 

11 new Future Flight Service Program of the Administration 

12 to be used in a competitive source selection for the next 

13 flight service contract with the Administration. 

14 SEC. 2403. AVIATION FUEL. 

15 (a) USE OF UNLEADED AVIATION GASOLINE.—The 

16 Administrator of the Federal Aviation Administration 

17 shall allow the use of an unleaded aviation gasoline in an 

18 aircraft as a replacement for a leaded gasoline if the Ad19 ministrator— 

20 (1) determines that the unleaded aviation gaso21 line qualifies as a replacement for an approved lead22 ed gasoline; 

23 (2) identifies the aircraft and engines that are 

24 eligible to use the qualified replacement unleaded 

25 gasoline; and 


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1 (3) adopts a process (other than the traditional 

2 means of certification) to allow eligible aircraft and 

3 engines to operate using qualified replacement un4 leaded gasoline in a manner that ensures safety. 

5 (b) TIMING.—The Administrator shall adopt the 

6 process described in subsection (a)(3) not later than 180 

7 days after the later of— 

8 (1) the date on which the Administration com9 pletes the Piston Aviation Fuels Initiative; or 

10 (2) the date on which the American Society for 

11 Testing and Materials publishes a production speci12 fication for an unleaded aviation gasoline. 

13 SEC. 2404. APPLICABILITY OF MEDICAL CERTIFICATION 

14 STANDARDS TO OPERATORS OF AIR BAL15 LOONS. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Commercial Balloon Pilot Safety Act of 2017’’. 

18 (b) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall revise section 

21 61.3(c) of title 14, Code of Federal Regulations (relating 

22 to second-class medical certificates), to apply to an oper23 ator of an air balloon to the same extent such regulations 

24 apply to a pilot flight crewmember of other aircraft. 


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1 (c) AIR BALLOON DEFINED.—In this section, the 

2 term ‘‘air balloon’’ has the meaning given the term ‘‘bal3 loon’’ in section 1.1 of title 14, Code of Federal Regula4 tions (or any corresponding similar regulation or ruling). 

5 SEC. 2405. TECHNICAL CORRECTIONS. 

6 Section 2110 of the FAA Extension Safety and Secu7 rity Act of 2016 (Public Law 114–190; 130 Stat. 615) 

8 is amended to read as follows: 

9 ‘‘SEC. 2110. TOWER MARKING. 

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this Act, the Administrator of the 

12 Federal Aviation Administration shall issue regulations to 

13 implement the requirements of this section with respect 

14 to covered towers. 

15 ‘‘(b) MARKING REQUIRED.—Regulations under sub16 section (a) that require that a covered tower be clearly 

17 marked shall be consistent with applicable guidance under 

18 the Federal Aviation Administration Advisory Circular 

19 issued December 4, 2015 (AC 70/7460–1L), or other rel20 evant safety guidance, as determined by the Adminis21 trator. 

22 ‘‘(c) APPLICATION.—The regulations issued under 

23 subsection (a) shall ensure that— 

24 ‘‘(1) all covered towers constructed on or after 

25 the date on which such regulations take effect are 


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1 marked in accordance with subsection (b), included 

2 in the database in subsection (e), or, in the case of 

3 meteorological evaluation towers both; and 

4 ‘‘(2) a covered tower constructed before the 

5 date on which such regulations take effect is marked 

6 in accordance with subsection (b), included in the 

7 database in subsection (e), or, in the case of mete8 orological evaluation towers both, not later than 1 

9 year after such effective date. 

10 ‘‘(d) DEFINITIONS.— 

11 ‘‘(1) IN GENERAL.—In this section, the fol12 lowing definitions apply: 

13 ‘‘(A) COVERED TOWER.—The term ‘cov14 ered tower’ means a structure that— 

15 ‘‘(i) is a meteorological evaluation 

16 tower, a self-standing tower, or a tower 

17 supported by guy wires and ground an18 chors; 

19 ‘‘(ii) is 10 feet or less in diameter at 

20 the above-ground base, excluding concrete 

21 footing; 

22 ‘‘(iii) at the highest point of the struc23 ture is at least 50 feet above ground level; 


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1 ‘‘(iv) at the highest point of the struc2 ture is not more than 200 feet above 

3 ground level; 

4 ‘‘(v) has accessory facilities on which 

5 an antenna, sensor, camera, meteorological 

6 instrument, or other equipment is mount7 ed; and 

8 ‘‘(vi) is located on land that is— 

9 ‘‘(I) in a remote or rural area; 

10 and 

11 ‘‘(II) used for agricultural pur12 poses or immediately adjacent to such 

13 land. 

14 ‘‘(B) EXCLUSIONS.—The term ‘covered 

15 tower’ does not include any structure that— 

16 ‘‘(i) is adjacent to a house, barn, elec17 tric utility station, or other building; 

18 ‘‘(ii) is within the curtilage of a 

19 farmstead or adjacent to another building 

20 or visible structure; 

21 ‘‘(iii) supports electric utility trans22 mission or distribution lines; 

23 ‘‘(iv) is a wind-powered electrical gen24 erator with a rotor blade radius that ex25 ceeds 6 feet; 


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1 ‘‘(v) is a street light erected or main2 tained by a Federal, State, local, or tribal 

3 entity; 

4 ‘‘(vi) is designed and constructed to 

5 resemble a tree or visible structure other 

6 than a tower; 

7 ‘‘(vii) is an advertising billboard; 

8 ‘‘(viii) is located within 100 feet from 

9 the centerline of the rail line on the right 

10 of way of a rail carrier over which service 

11 has not been discontinued, or within the 

12 boundaries of a rail yard; 

13 ‘‘(ix)(I) is registered with the Federal 

14 Communications Commission under the 

15 Antenna Structure Registration program 

16 set forth under part 17 of title 47, Code of 

17 Federal Regulations; and 

18 ‘‘(II) after being registered as de19 scribed in subclause (I), is determined by 

20 the Administrator to pose no hazard to air 

21 navigation; or 

22 ‘‘(x) has already mitigated any hazard 

23 to aviation safety in accordance with FAA 

24 guidance or as otherwise approved by the 

25 Administrator. 


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1 ‘‘(2) OTHER DEFINITIONS.—The Administrator 

2 shall define such other terms as may be necessary 

3 to carry out this section. 

4 ‘‘(e) DATABASE.—The Administrator shall— 

5 ‘‘(1) develop a database that contains the loca6 tion and height of each covered tower that is not 

7 marked in accordance with this section, except 

8 that— 

9 ‘‘(A) meteorological evaluation towers shall 

10 be marked and contained in the database; and 

11 ‘‘(B) towers excepted under subsection 

12 (d)(1)(B)(viii) must be contained in the data13 base; 

14 ‘‘(2) keep the database current, and that towers 

15 to be included in the database are entered before 

16 their construction; 

17 ‘‘(3) ensure that any proprietary information in 

18 the database is protected from disclosure in accord19 ance with law; 

20 ‘‘(4) ensure that, by virtue of accessing the 

21 database, users agree and acknowledge that informa22 tion in the database— 

23 ‘‘(A) may only be used for aviation safety 

24 purposes; and 


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1 ‘‘(B) may not be disclosed for purposes 

2 other than aviation safety, regardless of wheth3 er or not the information is marked or labeled 

4 as proprietary or with a similar designation; 

5 and 

6 ‘‘(5) ensure that pilots who intend to conduct 

7 low-altitude operations in locations described in sen8 tence (d)(1)(A)(vi) consult the relevant parts of the 

9 database before conducting such operations. 

10 ‘‘(f) EXCLUSION AND WAIVER AUTHORITIES.—As 

11 part of a rulemaking conducted pursuant to this section, 

12 the Administrator— 

13 ‘‘(1) may exclude a class, category, or type of 

14 tower determined by the Administrator, after public 

15 notice and comment, to not pose a hazard to avia16 tion safety; 

17 ‘‘(2) shall establish a process to waive indi18 vidual or specific covered towers from the marking 

19 requirements under this section as required under 

20 the rulemaking if the Administrator later determines 

21 such towers does not pose a hazard to aviation safe22 ty; and 

23 ‘‘(3) shall consider, in establishing exclusions 

24 and granting waivers under this subsection, factors 

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1 ty, such as the length of time the tower has been in 

2 existence or alternative marking methods or new 

3 technologies that maintains a tower’s level of con4 spicuousness to a degree which adequately maintains 

5 the safety of the airspace. 

6 ‘‘(g) PERIODIC REVIEW.—The Administrator shall, 

7 in consultation with the Federal Communications Com8 mission, periodically conduct a safety assessment of any 

9 category of tower not more than 200 feet above ground 

10 level and, as the Administrator decides appropriate, pro11 pose regulations or guidance on the marking of such tow12 ers in the interest of safety of low-altitude aircraft oper13 ations. 

14 ‘‘(h) FCC REGULATIONS.—The Federal Communica15 tions Commission shall promulgate or amend regulations 

16 as necessary to implement the amendments made by sub17 section (f)(3), including by amending section 17.7 of title 

18 47, Code of Federal Regulations, to require a notification 

19 to the Federal Aviation Administration for any construc20 tion or alteration of a tower not less than 50 feet in height 

21 above ground level at its site.’’. 

22 Subtitle E—General Provisions 

23 SEC. 2501. FAA TECHNICAL TRAINING. 

24 (a) E-LEARNING TRAINING PILOT PROGRAM.—Not 

25 later than 90 days after the date of enactment of this Act, 


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1 the Administrator of the Federal Aviation Administration, 

2 in collaboration with the exclusive bargaining representa3 tives of covered FAA personnel, shall establish an e-learn4 ing training pilot program in accordance with the require5 ments of this section. 

6 (b) CURRICULUM.—The pilot program shall— 

7 (1) include a recurrent training curriculum for 

8 covered FAA personnel to ensure that the covered 

9 FAA personnel receive instruction on the latest avia10 tion technologies, processes, and procedures; 

11 (2) focus on providing specialized technical 

12 training for covered FAA personnel, as determined 

13 necessary by the Administrator; 

14 (3) include training courses on applicable regu15 lations of the Federal Aviation Administration; and 

16 (4) consider the efficacy of instructor-led online 

17 training. 

18 (c) PILOT PROGRAM TERMINATION.—The pilot pro19 gram shall terminate 1 year after the date of establish20 ment of the pilot program. 

21 (d) E-LEARNING TRAINING PROGRAM.—Upon termi22 nation of the pilot program, the Administrator shall assess 

23 and establish or update an e-learning training program 

24 that incorporates lessons learned for covered FAA per25 sonnel as a result of the pilot program. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) COVERED FAA PERSONNEL.—The term 

3 ‘‘covered FAA personnel’’ means airway transpor4 tation systems specialists and aviation safety inspec5 tors of the Federal Aviation Administration. 

6 (2) E-LEARNING TRAINING.—The term ‘‘e7 learning training’’ means learning utilizing electronic 

8 technologies to access educational curriculum outside 

9 of a traditional classroom. 

10 SEC. 2502. SAFETY CRITICAL STAFFING. 

11 (a) AUDIT BY DOT INSPECTOR GENERAL.—Not 

12 later than 1 year after the date of enactment of this Act, 

13 the Inspector General of the Department of Transpor14 tation shall conduct and complete an audit of the staffing 

15 model used by the Federal Aviation Administration to de16 termine the number of aviation safety inspectors that are 

17 needed to fulfill the mission of the Federal Aviation Ad18 ministration and adequately ensure aviation safety. 

19 (b) CONTENTS.—The audit shall include, at a min20 imum— 

21 (1) a review of the staffing model and an anal22 ysis of how consistently the staffing model is applied 

23 throughout the Federal Aviation Administration’s 

24 aviation safety lines of business; 


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1 (2) a review of the assumptions and methods 

2 used in devising and implementing the staffing 

3 model to assess the adequacy of the staffing model 

4 to predict the number of aviation safety inspectors 

5 needed to properly fulfill the mission of the Federal 

6 Aviation Administration and meet the future growth 

7 of the aviation industry; and 

8 (3) a determination on whether the current 

9 staffing model takes into account the Federal Avia10 tion Administration’s authority to fully utilize des11 ignees. 

12 (c) REPORT.—Not later than 30 days after the date 

13 of completion of the audit, the Inspector General shall 

14 submit to the appropriate committees of Congress a report 

15 on the results of the audit. 

16 SEC. 2503. APPROACH CONTROL RADAR. 

17 The Administrator of the Federal Aviation Adminis18 tration shall— 

19 (1) identify airports that are currently served 

20 by Federal Aviation Administration towers with 

21 nonradar approach and departure control (type 4 

22 tower); and 

23 (2) develop an implementation plan, including 

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1 tified under paragraph (1), if appropriate, with ap2 proach control radar. 

3 SEC. 2504. AIRSPACE MANAGEMENT ADVISORY COMMIT4 TEE. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Administrator of 

7 the Federal Aviation Administration shall establish an ad8 visory committee to carry out the duties described in sub9 section (b). 

10 (b) DUTIES.—The advisory committee shall— 

11 (1) conduct a review of the practices and proce12 dures of the Federal Aviation Administration for de13 veloping proposals with respect to changes in regula14 tions, policies, or guidance of the Federal Aviation 

15 Administration relating to airspace that affect air16 port operations, airport capacity, the environment, 

17 or communities in the vicinity of airports, includ18 ing— 

19 (A) an assessment of the extent to which 

20 there is consultation, or a lack of consultation, 

21 with respect to such proposals— 

22 (i) between and among the affected 

23 elements of the Federal Aviation Adminis24 tration, including the Air Traffic Organiza25 tion, the Office of Airports, the Flight 


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1 Standards Service, the Office of NextGen, 

2 and the Office of Energy and Environ3 ment; and 

4 (ii) between the Federal Aviation Ad5 ministration and affected entities, includ6 ing airports, aircraft operators, commu7 nities, and State and local governments; 

8 (2) recommend revisions to such practices and 

9 procedures to improve communications and coordi10 nation between and among affected elements of the 

11 Federal Aviation Administration and with other af12 fected entities with respect to proposals described in 

13 paragraph (1) and the potential effects of such pro14 posals; 

15 (3) conduct a review of the management by the 

16 Federal Aviation Administration of systems and in17 formation used to evaluate data relating to obstruc18 tions to air navigation or navigational facilities 

19 under part 77 of title 14, Code of Federal Regula20 tions; and 

21 (4) make recommendations to ensure that the 

22 data described in paragraph (3) is publicly accessible 

23 and streamlined to ensure developers, airport opera24 tors, and other interested parties may obtain rel25 evant information concerning potential obstructions 


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1 when working to preserve and create a safe and effi2 cient navigable airspace. 

3 (c) MEMBERSHIP.—The membership of the advisory 

4 committee established under subsection (a) shall include 

5 representatives of— 

6 (1) air carriers, including passenger and cargo 

7 air carriers; 

8 (2) general aviation, including business aviation 

9 and fixed wing aircraft and rotorcraft; 

10 (3) airports of various sizes and types; 

11 (4) air traffic controllers; and 

12 (5) State aviation officials. 

13 (d) REPORT REQUIRED.—Not later than 1 year after 

14 the date the advisory committee is established under sub15 section (a), the advisory committee shall submit to the ap16 propriate committees of Congress a report on the actions 

17 taken by the advisory committee to carry out the duties 

18 described in subsection (b). 

19 Subtitle F—General Aviation Pilot 

20 Protections 

21 SEC. 2601. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Fairness for Pilots 

23 Act’’. 


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1 SEC. 2602. EXPANSION OF PILOT’S BILL OF RIGHTS. 

2 (a) APPEALS OF SUSPENDED AND REVOKED AIRMAN

3 CERTIFICATES.—Section 2(d)(1) of the Pilot’s Bill of 

4 Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 

5 44703 note) is amended by striking ‘‘or imposing a puni6 tive civil action or an emergency order of revocation under 

7 subsections (d) and (e) of section 44709 of such title’’ and 

8 inserting ‘‘suspending or revoking an airman certificate 

9 under section 44709(d) of such title, or imposing an emer10 gency order of revocation under subsections (d) and (e) 

11 of section 44709 of such title’’. 

12 (b) DE NOVO REVIEW BY DISTRICT COURT; BURDEN

13 OF PROOF.—Section 2(e) of the Pilot’s Bill of Rights 

14 (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 

15 note) is amended— 

16 (1) by amending paragraph (1) to read as fol17 lows: 

18 ‘‘(1) IN GENERAL.—In an appeal filed under 

19 subsection (d) in a United States district court with 

20 respect to a denial, suspension, or revocation of an 

21 airman certificate by the Administrator— 

22 ‘‘(A) the district court shall review the de23 nial, suspension, or revocation de novo, includ24 ing by— 


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1 ‘‘(i) conducting a full independent re2 view of the complete administrative record 

3 of the denial, suspension, or revocation; 

4 ‘‘(ii) permitting additional discovery 

5 and the taking of additional evidence; and 

6 ‘‘(iii) making the findings of fact and 

7 conclusions of law required by Rule 52 of 

8 the Federal Rules of Civil Procedure with9 out being bound to any findings of fact of 

10 the Administrator or the National Trans11 portation Safety Board.’’; 

12 (2) by redesignating paragraph (2) as para13 graph (3); and 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) BURDEN OF PROOF.—In an appeal filed 

17 under subsection (d) in a United States district 

18 court after an exhaustion of administrative remedies, 

19 the burden of proof shall be as follows: 

20 ‘‘(A) In an appeal of the denial of an ap21 plication for the issuance or renewal of an air22 man certificate under section 44703 of title 49, 

23 United States Code, the burden of proof shall 

24 be upon the applicant denied an airman certifi25 cate by the Administrator. 


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1 ‘‘(B) In an appeal of an order issued by 

2 the Administrator under section 44709 of title 

3 49, United States Code, the burden of proof 

4 shall be upon the Administrator.’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO7 CEDURE ACT.—Notwithstanding paragraph (1)(A) of 

8 this subsection or subsection (a)(1) of section 554 of 

9 title 5, United States Code, section 554 of such title 

10 shall apply to adjudications of the Administrator 

11 and the National Transportation Safety Board to 

12 the same extent as that section applied to such adju13 dications before the date of enactment of the Fair14 ness for Pilots Act.’’. 

15 (c) NOTIFICATION OF INVESTIGATION.—Subsection 

16 (b) of section 2 of the Pilot’s Bill of Rights (Public Law 

17 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is 

18 amended— 

19 (1) in paragraph (2)(A), by inserting ‘‘and the 

20 specific activity on which the investigation is based’’ 

21 after ‘‘nature of the investigation’’; 

22 (2) in paragraph (3), by striking ‘‘timely’’; and 

23 (3) in paragraph (5), by striking ‘‘section 

24 44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 


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1 (d) RELEASE OF INVESTIGATIVE REPORTS.—Section 

2 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 

3 Stat. 1159; 49 U.S.C. 44703 note) is further amended by 

4 adding at the end the following: 

5 ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) EMERGENCY ORDERS.—In any pro8 ceeding conducted under part 821 of title 49, 

9 Code of Federal Regulations, relating to the 

10 amendment, modification, suspension, or rev11 ocation of an airman certificate, in which the 

12 Administrator issues an emergency order under 

13 subsections (d) and (e) of section 44709, sec14 tion 44710, or section 46105(c) of title 49, 

15 United States Code, or another order that takes 

16 effect immediately, the Administrator shall pro17 vide to the individual holding the airman certifi18 cate the releasable portion of the investigative 

19 report at the time the Administrator issues the 

20 order. If the complete Report of Investigation is 

21 not available at the time the Emergency Order 

22 is issued, the Administrator shall issue all por23 tions of the report that are available at the time 

24 and shall provide the full report within 5 days 

25 of its completion. 


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1 ‘‘(B) OTHER ORDERS.—In any non-emer2 gency proceeding conducted under part 821 of 

3 title 49, Code of Federal Regulations, relating 

4 to the amendment, modification, suspension, or 

5 revocation of an airman certificate, in which the 

6 Administrator notifies the certificate holder of a 

7 proposed certificate action under subsections 

8 (b) and (c) of section 44709 or section 44710 

9 of title 49, United States Code, the Adminis10 trator shall, upon the written request of the 

11 covered certificate holder and at any time after 

12 that notification, provide to the covered certifi13 cate holder the releasable portion of the inves14 tigative report. 

15 ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis16 trator does not provide the releasable portions of the 

17 investigative report to the individual holding the air18 man certificate subject to the proceeding referred to 

19 in paragraph (1) by the time required by that para20 graph, the individual may move to dismiss the com21 plaint of the Administrator or for other relief and, 

22 unless the Administrator establishes good cause for 

23 the failure to provide the investigative report or for 

24 a lack of timeliness, the administrative law judge 


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1 shall order such relief as the judge considers appro2 priate. 

3 ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE

4 REPORT.—For purposes of paragraph (1), the re5 leasable portion of an investigative report is all in6 formation in the report, except for the following: 

7 ‘‘(A) Information that is privileged. 

8 ‘‘(B) Information that constitutes work 

9 product or reflects internal deliberative process. 

10 ‘‘(C) Information that would disclose the 

11 identity of a confidential source. 

12 ‘‘(D) Information the disclosure of which is 

13 prohibited by any other provision of law. 

14 ‘‘(E) Information that is not relevant to 

15 the subject matter of the proceeding. 

16 ‘‘(F) Information the Administrator can 

17 demonstrate is withheld for good cause. 

18 ‘‘(G) Sensitive security information, as de19 fined in section 15.5 of title 49, Code of Fed20 eral Regulations (or any corresponding similar 

21 ruling or regulation). 

22 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

23 this subsection shall be construed to prevent the Ad24 ministrator from releasing to an individual subject 

25 to an investigation described in subsection (b)(1)— 


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1 ‘‘(A) information in addition to the infor2 mation included in the releasable portion of the 

3 investigative report; or 

4 ‘‘(B) a copy of the investigative report be5 fore the Administrator issues a complaint.’’. 

6 SEC. 2603. LIMITATIONS ON REEXAMINATION OF CERTIFI7 CATE HOLDERS. 

8 (a) IN GENERAL.—Section 44709(a) is amended— 

9 (1) by striking ‘‘The Administrator’’ and insert10 ing the following: 

11 ‘‘(1) IN GENERAL.—The Administrator’’; 

12 (2) by striking ‘‘reexamine’’ and inserting ‘‘, ex13 cept as provided in paragraph (2), reexamine’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(2) LIMITATION ON THE REEXAMINATION OF

16 AIRMAN CERTIFICATES.— 

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

18 may not reexamine an airman holding a stu19 dent, sport, recreational, or private pilot certifi20 cate issued under section 44703 of this title if 

21 the reexamination is ordered as a result of an 

22 event involving the fault of the Federal Aviation 

23 Administration or its designee, unless the Ad24 ministrator has reasonable grounds— 


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1 ‘‘(i) to establish that the airman may 

2 not be qualified to exercise the privileges of 

3 a particular certificate or rating, based 

4 upon an act or omission committed by the 

5 airman while exercising those privileges, 

6 after the certificate or rating was issued by 

7 the Federal Aviation Administration or its 

8 designee; or 

9 ‘‘(ii) to demonstrate that the airman 

10 obtained the certificate or the rating 

11 through fraudulent means or through an 

12 examination that was substantially and de13 monstrably inadequate to establish the air14 man’s qualifications. 

15 ‘‘(B) NOTIFICATION REQUIREMENTS.—Be16 fore taking any action to reexamine an airman 

17 under subparagraph (A), the Administrator 

18 shall provide to the airman— 

19 ‘‘(i) a reasonable basis, described in 

20 detail, for requesting the reexamination; 

21 and 

22 ‘‘(ii) any information gathered by the 

23 Federal Aviation Administration, that the 

24 Administrator determines is appropriate to 

25 provide, such as the scope and nature of 


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1 the requested reexamination, that formed 

2 the basis for that justification.’’. 

3 (b) AMENDMENT, MODIFICATION, SUSPENSION, OR

4 REVOCATION OF AIRMAN CERTIFICATES AFTER REEXAM5 INATION.—Section 44709(b) is amended— 

6 (1) in paragraph (1), by redesignating subpara7 graphs (A) and (B) as clauses (i) and (ii), respec8 tively, and indenting appropriately; 

9 (2) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively, and indent11 ing appropriately; 

12 (3) in the matter preceding subparagraph (A), 

13 as redesignated, by striking ‘‘The Administrator’’ 

14 and inserting the following: 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the Administrator’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN19 SIONS, AND REVOCATIONS OF AIRMAN CERTIFICATES

20 AFTER REEXAMINATION.— 

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

22 may not issue an order to amend, modify, sus23 pend, or revoke an airman certificate held by a 

24 student, sport, recreational, or private pilot and 

25 issued under section 44703 of this title after a 


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1 reexamination of the airman holding the certifi2 cate unless the Administrator determines that 

3 the airman— 

4 ‘‘(i) lacks the technical skills and com5 petency, or care, judgment, and responsi6 bility, necessary to hold and safely exercise 

7 the privileges of the certificate; or 

8 ‘‘(ii) materially contributed to the 

9 issuance of the certificate by fraudulent 

10 means. 

11 ‘‘(B) STANDARD OF REVIEW.—Any order 

12 of the Administrator under this paragraph shall 

13 be subject to the standard of review provided 

14 for under section 2 of the Pilot’s Bill of Rights 

15 (49 U.S.C. 44703 note).’’. 

16 (c) CONFORMING AMENDMENTS.—Section 

17 44709(d)(1) is amended— 

18 (1) in subparagraph (A), by striking ‘‘sub19 section (b)(1)(A)’’ and inserting ‘‘subsection 

20 (b)(1)(A)(i)’’; and 

21 (2) in subparagraph (B), by striking ‘‘sub22 section (b)(1)(B)’’ and inserting ‘‘subsection 

23 (b)(1)(A)(ii)’’. 


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1 SEC. 2604. EXPEDITING UPDATES TO NOTAM PROGRAM. 

2 (a) IN GENERAL.—Beginning on the date that is 180 

3 days after the date of enactment of this Act, the Adminis4 trator of the Federal Aviation Administration may not 

5 take any enforcement action against any individual for a 

6 violation of a NOTAM (as defined in section 3 of the Pi7 lot’s Bill of Rights (49 U.S.C. 44701 note)) until the Ad8 ministrator certifies to the appropriate committees of Con9 gress that the Administrator has complied with the re10 quirements of section 3 of the Pilot’s Bill of Rights, as 

11 amended by this section. 

12 (b) AMENDMENTS.—Section 3 of the Pilot’s Bill of 

13 Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 

14 44701 note) is amended— 

15 (1) in subsection (a)(2)— 

16 (A) in the matter preceding subparagraph 

17 (A)— 

18 (i) by striking ‘‘this Act’’ and insert19 ing ‘‘the Fairness for Pilots Act’’; and 

20 (ii) by striking ‘‘begin’’ and inserting 

21 ‘‘complete the implementation of’’; 

22 (B) by amending subparagraph (B) to read 

23 as follows: 

24 ‘‘(B) to continue developing and modern25 izing the NOTAM repository, in a public cen26 tral location, to maintain and archive all 


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1 NOTAMs, including the original content and 

2 form of the notices, the original date of publica3 tion, and any amendments to such notices with 

4 the date of each amendment, in a manner that 

5 is Internet-accessible, machine-readable, and 

6 searchable;’’; 

7 (C) in subparagraph (C), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(D) to specify the times during which 

11 temporary flight restrictions are in effect and 

12 the duration of a designation of special use air13 space in a specific area.’’; and 

14 (2) by amending subsection (d) to read as fol15 lows: 

16 ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE

17 SOURCE FOR NOTAMS.— 

18 ‘‘(1) IN GENERAL.—The Administrator— 

19 ‘‘(A) shall consider the repository for 

20 NOTAMs under subsection (a)(2)(B) to be the 

21 sole location for airmen to check for NOTAMs; 

22 and 

23 ‘‘(B) may not consider a NOTAM to be 

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1 cluded in the repository for NOTAMs under 

2 subsection (a)(2)(B). 

3 ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO4 LATIONS OF NOTAMS NOT IN REPOSITORY.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), beginning on the date that 

7 the repository under subsection (a)(2)(B) is 

8 final and published, the Administrator may not 

9 take any enforcement action against an airman 

10 for a violation of a NOTAM during a flight if— 

11 ‘‘(i) that NOTAM is not available 

12 through the repository before the com13 mencement of the flight; and 

14 ‘‘(ii) that NOTAM is not reasonably 

15 accessible and identifiable to the airman. 

16 ‘‘(B) EXCEPTION FOR NATIONAL SECU17 RITY.—Subparagraph (A) shall not apply in the 

18 case of an enforcement action for a violation of 

19 a NOTAM that directly relates to national se20 curity.’’. 

21 SEC. 2605. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 

22 (a) IN GENERAL.—Subchapter I of chapter 471 is 

23 amended by inserting after section 47124 the following: 

24 ‘‘§ 47124a. Accessibility of certain flight data 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) ADMINISTRATION.—The term ‘Administra2 tion’ means the Federal Aviation Administration. 

3 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis4 trator’ means the Administrator of the Federal Avia5 tion Administration. 

6 ‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘ap7 plicable individual’ means an individual who is the 

8 subject of an investigation initiated by the Adminis9 trator related to a covered flight record. 

10 ‘‘(4) CONTRACT TOWER.—The term ‘contract 

11 tower’ means an air traffic control tower providing 

12 air traffic control services pursuant to a contract 

13 with the Administration under section 47124. 

14 ‘‘(5) COVERED FLIGHT RECORD.—The term 

15 ‘covered flight record’ means any air traffic data (as 

16 defined in section 2(b)(4)(B) of the Pilot’s Bill of 

17 Rights (49 U.S.C. 44703 note)), created, main18 tained, or controlled by any program of the Adminis19 tration, including any program of the Administration 

20 carried out by employees or contractors of the Ad21 ministration, such as contract towers, flight service 

22 stations, and controller training programs. 

23 ‘‘(b) PROVISION OF COVERED FLIGHT RECORD TO

24 ADMINISTRATION.— 


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1 ‘‘(1) REQUESTS.—Whenever the Administration 

2 receives a written request for a covered flight record 

3 from an applicable individual and the covered flight 

4 record is not in the possession of the Administration, 

5 the Administrator shall request the covered flight 

6 record from the contract tower or other contractor 

7 of the Administration in possession of the covered 

8 flight record. 

9 ‘‘(2) PROVISION OF RECORDS.—Any covered 

10 flight record created, maintained, or controlled by a 

11 contract tower or another contractor of the Adminis12 tration that maintains covered flight records shall be 

13 provided to the Administration if the Administration 

14 requests the record pursuant to paragraph (1). 

15 ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC16 TION.—If the Administrator has issued, or subse17 quently issues, a Notice of Proposed Certificate Ac18 tion relying on evidence contained in the covered 

19 flight record and the individual who is the subject of 

20 an investigation has requested the record, the Ad21 ministrator shall promptly produce the record and 

22 extend the time the individual has to respond to the 

23 Notice of Proposed Certificate Action until the cov24 ered flight record is provided. 

25 ‘‘(c) IMPLEMENTATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of the Fairness for Pi3 lots Act, the Administrator shall promulgate regula4 tions or guidance to ensure compliance with this sec5 tion. 

6 ‘‘(2) COMPLIANCE BY CONTRACTORS.— 

7 ‘‘(A) IN GENERAL.—Compliance with this 

8 section by a contract tower or other contractor 

9 of the Administration that maintains covered 

10 flight records shall be included as a material 

11 term in any contract between the Administra12 tion and the contract tower or contractor en13 tered into or renewed on or after the date of en14 actment of the Fairness for Pilots Act. 

15 ‘‘(B) NONAPPLICABILITY.—Subparagraph 

16 (A) shall not apply to any contract or agree17 ment in effect on the date of enactment of the 

18 Fairness for Pilots Act unless the contract or 

19 agreement is renegotiated, renewed, or modified 

20 after that date.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 The table of contents for chapter 471 is amended by in23 serting after the item relating to section 47124 the fol24 lowing: 

‘‘47124a. Accessibility of certain flight data.’’. 


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1 SEC. 2606. AUTHORITY FOR LEGAL COUNSEL TO ISSUE 

2 CERTAIN NOTICES. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Administrator of the Federal Aviation Ad5 ministration shall revise section 13.11 of title 14, Code 

6 of Federal Regulations, to authorize legal counsel of the 

7 Federal Aviation Administration to close enforcement ac8 tions covered by that section with a warning notice, letter 

9 of correction, or other administrative action. 

10 TITLE III—AIR SERVICE 

11 IMPROVEMENTS 

12 SEC. 3001. DEFINITIONS. 

13 In this title: 

14 (1) COVERED AIR CARRIER.—The term ‘‘cov15 ered air carrier’’ means an air carrier or a foreign 

16 air carrier as those terms are defined in section 

17 40102 of title 49, United States Code. 

18 (2) ONLINE SERVICE.—The term ‘‘online serv19 ice’’ means any service available over the Internet, 

20 or that connects to the Internet or a wide-area net21 work. 

22 (3) TICKET AGENT.—The term ‘‘ticket agent’’ 

23 has the meaning given the term in section 40102 of 

24 title 49, United States Code. 


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1 Subtitle A—Passenger Air Service 

2 Improvements 

3 SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLA4 TIONS. 

5 (a) REVIEW.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary of 

8 Transportation shall review the categorization of 

9 delays and cancellations with respect to air carriers 

10 that are required to report such data. 

11 (2) CONSIDERATIONS.—In conducting the re12 view under paragraph (1), the Secretary shall con13 sider, at a minimum— 

14 (A) whether delays and cancellations at15 tributed by an air carrier to weather were un16 avoidable, including— 

17 (i) due to operational issues, air traf18 fic control issues, or groundstop or delay 

19 management programs; 

20 (ii) due to the air carrier’s discretion 

21 in determining which flights to delay or 

22 cancel during a weather event, including 

23 an attempt to impact the fewest pas24 sengers; or 

25 (iii) due to other factors; 


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1 (B) whether and to what extent delays and 

2 cancellations attributed by an air carrier to 

3 weather disproportionately impact service to 

4 smaller airports and communities; and 

5 (C) whether it is an unfair or deceptive 

6 practice in violation of section 41712 of title 

7 49, United States Code, for an air carrier to in8 form a passenger that a flight is delayed or 

9 cancelled due to weather, without any other 

10 context or explanation for the delay or cancella11 tion, when the air carrier has discretion as to 

12 which flights to delay or cancel. 

13 (3) CONSULTATION.—The Secretary may con14 sult air carriers and the Advisory Committee for 

15 Aviation Consumer Protection, established under 

16 section 411 of the FAA Modernization and Reform 

17 Act of 2012 (49 U.S.C. 42301 prec. note), to assist 

18 in conducting the review and providing recommenda19 tions. 

20 (b) REPORT.—Not later than 90 days after the date 

21 the review under subsection (a) is complete, the Secretary 

22 shall submit to the appropriate committees of Congress 

23 a report on the review under subsection (a), including any 

24 recommendations. 


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1 (c) SAVINGS PROVISION.—Nothing in this section 

2 shall be construed as affecting the decision of an air car3 rier to maximize its system capacity during weather-re4 lated events to accommodate the greatest number of pas5 sengers. 

6 SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES. 

7 (a) REVIEW.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary of 

10 Transportation shall review whether it is an unfair 

11 or deceptive practice in violation of section 41712 of 

12 title 49, United States Code, for an air carrier to 

13 change the itinerary of a passenger, more than 24 

14 hours before departure, if the new itinerary involves 

15 additional stops or departs 3 hours earlier or later 

16 and compensation or other more suitable air trans17 portation is not offered. In conducting the review, 

18 the Secretary shall consider the refund policy and al19 ternative travel options provided or offered by the 

20 air carrier in such situations. 

21 (2) CONSULTATION.—The Secretary may con22 sult with air carriers and the Advisory Committee 

23 for Aviation Consumer Protection, established under 

24 section 411 of the FAA Modernization and Reform 

25 Act of 2012 (49 U.S.C. 42301 prec. note), to assist 


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1 in conducting the review and providing recommenda2 tions. 

3 (b) REPORT.—Not later than 90 days after the date 

4 the review under subsection (a) is complete, the Secretary 

5 shall submit to appropriate committees of Congress a re6 port on the review under subsection (a), including any rec7 ommendations. 

8 SEC. 3103. ADDRESSING THE NEEDS OF FAMILIES OF PAS9 SENGERS INVOLVED IN AIRCRAFT ACCI10 DENTS. 

11 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB12 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

13 amended— 

14 (1) in subsection (a), by striking ‘‘a major’’ and 

15 inserting ‘‘any’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (9), by striking ‘‘(and 

18 any other victim of the accident)’’ and inserting 

19 ‘‘(and any other victim of the accident, includ20 ing any victim on the ground)’’; 

21 (B) in paragraph (16), by striking ‘‘major’’ 

22 and inserting ‘‘any’’; and 

23 (C) in paragraph (17)(A), by striking ‘‘sig24 nificant’’ and inserting ‘‘any’’; and 


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1 (3) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) ‘Aircraft accident’ means any aviation dis5 aster, regardless of its cause or suspected cause, for 

6 which the National Transportation Safety Board is 

7 the lead investigative agency. 

8 ‘‘(2) ‘Passenger’ has the meaning given the 

9 term in section 1136.’’. 

10 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN

11 AIR TRANSPORTATION.—Section 41313 is amended— 

12 (1) in subsection (b), by striking ‘‘a major’’ and 

13 inserting ‘‘any’’; and 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘a sig16 nificant’’ and inserting ‘‘any’’; 

17 (B) in paragraph (2), by striking ‘‘a sig18 nificant’’ and inserting ‘‘any’’; 

19 (C) in paragraph (16), by striking ‘‘major’’ 

20 and inserting ‘‘any’’; and 

21 (D) in paragraph (17)(A), by striking ‘‘sig22 nificant’’ and inserting ‘‘any’’. 

23 (c) NATIONAL TRANSPORTATION SAFETY BOARD.— 

24 Section 1136(a) is amended by striking ‘‘aircraft accident 

25 within the United States involving an air carrier or foreign 


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1 air carrier and resulting in a major loss of life’’ and insert2 ing ‘‘aircraft accident involving an air carrier or foreign 

3 air carrier, resulting in any loss of life, and for which the 

4 National Transportation Safety Board will serve as the 

5 lead investigative agency’’. 

6 SEC. 3104. TRAVELERS WITH DISABILITIES. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Comptroller General 

9 of the United States shall— 

10 (1) conduct a study of airport accessibility best 

11 practices for individuals with disabilities; and 

12 (2) submit to the appropriate committees of 

13 Congress a report on the study, including the Comp14 troller General’s findings, conclusions, and rec15 ommendations. 

16 (b) CONTENTS.—The study under subsection (a) 

17 shall include accessibility best practices beyond those rec18 ommended under the Architectural Barriers Act of 1968 

19 (42 U.S.C. 4151 et seq.), Rehabilitation Act of 1973 (29 

20 U.S.C. 701 et seq.), Air Carrier Access Act of 1986 (100 

21 Stat. 1080; Public Law 99–435), or Americans with Dis22 abilities Act of 1990 (42 U.S.C. 12101 et seq.), that im23 prove infrastructure and communications, such as with re24 gard to wayfinding, amenities, and passenger care. 


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1 SEC. 3105. EXTENSION OF ADVISORY COMMITTEE FOR 

2 AVIATION CONSUMER PROTECTION. 

3 (a) TERMINATION.—Section 411(h) of the FAA Mod4 ernization and Reform Act of 2012 (Public Law 112–95; 

5 49 U.S.C. 42301 prec. note) is amended by striking ‘‘Sep6 tember 30, 2017’’ and inserting ‘‘September 30, 2021’’. 

7 (b) FINANCIAL DISCLOSURE.—Section 411 of the 

8 FAA Modernization and Reform Act of 2012 (Public Law 

9 112–95; 49 U.S.C. 42301 prec. note) is further amend10 ed— 

11 (1) by redesignating subsection (h) as sub12 section (i); and 

13 (2) by inserting before subsection (i), the fol14 lowing: 

15 ‘‘(h) CONFLICT OF INTEREST DISCLOSURE.—Begin16 ning on the date of enactment of the Federal Aviation Ad17 ministration Reauthorization Act of 2017, each member 

18 of the advisory committee who is not a government em19 ployee shall disclose, on an annual basis, any potential 

20 conflicts of interest, including financial conflicts of inter21 est, to the Secretary in such form and manner as pre22 scribed by the Secretary.’’. 

23 (c) RECOMMENDATIONS.—Section 411(g) of the FAA 

24 Modernization and Reform Act of 2012 (Public Law 112– 

25 95; 49 U.S.C. 42301 prec. note) is amended— 


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1 (1) by striking ‘‘of the first 2 calendar years be2 ginning after the date of enactment of this Act’’ and 

3 inserting ‘‘calendar year’’; and 

4 (2) by inserting ‘‘and post on the Department 

5 of Transportation Web site’’ after ‘‘Congress’’. 

6 SEC. 3106. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

7 Section 47107(r)(3) is amended by striking ‘‘October 

8 1, 2017’’ and inserting ‘‘October 1, 2021’’. 

9 SEC. 3107. REFUNDS FOR OTHER FEES THAT ARE NOT HON10 ORED BY A COVERED AIR CARRIER. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Secretary of Transportation shall promul13 gate regulations that require each covered air carrier to 

14 promptly provide an automated refund to a passenger of 

15 any ancillary fees paid for services related to air travel 

16 that the passenger does not receive, including on the pas17 senger’s scheduled flight, on a subsequent replacement 

18 itinerary if there has been a rescheduling, or for a flight 

19 not taken by the passenger. 

20 SEC. 3108. DISCLOSURE OF FEES TO CONSUMERS. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary of Transpor23 tation shall issue final regulations requiring— 

24 (1) each covered air carrier to disclose to a con25 sumer the baggage fee, cancellation fee, change fee, 


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1 ticketing fee, and seat selection fee of that covered 

2 air carrier in a standardized format; and 

3 (2) notwithstanding the manner in which infor4 mation regarding the fees described in paragraph 

5 (1) is collected, each ticket agent to disclose to a 

6 consumer such fees of a covered air carrier in the 

7 standardized format described in paragraph (1). 

8 (b) REQUIREMENTS.—The regulations under sub9 section (a) shall require that each disclosure— 

10 (1) if ticketing is done on an Internet Web site 

11 or other online service— 

12 (A) be prominently displayed to the con13 sumer prior to the point of purchase; and 

14 (B) set forth the fees described in sub15 section (a)(1) in clear and plain language and 

16 a font of easily readable size; and 

17 (2) if ticketing is done on the telephone, be ex18 pressly stated to the consumer during the telephone 

19 call and prior to the point of purchase. 

20 SEC. 3109. SEAT ASSIGNMENTS. 

21 (a) IN GENERAL.—Not later than 15 months after 

22 the date of enactment of this Act, the Secretary of Trans23 portation shall complete such actions as may be necessary 

24 to require each covered air carrier and ticket agent to dis25 close to a consumer that seat selection for which a fee 


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1 is charged is an optional service, and that if a consumer 

2 does not pay for a seat assignment, a seat will be assigned 

3 to the consumer from available inventory. 

4 (b) REQUIREMENTS.—The disclosure under sub5 section (a) shall— 

6 (1) if ticketing is done on an Internet Web site 

7 or other online service, be prominently displayed to 

8 the consumer on that Internet Web site or online 

9 service during the selection of seating or prior to the 

10 point of purchase; 

11 (2) if ticketing is done on the telephone, be ex12 pressly stated to the consumer during the telephone 

13 call and prior to the point of purchase; 

14 (3) be made at the time the consumer checks 

15 in for the flight; and 

16 (4) be made at other ancillary seat assignment 

17 purchase opportunities prior to departure. 

18 SEC. 3110. ADVANCED BOARDING DURING PREGNANCY. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Secretary of Transportation shall review 

21 air carrier policies regarding traveling during pregnancy 

22 and, if appropriate, may revise regulations, as the Sec23 retary considers necessary, to require an air carrier to 

24 offer advanced boarding of an aircraft to a pregnant pas25 senger who requests such assistance. 


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1 SEC. 3111. CONSUMER COMPLAINT PROCESS IMPROVE2 MENT. 

3 (a) IN GENERAL.—Section 42302 is amended— 

4 (1) by redesignating subsections (b) and (c) as 

5 subsections (c) and (d), respectively; 

6 (2) by inserting after subsection (a), the fol7 lowing: 

8 ‘‘(b) POINT OF SALE.—Each air carrier, foreign air 

9 carrier, and ticket agent shall inform each consumer of 

10 a carrier service, at the point of sale, that the consumer 

11 can file a complaint about that service with the carrier 

12 and with the Aviation Consumer Protection Division of the 

13 Department of Transportation.’’; 

14 (3) by amending subsection (c), as redesig15 nated, to read as follows: 

16 ‘‘(c) INTERNET WEB SITE OR OTHER ONLINE SERV17 ICE NOTICE.—Each air carrier, foreign air carrier, and 

18 ticket agent shall include on its Internet Web site, any 

19 related mobile device application, and online service— 

20 ‘‘(1) the hotline telephone number established 

21 under subsection (a) or for the Aviation Consumer 

22 Protection Division of the Department of Transpor23 tation; 

24 ‘‘(2) an active link and the email address, tele25 phone number, and mailing address of the air car26 rier, foreign air carrier, or ticket agent, as applicaVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 ble, for a consumer to submit a complaint to the 

2 carrier about the quality of service; 

3 ‘‘(3) notice that the consumer can file a com4 plaint with the Aviation Consumer Protection Divi5 sion of the Department of Transportation; 

6 ‘‘(4) an active link to the Internet Web site of 

7 the Aviation Consumer Protection Division of the 

8 Department of Transportation for a consumer to file 

9 a complaint; and 

10 ‘‘(5) the active link described in paragraph (2) 

11 on the same Internet Web site page as the active 

12 link described in paragraph (4).’’; and 

13 (4) in subsection (d), as redesignated— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘An air carrier or foreign air carrier 

16 providing scheduled air transportation using 

17 any aircraft that as originally designed has a 

18 passenger capacity of 30 or more passenger 

19 seats’’ and inserting ‘‘Each air carrier and for20 eign air carrier’’; 

21 (B) in paragraph (1), by striking ‘‘air car22 rier’’ and inserting ‘‘carrier’’; and 

23 (C) in paragraph (2), by striking ‘‘air car24 rier’’ and inserting ‘‘carrier’’. 


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1 (b) RULEMAKING.—Not later than 1 year after the 

2 date of enactment of this Act, the Secretary of Transpor3 tation shall promulgate regulations to implement the re4 quirements of section 42302 of title 49, United States 

5 Code, as amended. 

6 SEC. 3112. ONLINE ACCESS TO AVIATION CONSUMER PRO7 TECTION INFORMATION. 

8 (a) INTERNET WEB SITE.—Not later than 180 days 

9 after the date of enactment of this Act, the Secretary of 

10 Transportation shall— 

11 (1) complete an evaluation of the aviation con12 sumer protection portion of the Department of 

13 Transportation’s public Internet Web site to identify 

14 any changes to the user interface that will improve 

15 usability, accessibility, consumer satisfaction, and 

16 Web site performance; 

17 (2) in completing the evaluation under para18 graph (1)— 

19 (A) consider the best practices of other 

20 Federal agencies with effective Web sites; and 

21 (B) consult with the Federal Web Man22 agers Council; 

23 (3) develop a plan, including an implementation 

24 timeline, for— 


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1 (A) making the changes identified under 

2 paragraph (1); and 

3 (B) making any necessary changes to that 

4 portion of the Web site that will enable a con5 sumer, in a manner that protects the privacy of 

6 consumers and employees, to— 

7 (i) access information regarding each 

8 complaint filed with the Aviation Con9 sumer Protection Division of the Depart10 ment of Transportation; 

11 (ii) search the complaints described in 

12 clause (i) by the name of the air carrier, 

13 the dates of departure and arrival, the air14 ports of origin and departure, and the type 

15 of complaint; and 

16 (iii) determine the date a complaint 

17 was filed and the date a complaint was re18 solved; and 

19 (4) submit the evaluation and plan to appro20 priate committees of Congress. 

21 (b) MOBILE APPLICATION SOFTWARE.—Not later 

22 than 1 year after the date of enactment of this Act, the 

23 Secretary of Transportation shall— 

24 (1) implement a program to develop application 

25 software for wireless devices that will enable a user 


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1 to access information and perform activities related 

2 to aviation consumer protection, such as— 

3 (A) information regarding airline pas4 senger protections, including protections related 

5 to lost baggage and baggage fees, disclosure of 

6 additional fees, bumping, cancelled or delayed 

7 flights, damaged or lost baggage, and tarmac 

8 delays; and 

9 (B) file an aviation consumer complaint, 

10 including a safety and security, airline service, 

11 disability and discrimination, or privacy com12 plaint, with the Aviation Consumer Protection 

13 Division of the Department of Transportation; 

14 and 

15 (2) make the application software available to 

16 the public at no cost. 

17 SEC. 3113. STUDY ON IN CABIN WHEELCHAIR RESTRAINT 

18 SYSTEMS. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Architectural and Transportation Barriers 

21 Compliance Board, in consultation with the Secretary of 

22 Transportation, including the Aviation Consumer Protec23 tion Division of the Department of Transportation and the 

24 Office of Aviation Safety at the Federal Aviation Adminis25 tration, shall conduct a study to determine the ways in 


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1 which particular individuals with significant disabilities 

2 who use wheelchairs, including power wheelchairs, can be 

3 safely accommodated through in-cabin wheelchair re4 straint systems. 

5 SEC. 3114. ADVISORY COMMITTEE ON THE AIR TRAVEL 

6 NEEDS OF PASSENGERS WITH DISABILITIES. 

7 (a) ESTABLISHMENT.—The Secretary of Transpor8 tation shall establish an advisory committee for the air 

9 travel needs of passengers with disabilities (referred to in 

10 this section as the ‘‘Advisory Committee’’). 

11 (b) DUTIES.—The Advisory Committee shall advise 

12 the Secretary with regard to the implementation of the 

13 Air Carrier Access Act of 1986 (Public Law 99–435; 100 

14 Stat. 1080), including— 

15 (1) assessing the disability-related access bar16 riers encountered by passengers with disabilities; 

17 (2) determining the extent to which the pro18 grams and activities of the Department of Transpor19 tation are addressing the barriers described in para20 graph (1); 

21 (3) recommending improvements to the air 

22 travel experience of passengers with disabilities; and 

23 (4) such activities as the Secretary considers 

24 necessary to carry out this section. 

25 (c) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Advisory Committee 

2 shall be comprised of at least 1 representative of 

3 each of the following groups: 

4 (A) Passengers with disabilities. 

5 (B) National disability organizations. 

6 (C) Air carriers. 

7 (D) Airport operators. 

8 (E) Contractor service providers. 

9 (2) APPOINTMENT.—The Secretary of Trans10 portation shall appoint each member of the Advisory 

11 Committee. 

12 (3) VACANCIES.—A vacancy in the Advisory 

13 Committee shall be filled in the manner in which the 

14 original appointment was made. 

15 (d) CHAIRPERSON.—The Secretary of Transportation 

16 shall designate, from among the members appointed under 

17 subsection (c), an individual to serve as chairperson of the 

18 Advisory Committee. 

19 (e) TRAVEL EXPENSES.—Members of the Advisory 

20 Committee shall serve without pay, but shall receive travel 

21 expenses, including per diem in lieu of subsistence, in ac22 cordance with subchapter I of chapter 57 of title 5, United 

23 States Code. 

24 (f) REPORTS.— 


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1 (1) IN GENERAL.—Not later than February 1 

2 of each year, the Advisory Committee shall submit 

3 to the Secretary of Transportation a report on the 

4 needs of passengers with disabilities in air travel, in5 cluding— 

6 (A) an assessment of disability-related ac7 cess barriers, both those that were evident in 

8 the preceding calendar year and those that will 

9 likely be an issue in the subsequent 5 calendar 

10 years; 

11 (B) an evaluation of the extent to which 

12 the Department of Transportation’s programs 

13 and activities are eliminating disability-related 

14 access barriers; 

15 (C) a description of the Advisory Commit16 tee’s actions during the preceding calendar 

17 year; 

18 (D) a description of activities that the Ad19 visory Committee has planned for the subse20 quent calender year; and 

21 (E) any recommendations for legislation, 

22 administrative action, or other action that the 

23 Advisory Committee considers appropriate. 

24 (2) REPORT TO CONGRESS.—Not later than 60 

25 days after the date the Secretary receives the report 


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1 under paragraph (1), the Secretary shall submit to 

2 the appropriate committees of Congress a copy of 

3 the report, including any additional findings or rec4 ommendations that the Secretary considers appro5 priate. 

6 (g) TERMINATION.—The Advisory Committee shall 

7 terminate 2 years after the date it is established under 

8 subsection (a). 

9 SEC. 3115. ENFORCEMENT OF AVIATION CONSUMER PRO10 TECTION RULES. 

11 (a) IN GENERAL.—The Comptroller General of the 

12 United States shall conduct a study to consider and evalu13 ate Department of Transportation enforcement of aviation 

14 consumer protection rules. 

15 (b) CONTENTS.—The study under subsection (a) 

16 shall include an evaluation of— 

17 (1) available enforcement mechanisms; 

18 (2) any obstacles to enforcement; and 

19 (3) trends in Department of Transportation en20 forcement actions. 

21 (c) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to the appropriate committees of Congress a report 

24 on the study, including the Comptroller General’s findings, 

25 conclusions, and recommendations. 


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1 SEC. 3116. DIMENSIONS FOR PASSENGER SEATS. 

2 (a) IN GENERAL.—Not later than 18 months after 

3 the date of enactment of this Act, the Administrator of 

4 the Federal Aviation Administration shall initiate a pro5 ceeding to study the minimum seat pitch for passenger 

6 seats on aircraft operated by air carriers (as defined in 

7 section 40102 of title 49, United States Code). 

8 (b) CONSIDERATIONS.—In reviewing any minimum 

9 seat pitch under subsection (a), the Administrator shall 

10 consider the safety of passengers, including passengers 

11 with disabilities. 

12 SEC. 3117. CELL PHONE VOICE COMMUNICATIONS. 

13 (a) IN GENERAL.—Subchapter I of chapter 417 is 

14 amended by adding at the end the following: 

15 ‘‘§ 41725. Cell phone voice communications 

16 ‘‘(a) PROHIBITION AUTHORITY.—The Secretary of 

17 Transportation may issue regulations— 

18 ‘‘(1) to prohibit an individual on an aircraft 

19 from engaging in voice communications using a mo20 bile communications device during a flight of that 

21 aircraft in scheduled passenger interstate or intra22 state air transportation; and 

23 ‘‘(2) that exempt from the prohibition described 

24 in paragraph (1)— 

25 ‘‘(A) any member of the flight crew on 

26 duty on an aircraft; 


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1 ‘‘(B) any flight attendant on duty on an 

2 aircraft; and 

3 ‘‘(C) any Federal law enforcement officer 

4 acting in an official capacity. 

5 ‘‘(b) DEFINITIONS.—In this section: 

6 ‘‘(1) FLIGHT.—The term ‘flight’ means, with 

7 respect to an aircraft, the period beginning when the 

8 aircraft takes off and ending when the aircraft 

9 lands. 

10 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

11 ‘‘(A) IN GENERAL.—The term ‘mobile 

12 communications device’ means any portable 

13 wireless telecommunications equipment utilized 

14 for the transmission or reception of voice data. 

15 ‘‘(B) LIMITATION.—The term ‘mobile com16 munications device’ does not include a phone in17 stalled on an aircraft.’’. 

18 (b) TABLE OF CONTENTS.—The table of contents at 

19 the beginning of chapter 417 is amended by inserting after 

20 the item relating to section 41724 the following: 

‘‘41725. Cell phone voice communications.’’. 

21 SEC. 3118. TICKETS ACT. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Transparency Improvements and Compensation to Keep 

24 Every Ticketholder Safe Act of 2017’’ or the ‘‘TICKETS 

25 Act’’. 


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1 (b) BOARDED PASSENGERS.—Beginning on the date 

2 of enactment of this Act, once a revenue passenger is ap3 proved by a gate attendant to clear the boarding area and 

4 board an aircraft, the applicable air carrier may not deny 

5 that passenger permission to board the aircraft without 

6 the consent of the passenger unless— 

7 (1) the passenger poses a safety, security, or 

8 health risk to oneself or to the other passengers; or 

9 (2) the passenger is engaging in behavior that 

10 is obscene, disruptive, or otherwise unlawful . 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to limit or otherwise affect the re13 sponsibility or authority of a pilot in command of an air14 craft under section 121.533 of title 14, Code of Federal 

15 Regulations, or any penalty under section 46504 of title 

16 49, United States Code. 

17 (d) ELIMINATION OF LIMITATION ON COMPENSATION

18 FOR BEING DENIED BOARDING.—Not later than 1 year 

19 after the date of the enactment of this Act, the Secretary 

20 of Transportation shall review air carrier policies and re21 vise the regulations under part 250 of title 14, Code of 

22 Federal Regulations, to eliminate the dollar amount limi23 tations under paragraphs (2) and (3) of subsections (a) 

24 and (b) of section 250.5 of that part on the amount of 


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1 compensation that may be provided to a passenger who 

2 is denied boarding involuntarily. 

3 (e) OVERSALES.— 

4 (1) IN GENERAL.—The Comptroller General of 

5 the United States shall review airline policies and 

6 practices related to oversales of flights. 

7 (2) CONSIDERATIONS.—In conducting the re8 view under paragraph (1), the Comptroller Generals 

9 shall examine— 

10 (A) impact on passengers, including the 

11 prevalence of a negative impact on passengers, 

12 as a result of an oversale; 

13 (B) economic and operational factors 

14 which results in oversales; 

15 (C) whether, and if so how, the incidence 

16 of oversales varies depending on markets; and 

17 (D) potential consequences on the limiting 

18 of oversales. 

19 (3) REPORT.—Not later than 1 year after the 

20 date of enactment of this Act, the Comptroller Gen21 eral shall submit to the appropriate committees of 

22 Congress a report on the review under paragraph 

23 (2). 

24 (f) NOTICE OF POLICIES OF AIR CARRIERS.—Not 

25 later than 1 year after the date of the enactment of this 


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1 Act, the Secretary of Transportation shall prescribe regu2 lations requiring an air carrier, or other entity selling tick3 ets for flights in passenger air transportation, to specify, 

4 on a passenger’s flight itinerary, receipt, or other direct 

5 customer communication, the policies of the air carrier op6 erating the flight regarding oversold flights. 

7 (g) DEFINITION OF AIR CARRIER.—In this section, 

8 the term ‘‘air carrier’’ means an air carrier or foreign air 

9 carrier, as those terms are defined in section 40102 of 

10 title 49, United States Code. 

11 SEC. 3119. TRANSPARENCY FOR DISABLED PASSENGERS. 

12 The compliance date of the final rule, dated Novem13 ber 2, 2016, on the reporting of data for mishandled bag14 gage and wheelchairs in aircraft cargo compartments (81 

15 Fed. Reg. 76300) shall be effective January 1, 2018. 

16 Subtitle B—Essential Air Service 

17 SEC. 3201. ESSENTIAL AIR SERVICE. 

18 (a) AUTHORIZATION EXTENSION.—Section 41742(a) 

19 is amended— 

20 (1) in paragraph (2), by striking 

21 ‘‘$150,000,000’’ and all that follows though ‘‘2017’’ 

22 and inserting ‘‘$175,000,000 for each of fiscal years 

23 2018 through 2021’’; and 

24 (2) by striking paragraph (3). 


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1 (b) DEFINITIONS.—Section 41731(a)(1)(A) is 

2 amended by striking clause (ii) and inserting the following: 

3 ‘‘(ii) was determined, on or after Oc4 tober 1, 1988, and before December 1, 

5 2012, under this subchapter by the Sec6 retary of Transportation to be eligible to 

7 receive subsidized small community air 

8 service under section 41736(a);’’. 

9 (c) SEASONAL SERVICE.—The Secretary of Trans10 portation may consider the flexibility of current oper11 ational dates and airport accessibility to meet local com12 munity needs when issuing requests for proposal of essen13 tial air service at seasonal airports. 

14 SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOP15 MENT PROGRAM. 

16 (a) EXTENSION OF AUTHORIZATION.—Section 

17 41743(e)(2) is amended by striking ‘‘$6,000,000 for each 

18 of fiscal years 2012 through 2017’’ and inserting 

19 ‘‘$10,000,000 for each of fiscal years 2018 through 

20 2021’’. 

21 (b) ELIGIBILITY.—Section 41743(c)(1) is amended 

22 to read as follows: 

23 ‘‘(1) SIZE.—On the date of the most recent no24 tice of order soliciting community proposals issued 


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1 by the Secretary under this section, the airport serv2 ing the community or consortium— 

3 ‘‘(A) was not larger than a small hub air4 port, as determined using the Department of 

5 Transportation’s most recent published classi6 fication; and 

7 ‘‘(B)(i) had insufficient air carrier service; 

8 or 

9 ‘‘(ii) had unreasonably high air fares.’’. 

10 SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS. 

11 (a) IN GENERAL.—Section 41743(c)(4) is amend12 ed— 

13 (1) by inserting ‘‘(B) SAME PROJECTS.—’’ be14 fore the second sentence and indenting appro15 priately; 

16 (2) by inserting ‘‘(A) IN GENERAL.—’’ before 

17 the first sentence and indenting appropriately; 

18 (3) in subparagraph (B), as designated by this 

19 subsection, by striking ‘‘No community’’ and insert20 ing ‘‘Except as provided in subparagraph (C)’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(C) EXCEPTION.—The Secretary may 

23 waive the limitation under subparagraph (B) 

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1 sortium spent little or no money on its previous 

2 project or encountered industry or environ3 mental challenges, due to circumstances that 

4 were reasonably beyond the control of the com5 munity or consortium.’’. 

6 (b) AUTHORITY TO MAKE AGREEMENTS.—Section 

7 41743(e)(1) is amended by adding at the end the fol8 lowing: ‘‘The Secretary may amend the scope of a grant 

9 agreement at the request of the community or consortium 

10 and any participating air carrier, and may limit the scope 

11 of a grant agreement to only the elements using grant as12 sistance or to only the elements achieved, if the Secretary 

13 determines that the amendment is reasonably consistent 

14 with the original purpose of the project.’’. 

15 SEC. 3204. WAIVERS. 

16 Section 41732 is amended by adding at the end the 

17 following: 

18 ‘‘(c) WAIVERS.—Notwithstanding section 41733(e), 

19 upon request by an eligible place, the Secretary may waive, 

20 in whole or in part, subsections (a) and (b) of this section 

21 or subsections (a) through (c) of section 41734. A waiver 

22 issued under this subsection shall remain in effect for a 

23 limited period of time, as determined by the Secretary.’’. 


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1 TITLE IV—NEXTGEN AND FAA 

2 ORGANIZATION 

3 SEC. 4001. DEFINITIONS. 

4 In this title: 

5 (1) ADMINISTRATION.—The term ‘‘Administra6 tion’’ means the Federal Aviation Administration. 

7 (2) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal 

9 Aviation Administration. 

10 (3) ADS–B.—The term ‘‘ADS–B’’ means auto11 matic dependent surveillance-broadcast. 

12 (4) ADS–B OUT.—The term ‘‘ADS–B Out’’ 

13 means automatic dependent surveillance-broadcast 

14 with the ability to transmit information from the 

15 aircraft to ground stations and to other equipped 

16 aircraft. 

17 (5) NEXTGEN.—The term ‘‘NextGen’’ means 

18 the Next Generation Air Transportation System. 

19 Subtitle A—NextGen Air 

20 Transportation System 

21 SEC. 4101. RETURN ON INVESTMENT REPORT. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, and annually thereafter 

24 until the date that each NextGen program has a positive 

25 return on investment, the Administrator shall submit to 


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1 the appropriate committees of Congress a report on the 

2 status of each NextGen program, including the most re3 cent NextGen priority list under subsection (c). 

4 (b) CONTENTS.—The report under subsection (a) 

5 shall include, for each NextGen program— 

6 (1) an estimate of the date the program will 

7 have a positive return on investment; 

8 (2) an explanation for any delay in the delivery 

9 of expected benefits from previously published esti10 mates on delivery of such benefits, in implementing 

11 or utilizing the program; 

12 (3) an estimate of the completion date; 

13 (4) an assessment of the long-term and near14 term user benefits of the program for— 

15 (A) the Federal Government; and 

16 (B) the users of the national airspace sys17 tem; and 

18 (5) a description of how the program directly 

19 contributes to a safer and more efficient air traffic 

20 control system. 

21 (c) NEXTGEN PRIORITY LIST.—Based on the assess22 ment under subsection (a), the Administrator shall— 

23 (1) develop, in coordination with the NextGen 

24 Advisory Committee and considering the need for a 


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1 balance between long-term and near-term user bene2 fits, a prioritization of the NextGen programs; 

3 (2) annually update the priority list under para4 graph (1); and 

5 (3) prepare budget submissions to reflect the 

6 current status of NextGen programs and projected 

7 returns on investment for each NextGen program. 

8 (d) DEFINITION OF RETURN ON INVESTMENT.—In 

9 this section, the term ‘‘return on investment’’ means the 

10 cost associated with technologies that are required by law 

11 or policy as compared to the financial benefits derived 

12 from such technologies by a government or a user of air13 space. 

14 (e) REPEAL OF NEXTGEN PRIORITIES.—Section 202 

15 of the FAA Modernization and Reform Act of 2012 (Pub16 lic Law 112–95; 49 U.S.C. 40101 note) and the item re17 lating to that section in the table of contents under section 

18 1(b) of that Act are repealed. 

19 SEC. 4102. ENSURING FAA READINESS TO PROVIDE SEAM20 LESS OCEANIC OPERATIONS. 

21 Not later than September 30, 2018, the Adminis22 trator shall make a final investment decision regarding a 

23 reduced oceanic separation capability that, if a positive 

24 business case is provided, would result in operational use 

25 by the end of 2020. 


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1 SEC. 4103. ANNUAL NEXTGEN PERFORMANCE GOALS. 

2 (a) IN GENERAL.—This section may be cited as the 

3 ‘‘NextGen Accountability Act’’. 

4 (b) NEXTGEN ANNUAL PERFORMANCE GOALS.— 

5 Section 214 of the FAA Modernization and Reform Act 

6 of 2012 (Public Law 112–95; 49 U.S.C. 40101 note) is 

7 amended by adding at the end the following: 

8 ‘‘(e) ANNUAL NEXTGEN PERFORMANCE GOALS.— 

9 The Administrator shall establish annual NextGen per10 formance goals for each of the performance metrics set 

11 forth in subsection (a) to meet the performance metric 

12 baselines identified under subsection (b). Such goals shall 

13 be established in consultation with public and private 

14 NextGen stakeholders, including the NextGen Advisory 

15 Committee.’’. 

16 (c) NEXTGEN METRICS REPORT.—Section 710(e)(2) 

17 of the Vision 100—Century of Aviation Reauthorization 

18 Act (Public Law 108–176; 49 U.S.C. 40101 note) is 

19 amended— 

20 (1) in subparagraph (D), by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (E), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 

25 ‘‘(F) a description of the progress made in 

26 meeting the annual NextGen performance goals 


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1 relative to the performance metrics established 

2 under section 214 of the FAA Modernization 

3 and Reform Act of 2012 (Public Law 112–95; 

4 49 U.S.C. 40101 note).’’. 

5 (d) CHIEF NEXTGEN OFFICER.—Section 106(s) is 

6 amended— 

7 (1) in paragraph (2)(B), by adding at the end 

8 the following: ‘‘In evaluating the performance of the 

9 Chief NextGen Officer for the purpose of awarding 

10 a bonus under this subparagraph, the Administrator 

11 shall consider the progress toward meeting the 

12 NextGen performance goals established pursuant to 

13 section 214(e) of the FAA Modernization and Re14 form Act of 2012 (Public Law 112–95; 49 U.S.C. 

15 40101 note).’’; and 

16 (2) in paragraph (3), by adding at the end the 

17 following: ‘‘The annual organizational performance 

18 goals set forth in the agreement shall include quan19 tifiable NextGen airspace performance objectives re20 garding efficiency, productivity, capacity, and safety, 

21 which shall be established in consultation with public 

22 and private NextGen stakeholders, including the 

23 NextGen Advisory Committee.’’. 


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1 SEC. 4104. AIR TRAFFIC CONTROL OPERATIONAL CONTIN2 GENCY PLANS. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) On September 26, 2014, an Administration 

6 contract employee deliberately started a fire that de7 stroyed critical equipment at the Administration’s 

8 Chicago Air Route Traffic Control Center (referred 

9 to in this section as the ‘‘Chicago Center’’) in Au10 rora, Illinois. 

11 (2) As a result of the damage, Chicago Center 

12 was unable to control air traffic for more than 2 

13 weeks, thousands of flights were delayed or cancelled 

14 into and out of O’Hare International Airport and 

15 Midway Airport in Chicago, and aviation stake16 holders and airlines reportedly lost over 

17 $350,000,000. 

18 (3) According to the Office of the Inspector 

19 General of the Department of Transportation, al20 though the Administration has taken steps to im21 prove the effectiveness of its operational contingency 

22 plans since the incident at the Chicago Center, sig23 nificant work remains to be done. 

24 (b) AIR TRAFFIC CONTROL OPERATIONAL CONTIN25 GENCY PLANS.—Not later than 1 year after the date of 

26 enactment of this Act, and every 5 years thereafter, the 


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1 Administrator shall update the Administration’s air traffic 

2 control operational contingency plans (FAA Order JO 

3 1900.47E) to address potential air traffic facility outages 

4 that could have a major impact on the operation of the 

5 national airspace system, including the most recent find6 ings and recommendations in the report under subsection 

7 (d). 

8 (c) UPDATES.—Not later than 60 days after the date 

9 the air traffic control operational contingency plans are 

10 updated under subsection (b), the Administrator shall sub11 mit to the appropriate committees of Congress a report 

12 on the update, including any recommendations for ensur13 ing air traffic facility outages do not have a major impact 

14 on the operation of the national airspace system. 

15 (d) RESILIENCY RECOMMENDATIONS.—Not later 

16 than 180 days after the date of enactment of this Act, 

17 and periodically thereafter as the Administrator considers 

18 appropriate, the Administrator shall convene NextGen 

19 program officials to evaluate, expedite, and complete a re20 port on how planned NextGen capabilities can enhance the 

21 resiliency and continuity of national airspace system oper22 ations and mitigate the impact of future air traffic control 

23 disruptions. 


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1 SEC. 4105. 2020 ADS–B OUT MANDATE PLAN. 

2 The Administrator, in collaboration with the NextGen 

3 Advisory Committee, shall— 

4 (1) not later than 180 days after the date of 

5 enactment of this Act— 

6 (A) identify any known and potential bar7 riers to compliance with the 2020 ADS–B Out 

8 mandate under section 91.225 of title 14, Code 

9 of Federal Regulations; 

10 (B) develop a plan to address the known 

11 barriers identified in paragraph (1), including a 

12 schedule for— 

13 (i) periodically reevaluating the poten14 tial barriers identified in paragraph (1); 

15 and 

16 (ii) developing solutions and imple17 menting actions to address the known and 

18 potential barriers; and 

19 (C) submit the plan to the appropriate 

20 committees of Congress; 

21 (2) periodically update the plan and, not later 

22 than 30 days after the completion date, submit the 

23 update to the appropriate committees of Congress; 

24 and 

25 (3) not later than 30 days after the date the 

26 plan is submitted under paragraph (2), and annually 


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1 thereafter until January 1, 2020, submit to the ap2 propriate committees of Congress a report on the 

3 progress made toward meeting the 2020 ADS–B 

4 Out mandate. 

5 SEC. 4106. NEXTGEN INTEROPERABILITY. 

6 (a) IN GENERAL.—To implement a more effective 

7 international strategy for achieving NextGen interoper8 ability with foreign countries, the Administrator shall take 

9 the following actions: 

10 (1) Conduct a gap analysis to identify potential 

11 risks to NextGen interoperability with other Air 

12 Navigation Service Providers and establish a sched13 ule for periodically reevaluating such risks. 

14 (2) Develop a plan that identifies and docu15 ments actions the Administrator will undertake to 

16 mitigate such risks, using information from the gap 

17 analysis as a basis for making management deci18 sions about how to allocate resources for such ac19 tions. 

20 (b) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Administrator shall submit 

22 to the appropriate committees of Congress a report on the 

23 analysis conducted under paragraph (1) of subsection (a) 

24 and on the actions the Administrator has taken under 

25 paragraph (2) of such subsection. 


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1 SEC. 4107. NEXTGEN TRANSITION MANAGEMENT. 

2 (a) IN GENERAL.—The Administrator shall— 

3 (1) identify and analyze technical and oper4 ational maturity gaps in NextGen transition and im5 plementation plans; and 

6 (2) develop a plan to mitigate the gaps identi7 fied in paragraph (1). 

8 (b) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Administrator shall submit 

10 to the appropriate committees of Congress a report on the 

11 actions taken to carry out the plan required by subsection 

12 (a)(2). 

13 SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL 

14 IMPROVEMENTS. 

15 (a) IN GENERAL.—To help ensure that NextGen 

16 operational improvements are fully implemented in the 

17 midterm, the Administrator shall— 

18 (1) collaborate with air carriers and other users 

19 of the national airspace system (referred to in this 

20 section as ‘‘NAS’’) to develop and implement a sys21 tem to systematically track the use of existing per22 formance based navigation (referred to in this sec23 tion as ‘‘PBN’’) procedures; 

24 (2) identify and consider other key operational 

25 improvements, including the identification of— 


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1 (A) additional metroplexes for PBN 

2 projects; 

3 (B) non-metroplex PBN procedures; and 

4 (C) unused flight routes for decommis5 sioning; 

6 (3) develop and implement guidelines for the 

7 timely inclusion of appropriate stakeholders, includ8 ing airport representatives, in the planning and im9 plementation of NextGen operational improvement 

10 efforts; and 

11 (4) ensure that NextGen planning documents 

12 inform stakeholders of how and when operational 

13 improvements are expected to achieve NextGen na14 tional goals and strategic objectives. 

15 (b) REPORTS.—Each year, as part of the submission 

16 of the NextGen Integrated Work Plan, the Administrator 

17 shall submit to the appropriate committees of Congress 

18 a report on— 

19 (1) the progress made toward implementing the 

20 requirements under subsection (a); and 

21 (2) the schedule and process that will be used 

22 to implement PBN at additional airports, including 

23 information on how the Administration will partner 

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1 ditious implementation of PBN at additional air2 ports. 

3 SEC. 4109. SECURING AIRCRAFT AVIONICS SYSTEMS. 

4 (a) IN GENERAL.—The Administrator of the Federal 

5 Aviation Administration shall consider, where appropriate, 

6 revising Federal Aviation Administration regulations re7 garding airworthiness certification— 

8 (1) to address cybersecurity for avionics sys9 tems, including software components; and 

10 (2) to require that aircraft avionics systems 

11 used for flight guidance or aircraft control be se12 cured against unauthorized access via passenger in13 flight entertainment systems through such means as 

14 the Administrator determines appropriate to protect 

15 the avionics systems from unauthorized external and 

16 internal access. 

17 (b) CONSIDERATION.—In carrying out subsection (a), 

18 the Administrator shall consider the recommendations of 

19 the Aircraft Systems Information Security Protection 

20 Working Group under section 2111 of the FAA Extension 

21 Safety and Security Act of 2016 (Public Law 114–190; 

22 130 Stat. 615). 


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1 SEC. 4110. DEFINING NEXTGEN. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Comptroller General of the United States 

4 shall— 

5 (1) assess how the line items included in the 

6 Administration’s NextGen budget request relate to 

7 the goals and expected outcomes of NextGen, includ8 ing whether and how NextGen programs directly 

9 contribute to a measurably safer and more efficient 

10 air traffic control system; and 

11 (2) submit to the appropriate committees of 

12 Congress a report on the results of the assessment 

13 under paragraph (1), including any recommenda14 tions for the removal of line items that do not di15 rectly contribute to a measurably safer and more ef16 ficient air traffic control system. 

17 SEC. 4111. HUMAN FACTORS. 

18 (a) IN GENERAL.—In order to avoid having to subse19 quently modify products and services developed as a part 

20 of NextGen, the Administrator shall— 

21 (1) recognize and incorporate, in early design 

22 phases of all relevant NextGen programs, the human 

23 factors and procedural and airspace implications of 

24 stated goals and associated technical changes; and 


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1 (2) ensure that a human factors specialist, sep2 arate from the research and certification groups, is 

3 directly involved with the NextGen approval process. 

4 (b) REPORT.—Not later than 1 year after the date 

5 of enactment of this Act, the Administrator shall submit 

6 to the appropriate committees of Congress a report on the 

7 progress made toward implementing the requirements 

8 under subsection (a). 

9 SEC. 4112. MAJOR ACQUISITION REPORTS. 

10 (a) IN GENERAL.—The Administrator shall evaluate 

11 the current acquisition practices of the Administration to 

12 ensure that such practices— 

13 (1) identify the current estimated costs for each 

14 acquisition system, including all segments; 

15 (2) separately identify cumulative amounts for 

16 acquisition costs, technical refresh, and other en17 hancements in order to identify the total baselined 

18 and re-baselined costs for each system; and 

19 (3) account for the way funds are being used 

20 when reporting to managers, Congress, and other 

21 stakeholders. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, and biennially thereafter, the Ad24 ministrator shall submit to the appropriate committees of 


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1 Congress a report on the progress made toward imple2 menting the requirements under subsection (a). 

3 SEC. 4113. EQUIPAGE MANDATES. 

4 (a) IN GENERAL.—Before NextGen-related equipage 

5 mandates are imposed on users of the national airspace 

6 system, the Administrator, in collaboration with relevant 

7 stakeholders, shall— 

8 (1) provide a statement of estimated costs and 

9 benefits based on mature and stable technical speci10 fications; and 

11 (2) create a schedule for Administration deliver12 ables and investments by both the users and the Ad13 ministration, including for procedure and airspace 

14 design, infrastructure deployment, and training. 

15 SEC. 4114. WORKFORCE. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Administrator shall— 

18 (1) identify and assess barriers to attracting, 

19 developing, training, and retaining a talented work20 force in the areas of systems engineering, architec21 ture, systems integration, digital communications, 

22 and cybersecurity; 

23 (2) develop a comprehensive plan to attract, de24 velop, train, and retain talented individuals in those 

25 fields; and 


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1 (3) identify existing authorities available to the 

2 Administrator, through personnel reform, to attract, 

3 develop, and retain this talent. 

4 (b) REPORT.—The Administrator shall submit to the 

5 appropriate committees of Congress a report on the 

6 progress made toward implementing the requirements 

7 under subsection (a). 

8 SEC. 4115. PROGRAMMATIC RISK MANAGEMENT. 

9 (a) IN GENERAL.—To better inform the Administra10 tion’s decisions regarding the prioritization of efforts and 

11 allocation of resources for NextGen, the Administrator 

12 shall— 

13 (1) solicit input from specialists in probability 

14 and statistics to identify and prioritize the pro15 grammatic and implementation risks to NextGen; 

16 and 

17 (2) develop a method to manage and mitigate 

18 the risks identified in paragraph (1). 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Administrator shall submit 

21 to the appropriate committees of Congress a report on the 

22 progress made toward implementing the requirements 

23 under subsection (a). 


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1 SEC. 4116. PROGRAM MANAGEMENT. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Administrator, in collaboration with the 

4 NextGen Advisory Committee and the National Academies 

5 of Sciences, Engineering, and Medicine, shall— 

6 (1) identify industry best practices regarding 

7 highly integrated program management; 

8 (2) determine whether, and identify how, the 

9 Administration is applying the best practices identi10 fied in paragraph (1) in the management of 

11 NextGen; 

12 (3) identify, in detail, the lessons learned re13 garding the complex integration of NextGen pro14 grams into the national airspace system; 

15 (4) identify and assess the key risks for the full 

16 implementation of— 

17 (A) multiple runway operations; 

18 (B) performance based navigation; 

19 (C) surface operations and data sharing; 

20 and 

21 (D) data communications; and 

22 (5) develop a detailed plan to mitigate the risks 

23 identified under paragraph (4); and 

24 (6) submit to the appropriate committees of 

25 Congress a report on the activities under paragraphs 

26 (1) through (5), including the plan. 


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1 SEC. 4117. SYSTEM-WIDE IMPROVEMENTS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Administrator shall sub4 mit to the appropriate committees of Congress a report 

5 identifying any improvements and benefits to the national 

6 airspace system, as a whole, as a result of— 

7 (1) multiple runway operations; 

8 (2) performance based navigation; 

9 (3) surface operations and data sharing; and 

10 (4) data communications. 

11 (b) CONSIDERATIONS.—In identifying improvements 

12 and benefits under subsection (a) as a result of the 

13 NextGen programs listed under subparagraphs (A) 

14 through (D) of that subsection, the Administrator shall 

15 consider, at a minimum— 

16 (1) reduced overall delays in the national air17 space system; 

18 (2) increased overall throughput in the national 

19 airspace system; 

20 (3) decreased overall emissions and fuel con21 sumption in the national airspace system; and 

22 (4) improved safety in the national airspace 

23 system. 

24 SEC. 4118. NEXTGEN RESEARCH. 

25 Not later than 1 year after the date of enactment 

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1 priate committees of Congress a report specifying the top 

2 5 priority research areas for the implementation and ad3 vancement of NextGen, including— 

4 (1) an assessment of why the research areas are 

5 a priority for the implementation and advancement 

6 of NextGen; 

7 (2) an identification of the other Federal agen8 cies and private organizations assisting the Adminis9 tration with the research; and 

10 (3) an estimate of when the research will be 

11 completed. 

12 Subtitle B—Administration 

13 Organization and Employees 

14 SEC. 4201. COST-SAVING INITIATIVES. 

15 (a) IN GENERAL.—To ensure that Administration 

16 initiatives are being implemented in a timely and fiscally 

17 responsible manner, the Administrator shall— 

18 (1) identify and implement agencywide cost-sav19 ing initiatives; and 

20 (2) develop appropriate schedules and metrics 

21 to measure whether the initiatives are successful in 

22 reducing costs. 

23 (b) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Administrator shall submit 

25 to the appropriate committees of Congress a report on the 


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1 progress made toward implementing the requirements 

2 under subsection (a). 

3 SEC. 4202. FEDERAL AVIATION ADMINISTRATION PER4 FORMANCE MEASURES AND TARGETS. 

5 (a) PERFORMANCE MEASURES.—Not later than 180 

6 days after the date of enactment of this Act, the Secretary 

7 of Transportation shall establish performance measures 

8 relating to the administration of the Administration, 

9 which shall, at a minimum, include measures to assess— 

10 (1) the reduction of delays in the completion of 

11 projects; and 

12 (2) the effectiveness of the Administration in 

13 achieving the goals described in section 47171 of 

14 title 49, United States Code. 

15 (b) PERFORMANCE TARGETS.—Not later than 180 

16 days after the date on which the Secretary establishes per17 formance measures in accordance with subsection (a), the 

18 Secretary shall establish performance targets relating to 

19 each of the measures described in that subsection. 

20 (c) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act, the Inspector General of the De22 partment of Transportation shall submit to the appro23 priate committees of Congress a report describing the 

24 progress of the Secretary in meeting the performance tar25 gets established under subsection (b). 


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1 SEC. 4203. TREATMENT OF ESSENTIAL EMPLOYEES DURING 

2 FURLOUGHS. 

3 (a) DEFINITION OF ESSENTIAL EMPLOYEE.—In this 

4 section, the term ‘‘essential employee’’ means an employee 

5 of the Administration who performs work involving the 

6 safety of human life or the protection of property, as de7 termined by the Administrator. 

8 (b) IN GENERAL.—In implementing spending reduc9 tions under Federal law, the Administrator may furlough 

10 1 or more employees of the Administration, except an es11 sential employee, if the Administrator determines the fur12 lough is necessary to achieve the required spending reduc13 tions. 

14 (c) TRANSFER OF BUDGETARY RESOURCES.—The 

15 Administrator may transfer budgetary resources within 

16 the Administration to carry out subsection (b), except that 

17 the transfer may only be made to maintain essential em18 ployees. 

19 SEC. 4204. CONTROLLER CANDIDATE INTERVIEWS. 

20 (a) IN GENERAL.—Not later than 60 days after the 

21 date of enactment of this Act, the Administrator shall re22 quire that an in-person interview be conducted with each 

23 individual applying for an air traffic control specialist po24 sition before that individual may be hired to fill that posi25 tion. 


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1 (b) GUIDANCE.—Not later than 30 days after the 

2 date of enactment of this Act, the Administrator shall es3 tablish guidelines regarding the in-person interview proc4 ess described in subsection (a). 

5 SEC. 4205. REPORT ON PLANS FOR AIR TRAFFIC CONTROL 

6 FACILITIES IN THE NEW YORK CITY AND 

7 NEWARK REGION. 

8 Not later than 90 days after the date of enactment 

9 of this Act, the Administrator shall submit to the appro10 priate committees of Congress a report on the Administra11 tion’s staffing and scheduling plans for air traffic control 

12 facilities in the New York City and Newark region for the 

13 1-year period beginning on such date of enactment. 

14 SEC. 4206. WORK PLAN FOR THE NEW YORK/NEW JERSEY/ 

15 PHILADELPHIA METROPOLITAN AREA AIR16 SPACE PROJECT. 

17 Not later than 90 days after the date of enactment 

18 of this Act, the Administrator shall develop and publish 

19 in the Federal Register a work plan for the New York/ 

20 New Jersey/Philadelphia Metropolitan Area Airspace 

21 Project. 

22 SEC. 4207. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 

23 (a) REQUIREMENT TO PROVIDE SERVICES AND RE24 LATED SUPPORT.—The Administrator shall provide air 

25 traffic services and aviation safety support for aviation 


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1 events, including airshows and fly-ins, without the imposi2 tion or collection of any fee, tax, or other charge for that 

3 purpose. Amounts for the provision of such services and 

4 support shall be derived from amounts appropriated or 

5 otherwise available for the Administration. 

6 (b) DETERMINATION OF SERVICES AND SUPPORT TO

7 BE PROVIDED.—In determining the services and support 

8 to be provided for an aviation event for purposes of sub9 section (a), the Administrator shall take into account the 

10 following: 

11 (1) The services and support required to meet 

12 levels of activity at prior events, if any, similar to 

13 the event. 

14 (2) The anticipated need for services and sup15 port at the event. 

16 SEC. 4208. ANNUAL REPORT ON INCLUSION OF DISABLED 

17 VETERAN LEAVE IN PERSONNEL MANAGE18 MENT SYSTEM. 

19 Not later than 1 year after the date of enactment 

20 of this Act, and not less frequently than annually there21 after until the date that is 5 years after the date of enact22 ment of this Act, the Administrator shall publish on a pub23 licly accessible Internet Web site a report on— 


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1 (1) the effect of section 40122(g)(4) of title 49, 

2 United States Code, on the Administration’s work3 force; and 

4 (2) the number of disabled veterans benefitting 

5 from that section. 

6 TITLE V—MISCELLANEOUS 

7 SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD IN8 VESTIGATIVE OFFICERS. 

9 Section 1113 is amended by striking subsection (h). 

10 SEC. 5002. OVERFLIGHTS OF NATIONAL PARKS. 

11 Section 40128 is amended— 

12 (1) in subsection (a)(3), by striking ‘‘the’’ be13 fore ‘‘title 14’’; and 

14 (2) by amending subsection (f) to read as fol15 lows: 

16 ‘‘(f) TRANSPORTATION ROUTES.— 

17 ‘‘(1) IN GENERAL.—This section shall not apply 

18 to any air tour operator while flying over or near 

19 any Federal land managed by the Director of the 

20 National Park Service, including Lake Mead Na21 tional Recreation Area, solely as a transportation 

22 route, to conduct an air tour over the Grand Canyon 

23 National Park. 

24 ‘‘(2) EN ROUTE.—For purposes of this sub25 section, an air tour operator flying over the Hoover 


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1 Dam in the Lake Mead National Recreation Area en 

2 route to the Grand Canyon National Park shall be 

3 deemed to be flying solely as a transportation 

4 route.’’. 

5 SEC. 5003. AERONAUTICAL STUDIES FOR COMMERCIAL 

6 SPACE LAUNCH SITE RUNWAYS. 

7 (a) IN GENERAL.—Section 44718(b)(1) is amended– 

8 (1) in the matter preceding subparagraph (A), 

9 by striking ‘‘air navigation facilities and equipment’’ 

10 and inserting ‘‘air or space navigation facilities and 

11 equipment’’; and 

12 (2) in subparagraph (A)— 

13 (A) by redesignating clauses (v) and (vi) as 

14 clauses (vi) and (vii), respectively; and 

15 (B) by inserting after clause (iv) the fol16 lowing: 

17 ‘‘(v) the impact on launch and reentry 

18 for launch and reentry vehicles arriving or 

19 departing from a launch site or reentry 

20 site licensed by the Secretary.’’. 

21 (b) RULEMAKING.—Not later than 18 months after 

22 the date of enactment of this Act, the Administrator of 

23 the Federal Aviation Administration shall initiate a rule24 making to implement the amendments made by subsection 

25 (a). 


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1 SEC. 5004. COMPREHENSIVE AVIATION PREPAREDNESS 

2 PLAN. 

3 (a) IN GENERAL.—No later than 1 year after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation and the Secretary of Health and Human Services, 

6 in coordination with the Secretary of Homeland Security, 

7 the Secretary of Labor, the Secretary of State, the Sec8 retary of Defense, and representatives of other Federal de9 partments and agencies, as necessary, shall develop a com10 prehensive national aviation communicable disease pre11 paredness plan. 

12 (b) MINIMUM COMPONENTS.—The plan developed 

13 under subsection (a) shall— 

14 (1) be developed in consultation with other rel15 evant stakeholders, including State, local, tribal, and 

16 territorial governments, air carriers, first respond17 ers, and the general public; 

18 (2) provide for the development of a commu19 nications system or protocols for providing com20 prehensive, appropriate, and up-to-date information 

21 regarding communicable disease threats and pre22 paredness between all relevant stakeholders; 

23 (3) document the roles and responsibilities of 

24 relevant Federal department and agencies, including 

25 coordination requirements; 


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1 (4) provide guidance to air carriers, airports, 

2 and other appropriate aviation stakeholders on how 

3 to develop comprehensive communicable disease pre4 paredness plans for their respective organizations, in 

5 accordance with the plan to be developed under sub6 section (a); 

7 (5) be scalable and adaptable so that the plan 

8 can be used to address the full range of commu9 nicable disease threats and incidents; 

10 (6) provide information on communicable 

11 threats and response training resources for all rel12 evant stakeholders, including Federal, State, local, 

13 tribal, and territorial government employees, airport 

14 officials, aviation industry employees and contrac15 tors, first responders, and health officials; 

16 (7) develop protocols for the dissemination of 

17 comprehensive, up-to-date, and appropriate informa18 tion to the traveling public concerning communicable 

19 disease threats and preparedness; 

20 (8) be updated periodically to incorporate les21 sons learned with supplemental information; and 

22 (9) be provided to relevant government agencies 

23 and stakeholders in writing, and electronically, and 

24 accessible via the Internet. 


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1 (c) INTERAGENCY FRAMEWORK.—The plan devel2 oped under subsection (a) shall— 

3 (1) be conducted under the existing interagency 

4 framework for national level all hazards emergency 

5 preparedness planning or another appropriate frame6 work; and 

7 (2) be consistent with the obligations of the 

8 United States under international agreements. 

9 SEC. 5005. ADVANCED MATERIALS CENTER OF EXCEL10 LENCE. 

11 (a) IN GENERAL.—Chapter 445 is amended by add12 ing at the end the following: 

13 ‘‘§ 44518. Advanced Materials Center of Excellence 

14 ‘‘(a) IN GENERAL.—The Administrator of the Fed15 eral Aviation Administration shall continue operation of 

16 the Advanced Materials Center of Excellence (referred to 

17 in this section as the ‘Center’) under its structure as in 

18 effect on March 1, 2016, which shall focus on applied re19 search and training on the durability and maintainability 

20 of advanced materials in transport airframe structures. 

21 ‘‘(b) RESPONSIBILITIES.—The Center shall— 

22 ‘‘(1) promote and facilitate collaboration among 

23 academia, the Transportation Division of the Fed24 eral Aviation Administration, and the commercial 


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1 aircraft industry, including manufacturers, commer2 cial air carriers, and suppliers; and 

3 ‘‘(2) establish goals set to advance technology, 

4 improve engineering practices, and facilitate con5 tinuing education in relevant areas of study. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Administrator 

8 $500,000 for each of the fiscal years 2018 and 2021 to 

9 carry out this section.’’. 

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

11 chapter 445 is amended by adding at the end the fol12 lowing: 

‘‘44518. Advanced Materials Center of Excellence.’’. 

13 SEC. 5006. INTERFERENCE WITH AIRLINE EMPLOYEES. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Comptroller General 

16 of the United States shall— 

17 (1) complete a study of crimes of violence (as 

18 defined in section 16 of title 18, United States 

19 Code) committed against airline customer service 

20 representatives while they are performing their du21 ties and on airport property; and 

22 (2) submit the findings of the study, including 

23 any recommendations, to the appropriate committees 

24 of Congress. 


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1 (b) GAP ANALYSIS.—The study shall include a gap 

2 analysis to determine if State and local laws and resources 

3 are adequate to deter or otherwise address the crimes of 

4 violence described in subsection (a) and recommendations 

5 on how to address any identified gaps. 

6 SEC. 5007. SECONDARY COCKPIT BARRIERS. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Saracini Aviation Safety Act of 2017’’. 

9 (b) REQUIREMENT.—Not later than 1 year after the 

10 date of the enactment of this Act, the Administrator of 

11 the Federal Aviation Administration shall issue an order 

12 requiring installation of a secondary cockpit barrier on 

13 each new aircraft that is manufactured for delivery to a 

14 passenger air carrier in the United States operating under 

15 the provisions of part 121 of title 14, Code of Federal 

16 Regulations. 

17 SEC. 5008. RESEARCH AND DEPLOYMENT OF CERTAIN AIR18 FIELD PAVEMENT TECHNOLOGIES. 

19 Using amounts made available under section 

20 48102(a) of title 49, United States Code, the Adminis21 trator of the Federal Aviation Administration shall carry 

22 out a program for the research and development of air23 craft pavement technologies under which the Adminis24 trator makes grants to, and enters into cooperative agreeVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 ments with, institutions of higher education and nonprofit 

2 organizations that— 

3 (1) research concrete and asphalt airfield pave4 ment technologies that extend the life of airfield 

5 pavements; 

6 (2) develop and conduct training; 

7 (3) provide for demonstration projects; and 

8 (4) promote the latest airfield pavement tech9 nologies to aid in the development of safer, more 

10 cost effective, and more durable airfield pavements. 

11 SEC. 5009. INCREASE IN DURATION OF GENERAL AVIATION 

12 AIRCRAFT REGISTRATION. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Administrator of the Federal Aviation Ad15 ministration shall initiate a rulemaking to increase the du16 ration of aircraft registrations for noncommercial general 

17 aviation aircraft to 5 years. 

18 SEC. 5010. MODIFICATION OF LIMITATION OF LIABILITY 

19 RELATING TO AIRCRAFT. 

20 Section 44112(b) is amended— 

21 (1) by striking ‘‘on land or water’’; and 

22 (2) by inserting ‘‘operational’’ before ‘‘control’’. 


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1 SEC. 5011. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

2 OF ILLEGAL DRUGS SEIZED AT INTER3 NATIONAL AIRPORTS IN THE UNITED STATES. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall conduct a study of illegal drugs, in6 cluding heroin, fentanyl, and cocaine, seized by Federal 

7 authorities at international airports in the United States. 

8 (b) ELEMENTS.—In conducting the study required by 

9 subsection (a), the Comptroller General shall address, at 

10 a minimum— 

11 (1) the types and quantities of drugs seized; 

12 (2) the origin of the drugs seized; 

13 (3) the airport at which the drugs were seized; 

14 (4) the manner in which the drugs were seized; 

15 and 

16 (5) the manner in which the drugs were trans17 ported. 

18 (c) USE OF DATA; RECOMMENDATIONS FOR ADDI19 TIONAL DATA COLLECTION.—In conducting the study re20 quired by subsection (a), the Comptroller General shall 

21 use all available data. If the Comptroller General deter22 mines that additional data is needed to fully understand 

23 the extent to which illegal drugs enter the United States 

24 through international airports in the United States, the 

25 Comptroller General shall develop recommendations for 

26 the collection of that data. 


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1 (d) SUBMISSION TO CONGRESS.—Not later than 180 

2 days after the date of enactment of this Act, the Comp3 troller General shall submit to the appropriate committees 

4 of Congress a report on the study conducted under sub5 section (a) that includes any recommendations developed 

6 under subsection (c). 

7 SEC. 5012. GOVERNMENT ACCOUNTABILITY OFFICE RE8 VIEW OF UNMANNED AIRCRAFT SYSTEMS. 

9 (a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall submit to the appropriate com12 mittees of Congress a report examining law enforcement 

13 challenges posed by the use of unmanned aircraft systems 

14 for illegal drug trafficking. 

15 (b) CONTENTS.—The report submitted under sub16 section (a) shall examine how unmanned aircraft systems 

17 are being used to transport illegal drugs across the inter18 national borders of the United States, including— 

19 (1) how international drug traffickers have used 

20 unmanned aircraft systems to fly packages of illegal 

21 drugs into the United States; 

22 (2) how international drug traffickers have used 

23 unmanned aircraft systems to survey international 

24 borders, providing intelligence to smugglers on 


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1 vulnerabilities in the border security efforts of the 

2 United States; and 

3 (3) other ways in which international drug traf4 fickers have used unmanned aircraft systems to as5 sist their efforts to smuggle illegal drugs into the 

6 United States. 

7 SEC. 5013. SENSE OF CONGRESS ON PREVENTING THE 

8 TRANSPORTATION OF DISEASE-CARRYING 

9 MOSQUITOES AND OTHER INSECTS ON COM10 MERCIAL AIRCRAFT. 

11 It is the sense of Congress that the Secretary of 

12 Transportation and the Secretary of Agriculture should, 

13 in coordination and consultation with the World Health 

14 Organization, develop a framework and guidance for the 

15 use of safe, effective, and nontoxic means of preventing 

16 the transportation of disease-carrying mosquitoes and 

17 other insects on commercial aircraft. 

18 SEC. 5014. TREATMENT OF MULTI-YEAR LESSEES OF LARGE 

19 AND TURBINE-POWERED MULTIENGINE AIR20 CRAFT. 

21 The Secretary of Transportation shall revise such 

22 regulations as may be necessary to ensure that multi-year 

23 lessees and owners of large and turbine-powered multien24 gine aircraft are treated equally for purposes of joint own25 ership policies of the Federal Aviation Administration. 


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1 SEC. 5015. STUDENT OUTREACH REPORT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Administrator of the Federal Aviation Ad4 ministration shall submit to the appropriate committees 

5 of Congress a report that describes the Administration’s 

6 existing outreach efforts, such as the STEM Aviation and 

7 Space Education Outreach Program, to elementary and 

8 secondary students who are interested in careers in 

9 science, technology, engineering, art, and mathematics— 

10 (1) to prepare and inspire such students for 

11 aeronautical careers; and 

12 (2) to mitigate an anticipated shortage of pilots 

13 and other aviation professionals. 

14 SEC. 5016. AUTHORIZATION OF CERTAIN FLIGHTS BY 

15 STAGE 2 AIRCRAFT. 

16 (a) IN GENERAL.—Notwithstanding chapter 475 of 

17 title 49, United States Code, not later than 180 days after 

18 the date of enactment of this Act, the Administrator of 

19 the Federal Aviation Administration shall initiate a pilot 

20 program to permit 1 or more operators of a stage 2 air21 craft to operate that aircraft in nonrevenue service into 

22 not more than 4 medium hub airports or nonhub airports 

23 if— 

24 (1) the airport— 

25 (A) is certified under part 139 of title 14, 

26 Code of Federal Regulations; 


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1 (B) has a runway that— 

2 (i) is longer than 8,000 feet and not 

3 less than 200 feet wide; and 

4 (ii) is load bearing with a pavement 

5 classification number of not less than 38; 

6 and 

7 (C) has a maintenance facility with a 

8 maintenance certificate issued under part 145 

9 of such title; and 

10 (2) the operator of the stage 2 aircraft operates 

11 not more than 10 flights per month using that air12 craft. 

13 (b) TERMINATION.—The pilot program shall termi14 nate on the earlier of— 

15 (1) the date that is 10 years after the date of 

16 the enactment of this Act; or 

17 (2) the date on which the Administrator deter18 mines that no stage 2 aircraft remain in service. 

19 (c) DEFINITIONS.—In this section: 

20 (1) MEDIUM HUB AIRPORT; NONHUB AIR21 PORT.—The terms ‘‘medium hub airport’’ and 

22 ‘‘nonhub airport’’ have the meanings given those 

23 terms in section 40102 of title 49, United States 

24 Code. 


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1 (2) STAGE 2 AIRCRAFT.—The term ‘‘stage 2 

2 aircraft’’ has the meaning given the term ‘‘stage 2 

3 airplane’’ in section 91.851 of title 14, Code of Fed4 eral Regulations (as in effect on the day before the 

5 date of the enactment of this Act). 

6 SEC. 5017. SUPERSONIC AIRCRAFT. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration shall— 

10 (1) review Federal law, including regulations 

11 and policies, regarding the operation of supersonic 

12 aircraft over land in the United States; and 

13 (2) submit to the appropriate committees of 

14 Congress a report on the findings under paragraph 

15 (1), that includes— 

16 (A) the identification and evaluation of any 

17 advancements in supersonic aircraft design, in18 cluding airframe and engine design, that would 

19 mitigate the concerns that led to restrictions on 

20 the operation of supersonic aircraft, such as 

21 noise, and support amending the laws under 

22 paragraph (1); and 

23 (B) recommendations regarding the laws 

24 under paragraph (1) that would need to be 


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1 amended to allow the operation of supersonic 

2 aircraft over land in the United States. 

3 SEC. 5018. TERMINAL AERODROME FORECAST. 

4 (a) TERMINAL AERODROME FORECAST.—The Ad5 ministrator of the Federal Aviation Administration shall 

6 permit a covered air carrier operation to operate to a des7 tination in a noncontiguous State determined to be under 

8 visual flight rules without a Terminal Aerodrome Forecast 

9 (referred to in this section as ‘‘TAF’’) or Meteorological 

10 Aerodrome Report (METAR) if a current Area Forecast, 

11 supplemented by other local weather observations or re12 ports, is available, and an alternate airport that has an 

13 available TAF and weather report is specified. The air car14 rier shall have approved procedures for dispatch and 

15 enroute weather evaluation and shall operate under instru16 ment flight rules enroute to the destination. 

17 (b) LIMITATION.—Without a written finding of neces18 sity, based on objective evidence of imminent threat to 

19 safety, the Administrator shall not promulgate any oper20 ation specification, policy, or guidance document that is 

21 more restrictive than, or requires procedures that are not 

22 expressly stated in, the regulations. 

23 (c) COVERED AIR CARRIER OPERATION.—In this 

24 section, the term ‘‘covered air carrier operation’’ means 

25 a Part 121 air carrier operating in a noncontiguous State. 


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1 SEC. 5019. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) AIRPORT CAPACITY ENHANCEMENT PROJECTS

3 AT CONGESTED AIRPORTS.—Section 40104(c) is amended 

4 by striking ‘‘47176’’ and inserting ‘‘47175’’. 

5 (b) CONSULTATION ON CARRIER RESPONSE NOT

6 COVERED BY PLAN.—Section 41313(c)(16), as amended 

7 by section 3103 of this Act, is further amended by striking 

8 ‘‘the foreign air carrier will consult’’ and inserting ‘‘will 

9 consult’’. 

10 (c) WEIGHING MAIL.—Section 41907 is amended by 

11 striking ‘‘and –administrative’’ and inserting ‘‘and admin12 istrative’’. 

13 (d) FLIGHT ATTENDANT CERTIFICATION.—Section 

14 44728 is amended— 

15 (1) in subsection (c), by striking ‘‘chapter’’ and 

16 inserting ‘‘title’’; and 

17 (2) in subsection (d)(3), by striking ‘‘is’’ and 

18 inserting ‘‘be’’. 

19 (e) SCHEDULE OF FEES.—Section 45301(a)(1) is 

20 amended by striking ‘‘United States government’’ and in21 serting ‘‘United States Government’’. 

22 (f) CLASSIFIED EVIDENCE.—Section 46111(g)(2)(A) 

23 is amended by striking ‘‘(18 U.S.C. App.)’’ and inserting 

24 ‘‘(18 U.S.C. App.))’’. 

25 (g) ALLOWABLE COST STANDARDS.—Section 

26 47110(b)(2) is amended— 


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1 (1) in subparagraph (B), by striking 

2 ‘‘compatability’’ and inserting ‘‘compatibility’’; and 

3 (2) in subparagraph (D)(i), by striking ‘‘cli4 mactic’’ and inserting ‘‘climatic’’. 

5 (h) DEFINITION OF QUALIFIED HUBZONE SMALL

6 BUSINESS CONCERN.—Section 47113(a)(3) is amended 

7 by striking ‘‘(15 U.S.C. 632(o))’’ and inserting ‘‘(15 

8 U.S.C. 632(p))’’. 

9 (i) DISCRETIONARY FUND.—Section 47115, as 

10 amended by section 1006 of this Act, is further amend11 ed— 

12 (1) by striking subsection (i); and 

13 (2) by redesignating subsection (j) as sub14 section (i). 

15 (j) SPECIAL APPORTIONMENT CATEGORIES.—Section 

16 47117(e)(1)(B) is amended by striking ‘‘at least’’ and in17 serting ‘‘At least’’. 

18 (k) SOLICITATION AND CONSIDERATION OF COM19 MENTS.—Section 47171(l) is amended by striking ‘‘4371’’ 

20 and inserting ‘‘4321’’. 

21 (l) OPERATIONS AND MAINTENANCE.—Section 

22 48104 is amended by striking ‘‘(a) AUTHORIZATION OF

23 APPROPRIATIONS.—the’’ and inserting ‘‘The’’. 

24 (m) EXPENDITURES FROM AIRPORT AND AIRWAY

25 TRUST FUND.—Section 9502(d)(2) of the Internal RevVerDate Sep 11 2014 00:29 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.IS S1405

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1 enue Code of 1986 is amended by striking ‘‘farms’’ and 

2 inserting ‘‘farms)’’. 

Æ 


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