II 

Calendar No. 407 

115TH CONGRESS 

2D SESSION S. 1405 

[Report No. 115–243] 

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 

MAY 9, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Federal Aviation Administration Reauthorization Act of 

4 2017’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

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. 


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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 

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. 


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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

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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1 SEC. 4. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

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

4 date of enactment of this Act. 

5 TITLE I—AUTHORIZATIONS 

6 Subtitle A—Funding of FAA 

7 Programs 

8 SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND 

9 NOISE COMPATIBILITY PLANNING AND PRO10 GRAMS. 

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

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

13 compatibility programs under section 47504(c) 

14 $3,350,000,000 for each of fiscal years 2012 through 

15 2017’’ and inserting ‘‘section 47505(a)(2), carrying out 

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

17 airport cooperative research program under section 44511, 

18 Airports Technology-Safety research, and Airports Tech19 nology-Efficiency research $3,350,000,000 for fiscal year 

20 2018 and $3,750,000,000 for each of fiscal years 2019 

21 through 2021.’’. 

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

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

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

25 30, 2021’’. 


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1 SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

2 Section 48101(a) is amended by striking paragraphs 

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

4 ‘‘(1) $2,877,365,122 for fiscal year 2018. 

5 ‘‘(2) $2,889,379,240 for fiscal year 2019. 

6 ‘‘(3) $2,906,007,932 for fiscal year 2020. 

7 ‘‘(4) $2,921,493,286 for fiscal year 2021.’’. 

8 SEC. 1003. FAA OPERATIONS. 

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

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

11 following: 

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

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

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

15 and 

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

17 2021.’’. 

18 (b) AUTHORIZED EXPENDITURES.—Section 

19 106(k)(2) is amended by striking ‘‘for fiscal years 2012 

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

21 fiscal years 2018 through 2021’’. 

22 (c) AUTHORITY TO TRANSFER FUNDS.—Section 

23 106(k)(3) is amended by striking ‘‘2012 through 2017’’ 

24 and inserting ‘‘2018 through 2021’’. 

25 SEC. 1004. FAA RESEARCH AND DEVELOPMENT. 

26 Section 48102 is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph 

3 (1)— 

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

5 inserting ‘‘44512–44513’’; and 

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

7 years 2012 through 2015, under sub8 section (g)’’; and 

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

10 and inserting the following: 

11 ‘‘(1) $175,000,000 for fiscal year 2018. 

12 ‘‘(2) $175,000,000 for fiscal year 2019. 

13 ‘‘(3) $175,000,000 for fiscal year 2020. 

14 ‘‘(4) $175,000,000 for fiscal year 2021.’’; and 

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

16 SEC. 1005. FUNDING FOR AVIATION PROGRAMS. 

17 (a) AIRPORT AND AIRWAY TRUST FUND GUAR18 ANTEE.—Section 48114(a)(1)(A) is amended to read as 

19 follows: 

20 ‘‘(A) IN GENERAL.—The total budget re21 sources made available from the Airport and 

22 Airway Trust Fund each fiscal year under sec23 tions 48101, 48102, 48103, and 106(k)— 

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

25 through 2021, be equal to— 


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1 ‘‘(I) the sum of— 

2 ‘‘(aa) 90 percent of the esti3 mated level of receipts plus inter4 est credited to the Airport and 

5 Airway Trust Fund for that fis6 cal year; and 

7 ‘‘(bb) the actual level of re8 ceipts plus interest credited to 

9 the Airport and Airway Trust 

10 Fund for the second preceding 

11 fiscal year minus the total 

12 amount made available for obli13 gation from the Airport and Air14 way Trust Fund for the second 

15 preceding fiscal year; and 

16 ‘‘(II) less the amount calculated 

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

18 preceding year; and 

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

20 investment programs listed in subsection 

21 (b)(1).’’. 

22 (b) ENFORCEMENT OF GUARANTEES.—Section 

23 48114(c)(2) is amended by striking ‘‘2017’’ and inserting 

24 ‘‘2021’’. 


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1 SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES. 

2 (a) MARSHALL ISLANDS, MICRONESIA, AND

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

4 and inserting ‘‘2021’’. 

5 (b) EXTENSION OF COMPATIBLE LAND USE PLAN6 NING AND PROJECTS BY STATE AND LOCAL GOVERN7 MENTS.—Section 47141(f) is amended by striking ‘‘Sep8 tember 30, 2017’’ and inserting ‘‘September 30, 2021’’. 

9 (c) EXTENSION OF PILOT PROGRAM FOR REDEVEL10 OPMENT OF AIRPORT PROPERTIES.—Section 822(k) of 

11 the FAA Modernization and Reform Act of 2012 (49 

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

13 30, 2017’’ and inserting ‘‘September 30, 2021’’. 

14 Subtitle B—Airport Improvement 

15 Program Modifications 

16 SEC. 1201. SMALL AIRPORT REGULATION RELIEF. 

17 Section 47114(c)(1) is amended by striking subpara18 graph (F) and inserting the following: 

19 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS

20 2017 THROUGH 2021.—Notwithstanding sub21 paragraph (A) and subject to subparagraph 

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

23 of an airport under that subparagraph for each 

24 of fiscal years 2017 through 2021 an amount 

25 based on the number of passenger boardings at 


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1 the airport during calendar year 2012 if the 

2 airport— 

3 ‘‘(i) had 10,000 or more passenger 

4 boardings during calendar year 2012; 

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

6 boardings during the calendar year used to 

7 calculate the apportionment for fiscal year 

8 2017, 2018, 2019, 2020, or 2021, as ap9 plicable, under subparagraph (A); and 

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

11 point in the calendar year used to calculate 

12 the apportionment. 

13 ‘‘(G) LIMITATIONS AND WAIVERS.—The 

14 authority to make apportionments in the man15 ner prescribed in subparagraph (F) may be uti16 lized no more than 3 years in a row. The Sec17 retary may waive this limitation if the Secretary 

18 determines that an airport’s enplanements are 

19 substantially close to 10,000 enplanements and 

20 the airport sponsor or affected communities are 

21 taking reasonable steps to restore enplanements 

22 above 10,000. 

23 ‘‘(H) MINIMUM APPORTIONMENT FOR

24 COMMERCIAL SERVICE AIRPORTS WITH MORE

25 THAN 8,000 PASSENGER BOARDINGS IN A CALVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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1 ENDAR YEAR.—Not less than $600,000 may be 

2 apportioned under subparagraph (A) for each 

3 fiscal year to each sponsor of a commercial 

4 service airport that had fewer than 10,000 pas5 senger boardings, but at least 8,000 passenger 

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

7 SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION 

8 PROJECTS IN COLD WEATHER STATES. 

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

10 Aviation Administration, to the extent practicable, shall 

11 schedule the Administrator’s review of construction 

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

13 in which the weather during a typical calendar year pre14 vents major construction projects from being carried out 

15 before May 1 are reviewed as early as possible. 

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

17 appropriate committees of Congress annually on the effec18 tiveness of the review and prioritization. 

19 SEC. 1203. STATE BLOCK GRANTS UPDATES. 

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

21 States for fiscal years 2000 and 2001 and 10 qualified 

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

23 qualified States for fiscal year 2018 and each fiscal year 

24 thereafter’’. 


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1 SEC. 1204. CONTRACT TOWER PROGRAM UPDATES. 

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

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

4 and inserting ‘‘after the end of the period described in sub5 section (d)(6)(C)’’. 

6 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST7 SHARE PROGRAM; FUNDING.—Section 47124(b)(3)(E) is 

8 amended to read as follows: 

9 ‘‘(E) FUNDING.—Of the amounts appro10 priated under section 106(k)(1), such sums as 

11 may be necessary may be used to carry out this 

12 paragraph.’’. 

13 (c) CAP ON FEDERAL SHARE OF COST OF CON14 STRUCTION.—Section 47124(b)(4)(C) is amended by 

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

16 (d) COST BENEFIT RATIO REVISION.—Section 

17 47124 is amended by adding at the end the following: 

18 ‘‘(d) COST BENEFIT RATIOS.— 

19 ‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER

20 PROGRAM AT COST-SHARE AIRPORTS.—Beginning on 

21 the date of enactment of the Federal Aviation Ad22 ministration Reauthorization Act of 2017, if an air 

23 traffic control tower is operating under the Cost24 share Program, the Secretary shall annually cal25 culate a new benefit-to-cost ratio for the tower. 


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1 ‘‘(2) CONTRACT TOWER PROGRAM AT NON2 COST-SHARE AIRPORTS.—Beginning on the date of 

3 enactment of the Federal Aviation Administration 

4 Reauthorization Act of 2017, if a tower is operating 

5 under the Contract Tower Program and continued 

6 under subsection (b)(1), the Secretary shall not cal7 culate a new benefit-to-cost ratio for the tower un8 less the annual aircraft traffic at the airport where 

9 the tower is located decreases by more than 25 per10 cent from the previous year or by more than 60 per11 cent over a 3-year period. 

12 ‘‘(3) CONSIDERATIONS.—In establishing a ben13 efit-to-cost ratio under paragraph (1) or paragraph 

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

15 costs: 

16 ‘‘(A) The Federal Aviation Administra17 tion’s actual cost of wages and benefits of per18 sonnel working at the tower. 

19 ‘‘(B) The Federal Aviation Administra20 tion’s actual telecommunications costs of the 

21 tower. 

22 ‘‘(C) Relocation and replacement costs of 

23 equipment of the Federal Aviation Administra24 tion associated with the tower, if paid for by 

25 the Federal Aviation Administration. 


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1 ‘‘(D) Logistics, such as direct costs associ2 ated with establishing or updating the tower’s 

3 interface with other systems and equipment of 

4 the Federal Aviation Administration, if paid for 

5 by the Federal Aviation Administration. 

6 ‘‘(4) EXCLUSIONS.—In establishing a benefit7 to-cost ratio under paragraph (1) or paragraph (2), 

8 the Secretary may not consider the following costs: 

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

10 and other costs associated with maintaining and 

11 repairing the systems and equipment of the 

12 Federal Aviation Administration. 

13 ‘‘(B) Costs for depreciating the building 

14 and equipment owned by the Federal Aviation 

15 Administration. 

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

17 Aviation Administration. 

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

19 other services paid for or provided by the air20 port or the State or political subdivision of a 

21 State having jurisdiction over the airport where 

22 the tower is located. 

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

24 equipment, or construction of a new or replace25 ment tower, if the costs incurred were incurred 


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1 by the airport or the State or political subdivi2 sion of a State having jurisdiction over the air3 port where the tower is or will be located. 

4 ‘‘(F) Other expenses of the Federal Avia5 tion Administration not directly associated with 

6 the actual operation of the tower. 

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

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

9 ratio determination to acknowledge and account for 

10 any direct or indirect factors that are not included 

11 in the criteria the Secretary used in calculating the 

12 benefit-to-cost ratio. 

13 ‘‘(6) PROCEDURES.—The Secretary shall estab14 lish procedures— 

15 ‘‘(A) to allow an airport or the State or po16 litical subdivision of a State having jurisdiction 

17 over the airport where the tower is located not 

18 less than 90 days following the receipt of an 

19 initial benefit-to-cost ratio determination from 

20 the Secretary— 

21 ‘‘(i) to request the Secretary recon22 sider that determination; and 

23 ‘‘(ii) to submit updated or additional 

24 data to the Secretary in support of the re25 consideration; 


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

2 90 days to review the data submitted under 

3 subparagraph (A)(ii) and respond to the re4 quest under subparagraph (A)(i); 

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

6 subdivision of a State, as applicable, 30 days 

7 following the date of the response under sub8 paragraph (B) to review the response before 

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

10 determination; and 

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

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

13 grace period before cost-share payments are due 

14 from the airport, State, or political subdivision 

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

16 ratio determination the airport, State, or polit17 ical subdivision, as applicable, is required to 

18 transition to the Cost-share Program. 

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

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

21 ‘Contract Tower Program’ means the level I air traf22 fic control tower contract program established under 

23 subsection (a) and continued under subsection 

24 (b)(1). 


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1 ‘‘(2) COST-SHARE PROGRAM.—The term ‘Cost2 share Program’ means the cost-share program estab3 lished under subsection (b)(3).’’. 

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

5 is amended— 

6 (1) in paragraph (1)(C), by striking ‘‘the pro7 gram established under paragraph (3)’’ and insert8 ing ‘‘the Cost-share Program’’; 

9 (2) in paragraph (3)— 

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

11 AIR TRAFFIC CONTROL TOWER PROGRAM’’ and 

12 inserting ‘‘COST-SHARE PROGRAM’’; 

13 (B) in subparagraph (A), by striking ‘‘con14 tract tower program established under sub15 section (a) and continued under paragraph (1) 

16 (in this paragraph referred to as the ‘Contract 

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

18 Tower Program’’; 

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

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

21 carrying out the Cost-share Program’’; 

22 (D) in subparagraph (C), by striking ‘‘par23 ticipate in the program’’ and inserting ‘‘partici24 pate in the Cost-share Program’’; 


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

2 ‘‘under the program’’ and inserting ‘‘under the 

3 Cost-share Program’’; and 

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

5 program continued under paragraph (1)’’ and 

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

7 (3) in paragraph (4)(B)(i)(I), by striking ‘‘con8 tract tower program established under subsection (a) 

9 and continued under paragraph (1) or the pilot pro10 gram established under paragraph (3)’’ and insert11 ing ‘‘Contract Tower Program or the Cost-share 

12 Program’’. 

13 (f) EXEMPTION.—Section 47124(b)(3)(D) is amend14 ed by adding at the end the following: ‘‘Airports with both 

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

16 enplanements in calendar year 2014 shall be exempt from 

17 any cost share requirement under the Cost-share Pro18 gram.’’. 

19 (g) SAVINGS PROVISION.—Notwithstanding the 

20 amendments made by this section, the towers for which 

21 assistance is being provided under section 41724 of title 

22 49, United States Code, on the day before the date of en23 actment of this Act may continue to be provided such as24 sistance under the terms of that section as in effect on 

25 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 

26 may distribute not more than $2,000,000 per sponVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 

24 by regulation for, or approve as contribVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 

24 that the project is a successive phase of a multiVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 

24 shall use a risk-based approach to determine if certain un25 manned aircraft systems may operate safely in the naVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 

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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 

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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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 

24 to make information related to the location of heliVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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, 

24 and the rate, per 100,000 flight hours, of acci25 dents and fatal accidents experienced by operaVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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, 

24 the Administrator shall submit to the appropriate commitVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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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 

24 budgetary considerations, to provide an airport idenVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS S1405

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1 tified under paragraph (1), if appropriate, with ap2 proach control radar. 

3 SEC. 2504. AIRSPACE MANAGEMENT ADVISORY COM4 MITTEE. 

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 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6401 E:\BILLS\S1405.RS 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 

12 deliverables and investments by both the users and 

13 the Administration, including for procedure and air14 space design, infrastructure deployment, and train15 ing. 

16 SEC. 4114. WORKFORCE. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator shall— 

19 (1) identify and assess barriers to attracting, 

20 developing, training, and retaining a talented work21 force in the areas of systems engineering, architec22 ture, systems integration, digital communications, 

23 and cybersecurity; 


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1 (2) develop a comprehensive plan to attract, de2 velop, train, and retain talented individuals in those 

3 fields; and 

4 (3) identify existing authorities available to the 

5 Administrator, through personnel reform, to attract, 

6 develop, and retain this talent. 

7 (b) REPORT.—The Administrator shall submit to the 

8 appropriate committees of Congress a report on the 

9 progress made toward implementing the requirements 

10 under subsection (a). 

11 SEC. 4115. PROGRAMMATIC RISK MANAGEMENT. 

12 (a) IN GENERAL.—To better inform the Administra13 tion’s decisions regarding the prioritization of efforts and 

14 allocation of resources for NextGen, the Administrator 

15 shall— 

16 (1) solicit input from specialists in probability 

17 and statistics to identify and prioritize the pro18 grammatic and implementation risks to NextGen; 

19 and 

20 (2) develop a method to manage and mitigate 

21 the risks identified in paragraph (1). 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, the Administrator shall submit 

24 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. 4116. PROGRAM MANAGEMENT. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Administrator, in collaboration with the 

6 NextGen Advisory Committee and the National Academies 

7 of Sciences, Engineering, and Medicine, shall— 

8 (1) identify industry best practices regarding 

9 highly integrated program management; 

10 (2) determine whether, and identify how, the 

11 Administration is applying the best practices identi12 fied in paragraph (1) in the management of 

13 NextGen; 

14 (3) identify, in detail, the lessons learned re15 garding the complex integration of NextGen pro16 grams into the national airspace system; 

17 (4) identify and assess the key risks for the full 

18 implementation of— 

19 (A) multiple runway operations; 

20 (B) performance based navigation; 

21 (C) surface operations and data sharing; 

22 and 

23 (D) data communications; and 

24 (5) develop a detailed plan to mitigate the risks 

25 identified under paragraph (4); and 


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1 (6) submit to the appropriate committees of 

2 Congress a report on the activities under paragraphs 

3 (1) through (5), including the plan. 

4 SEC. 4117. SYSTEM-WIDE IMPROVEMENTS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator shall sub7 mit to the appropriate committees of Congress a report 

8 identifying any improvements and benefits to the national 

9 airspace system, as a whole, as a result of— 

10 (1) multiple runway operations; 

11 (2) performance based navigation; 

12 (3) surface operations and data sharing; and 

13 (4) data communications. 

14 (b) CONSIDERATIONS.—In identifying improvements 

15 and benefits under subsection (a) as a result of the 

16 NextGen programs listed under subparagraphs (A) 

17 through (D) of that subsection, the Administrator shall 

18 consider, at a minimum— 

19 (1) reduced overall delays in the national air20 space system; 

21 (2) increased overall throughput in the national 

22 airspace system; 

23 (3) decreased overall emissions and fuel con24 sumption in the national airspace system; and 


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1 (4) improved safety in the national airspace 

2 system. 

3 SEC. 4118. NEXTGEN RESEARCH. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Administrator shall submit to the appro6 priate committees of Congress a report specifying the top 

7 5 priority research areas for the implementation and ad8 vancement of NextGen, including— 

9 (1) an assessment of why the research areas are 

10 a priority for the implementation and advancement 

11 of NextGen; 

12 (2) an identification of the other Federal agen13 cies and private organizations assisting the Adminis14 tration with the research; and 

15 (3) an estimate of when the research will be 

16 completed. 

17 Subtitle B—Administration 

18 Organization and Employees 

19 SEC. 4201. COST-SAVING INITIATIVES. 

20 (a) IN GENERAL.—To ensure that Administration 

21 initiatives are being implemented in a timely and fiscally 

22 responsible manner, the Administrator shall— 

23 (1) identify and implement agencywide cost-sav24 ing initiatives; and 


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1 (2) develop appropriate schedules and metrics 

2 to measure whether the initiatives are successful in 

3 reducing costs. 

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. 4202. FEDERAL AVIATION ADMINISTRATION PER10 FORMANCE MEASURES AND TARGETS. 

11 (a) PERFORMANCE MEASURES.—Not later than 180 

12 days after the date of enactment of this Act, the Secretary 

13 of Transportation shall establish performance measures 

14 relating to the administration of the Administration, 

15 which shall, at a minimum, include measures to assess— 

16 (1) the reduction of delays in the completion of 

17 projects; and 

18 (2) the effectiveness of the Administration in 

19 achieving the goals described in section 47171 of 

20 title 49, United States Code. 

21 (b) PERFORMANCE TARGETS.—Not later than 180 

22 days after the date on which the Secretary establishes per23 formance measures in accordance with subsection (a), the 

24 Secretary shall establish performance targets relating to 

25 each of the measures described in that subsection. 


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1 (c) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Inspector General of the De3 partment of Transportation shall submit to the appro4 priate committees of Congress a report describing the 

5 progress of the Secretary in meeting the performance tar6 gets established under subsection (b). 

7 SEC. 4203. TREATMENT OF ESSENTIAL EMPLOYEES DURING 

8 FURLOUGHS. 

9 (a) DEFINITION OF ESSENTIAL EMPLOYEE.—In this 

10 section, the term ‘‘essential employee’’ means an employee 

11 of the Administration who performs work involving the 

12 safety of human life or the protection of property, as de13 termined by the Administrator. 

14 (b) IN GENERAL.—In implementing spending reduc15 tions under Federal law, the Administrator may furlough 

16 1 or more employees of the Administration, except an es17 sential employee, if the Administrator determines the fur18 lough is necessary to achieve the required spending reduc19 tions. 

20 (c) TRANSFER OF BUDGETARY RESOURCES.—The 

21 Administrator may transfer budgetary resources within 

22 the Administration to carry out subsection (b), except that 

23 the transfer may only be made to maintain essential em24 ployees. 


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1 SEC. 4204. CONTROLLER CANDIDATE INTERVIEWS. 

2 (a) IN GENERAL.—Not later than 60 days after the 

3 date of enactment of this Act, the Administrator shall re4 quire that an in-person interview be conducted with each 

5 individual applying for an air traffic control specialist po6 sition before that individual may be hired to fill that posi7 tion. 

8 (b) GUIDANCE.—Not later than 30 days after the 

9 date of enactment of this Act, the Administrator shall es10 tablish guidelines regarding the in-person interview proc11 ess described in subsection (a). 

12 SEC. 4205. REPORT ON PLANS FOR AIR TRAFFIC CONTROL 

13 FACILITIES IN THE NEW YORK CITY AND 

14 NEWARK REGION. 

15 Not later than 90 days after the date of enactment 

16 of this Act, the Administrator shall submit to the appro17 priate committees of Congress a report on the Administra18 tion’s staffing and scheduling plans for air traffic control 

19 facilities in the New York City and Newark region for the 

20 1-year period beginning on such date of enactment. 

21 SEC. 4206. WORK PLAN FOR THE NEW YORK/NEW JERSEY/ 

22 PHILADELPHIA METROPOLITAN AREA AIR23 SPACE PROJECT. 

24 Not later than 90 days after the date of enactment 

25 of this Act, the Administrator shall develop and publish 

26 in the Federal Register a work plan for the New York/ 


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1 New Jersey/Philadelphia Metropolitan Area Airspace 

2 Project. 

3 SEC. 4207. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 

4 (a) REQUIREMENT TO PROVIDE SERVICES AND RE5 LATED SUPPORT.—The Administrator shall provide air 

6 traffic services and aviation safety support for aviation 

7 events, including airshows and fly-ins, without the imposi8 tion or collection of any fee, tax, or other charge for that 

9 purpose. Amounts for the provision of such services and 

10 support shall be derived from amounts appropriated or 

11 otherwise available for the Administration. 

12 (b) DETERMINATION OF SERVICES AND SUPPORT TO

13 BE PROVIDED.—In determining the services and support 

14 to be provided for an aviation event for purposes of sub15 section (a), the Administrator shall take into account the 

16 following: 

17 (1) The services and support required to meet 

18 levels of activity at prior events, if any, similar to 

19 the event. 

20 (2) The anticipated need for services and sup21 port at the event. 


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1 SEC. 4208. ANNUAL REPORT ON INCLUSION OF DISABLED 

2 VETERAN LEAVE IN PERSONNEL MANAGE3 MENT SYSTEM. 

4 Not later than 1 year after the date of enactment 

5 of this Act, and not less frequently than annually there6 after until the date that is 5 years after the date of enact7 ment of this Act, the Administrator shall publish on a pub8 licly accessible Internet Web site a report on— 

9 (1) the effect of section 40122(g)(4) of title 49, 

10 United States Code, on the Administration’s work11 force; and 

12 (2) the number of disabled veterans benefitting 

13 from that section. 

14 TITLE V—MISCELLANEOUS 

15 SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD IN16 VESTIGATIVE OFFICERS. 

17 Section 1113 is amended by striking subsection (h). 

18 SEC. 5002. OVERFLIGHTS OF NATIONAL PARKS. 

19 Section 40128 is amended— 

20 (1) in subsection (a)(3), by striking ‘‘the’’ be21 fore ‘‘title 14’’; and 

22 (2) by amending subsection (f) to read as fol23 lows: 

24 ‘‘(f) TRANSPORTATION ROUTES.— 

25 ‘‘(1) IN GENERAL.—This section shall not apply 

26 to any air tour operator while flying over or near 


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1 any Federal land managed by the Director of the 

2 National Park Service, including Lake Mead Na3 tional Recreation Area, solely as a transportation 

4 route, to conduct an air tour over the Grand Canyon 

5 National Park. 

6 ‘‘(2) EN ROUTE.—For purposes of this sub7 section, an air tour operator flying over the Hoover 

8 Dam in the Lake Mead National Recreation Area en 

9 route to the Grand Canyon National Park shall be 

10 deemed to be flying solely as a transportation 

11 route.’’. 

12 SEC. 5003. AERONAUTICAL STUDIES FOR COMMERCIAL 

13 SPACE LAUNCH SITE RUNWAYS. 

14 (a) IN GENERAL.—Section 44718(b)(1) is amended– 

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

16 by striking ‘‘air navigation facilities and equipment’’ 

17 and inserting ‘‘air or space navigation facilities and 

18 equipment’’; and 

19 (2) in subparagraph (A)— 

20 (A) by redesignating clauses (v) and (vi) as 

21 clauses (vi) and (vii), respectively; and 

22 (B) by inserting after clause (iv) the fol23 lowing: 

24 ‘‘(v) the impact on launch and reentry 

25 for launch and reentry vehicles arriving or 


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1 departing from a launch site or reentry 

2 site licensed by the Secretary.’’. 

3 (b) RULEMAKING.—Not later than 18 months after 

4 the date of enactment of this Act, the Administrator of 

5 the Federal Aviation Administration shall initiate a rule6 making to implement the amendments made by subsection 

7 (a). 

8 SEC. 5004. COMPREHENSIVE AVIATION PREPAREDNESS 

9 PLAN. 

10 (a) IN GENERAL.—No later than 1 year after the 

11 date of enactment of this Act, the Secretary of Transpor12 tation and the Secretary of Health and Human Services, 

13 in coordination with the Secretary of Homeland Security, 

14 the Secretary of Labor, the Secretary of State, the Sec15 retary of Defense, and representatives of other Federal de16 partments and agencies, as necessary, shall develop a com17 prehensive national aviation communicable disease pre18 paredness plan. 

19 (b) MINIMUM COMPONENTS.—The plan developed 

20 under subsection (a) shall— 

21 (1) be developed in consultation with other rel22 evant stakeholders, including State, local, tribal, and 

23 territorial governments, air carriers, first respond24 ers, and the general public; 


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1 (2) provide for the development of a commu2 nications system or protocols for providing com3 prehensive, appropriate, and up-to-date information 

4 regarding communicable disease threats and pre5 paredness between all relevant stakeholders; 

6 (3) document the roles and responsibilities of 

7 relevant Federal department and agencies, including 

8 coordination requirements; 

9 (4) provide guidance to air carriers, airports, 

10 and other appropriate aviation stakeholders on how 

11 to develop comprehensive communicable disease pre12 paredness plans for their respective organizations, in 

13 accordance with the plan to be developed under sub14 section (a); 

15 (5) be scalable and adaptable so that the plan 

16 can be used to address the full range of commu17 nicable disease threats and incidents; 

18 (6) provide information on communicable 

19 threats and response training resources for all rel20 evant stakeholders, including Federal, State, local, 

21 tribal, and territorial government employees, airport 

22 officials, aviation industry employees and contrac23 tors, first responders, and health officials; 

24 (7) develop protocols for the dissemination of 

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1 tion to the traveling public concerning communicable 

2 disease threats and preparedness; 

3 (8) be updated periodically to incorporate les4 sons learned with supplemental information; and 

5 (9) be provided to relevant government agencies 

6 and stakeholders in writing, and electronically, and 

7 accessible via the Internet. 

8 (c) INTERAGENCY FRAMEWORK.—The plan devel9 oped under subsection (a) shall— 

10 (1) be conducted under the existing interagency 

11 framework for national level all hazards emergency 

12 preparedness planning or another appropriate frame13 work; and 

14 (2) be consistent with the obligations of the 

15 United States under international agreements. 

16 SEC. 5005. ADVANCED MATERIALS CENTER OF EXCEL17 LENCE. 

18 (a) IN GENERAL.—Chapter 445 is amended by add19 ing at the end the following: 

20 ‘‘§ 44518. Advanced Materials Center of Excellence 

21 ‘‘(a) IN GENERAL.—The Administrator of the Fed22 eral Aviation Administration shall continue operation of 

23 the Advanced Materials Center of Excellence (referred to 

24 in this section as the ‘Center’) under its structure as in 

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1 search and training on the durability and maintainability 

2 of advanced materials in transport airframe structures. 

3 ‘‘(b) RESPONSIBILITIES.—The Center shall— 

4 ‘‘(1) promote and facilitate collaboration among 

5 academia, the Transportation Division of the Fed6 eral Aviation Administration, and the commercial 

7 aircraft industry, including manufacturers, commer8 cial air carriers, and suppliers; and 

9 ‘‘(2) establish goals set to advance technology, 

10 improve engineering practices, and facilitate con11 tinuing education in relevant areas of study. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Administrator 

14 $500,000 for each of the fiscal years 2018 and 2021 to 

15 carry out this section.’’. 

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

17 chapter 445 is amended by adding at the end the fol18 lowing: 

‘‘44518. Advanced Materials Center of Excellence.’’. 

19 SEC. 5006. INTERFERENCE WITH AIRLINE EMPLOYEES. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this Act, the Comptroller General 

22 of the United States shall— 

23 (1) complete a study of crimes of violence (as 

24 defined in section 16 of title 18, United States 

25 Code) committed against airline customer service 


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1 representatives while they are performing their du2 ties and on airport property; and 

3 (2) submit the findings of the study, including 

4 any recommendations, to the appropriate committees 

5 of Congress. 

6 (b) GAP ANALYSIS.—The study shall include a gap 

7 analysis to determine if State and local laws and resources 

8 are adequate to deter or otherwise address the crimes of 

9 violence described in subsection (a) and recommendations 

10 on how to address any identified gaps. 

11 SEC. 5007. SECONDARY COCKPIT BARRIERS. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Saracini Aviation Safety Act of 2017’’. 

14 (b) REQUIREMENT.—Not later than 1 year after the 

15 date of the enactment of this Act, the Administrator of 

16 the Federal Aviation Administration shall issue an order 

17 requiring installation of a secondary cockpit barrier on 

18 each new aircraft that is manufactured for delivery to a 

19 passenger air carrier in the United States operating under 

20 the provisions of part 121 of title 14, Code of Federal 

21 Regulations. 

22 SEC. 5008. RESEARCH AND DEPLOYMENT OF CERTAIN AIR23 FIELD PAVEMENT TECHNOLOGIES. 

24 Using amounts made available under section 

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1 trator of the Federal Aviation Administration shall carry 

2 out a program for the research and development of air3 craft pavement technologies under which the Adminis4 trator makes grants to, and enters into cooperative agree5 ments with, institutions of higher education and nonprofit 

6 organizations that— 

7 (1) research concrete and asphalt airfield pave8 ment technologies that extend the life of airfield 

9 pavements; 

10 (2) develop and conduct training; 

11 (3) provide for demonstration projects; and 

12 (4) promote the latest airfield pavement tech13 nologies to aid in the development of safer, more 

14 cost effective, and more durable airfield pavements. 

15 SEC. 5009. INCREASE IN DURATION OF GENERAL AVIATION 

16 AIRCRAFT REGISTRATION. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Administrator of the Federal Aviation Ad19 ministration shall initiate a rulemaking to increase the du20 ration of aircraft registrations for noncommercial general 

21 aviation aircraft to 5 years. 

22 SEC. 5010. MODIFICATION OF LIMITATION OF LIABILITY 

23 RELATING TO AIRCRAFT. 

24 Section 44112(b) is amended— 

25 (1) by striking ‘‘on land or water’’; and 


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1 (2) by inserting ‘‘operational’’ before ‘‘control’’. 

2 SEC. 5011. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

3 OF ILLEGAL DRUGS SEIZED AT INTER4 NATIONAL AIRPORTS IN THE UNITED STATES. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a study of illegal drugs, in7 cluding heroin, fentanyl, and cocaine, seized by Federal 

8 authorities at international airports in the United States. 

9 (b) ELEMENTS.—In conducting the study required by 

10 subsection (a), the Comptroller General shall address, at 

11 a minimum— 

12 (1) the types and quantities of drugs seized; 

13 (2) the origin of the drugs seized; 

14 (3) the airport at which the drugs were seized; 

15 (4) the manner in which the drugs were seized; 

16 and 

17 (5) the manner in which the drugs were trans18 ported. 

19 (c) USE OF DATA; RECOMMENDATIONS FOR ADDI20 TIONAL DATA COLLECTION.—In conducting the study re21 quired by subsection (a), the Comptroller General shall 

22 use all available data. If the Comptroller General deter23 mines that additional data is needed to fully understand 

24 the extent to which illegal drugs enter the United States 

25 through international airports in the United States, the 


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1 Comptroller General shall develop recommendations for 

2 the collection of that data. 

3 (d) SUBMISSION TO CONGRESS.—Not later than 180 

4 days after the date of enactment of this Act, the Comp5 troller General shall submit to the appropriate committees 

6 of Congress a report on the study conducted under sub7 section (a) that includes any recommendations developed 

8 under subsection (c). 

9 SEC. 5012. GOVERNMENT ACCOUNTABILITY OFFICE RE10 VIEW OF UNMANNED AIRCRAFT SYSTEMS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Comptroller General 

13 of the United States shall submit to the appropriate com14 mittees of Congress a report examining law enforcement 

15 challenges posed by the use of unmanned aircraft systems 

16 for illegal drug trafficking. 

17 (b) CONTENTS.—The report submitted under sub18 section (a) shall examine how unmanned aircraft systems 

19 are being used to transport illegal drugs across the inter20 national borders of the United States, including— 

21 (1) how international drug traffickers have used 

22 unmanned aircraft systems to fly packages of illegal 

23 drugs into the United States; 

24 (2) how international drug traffickers have used 

25 unmanned aircraft systems to survey international 


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1 borders, providing intelligence to smugglers on 

2 vulnerabilities in the border security efforts of the 

3 United States; and 

4 (3) other ways in which international drug traf5 fickers have used unmanned aircraft systems to as6 sist their efforts to smuggle illegal drugs into the 

7 United States. 

8 SEC. 5013. SENSE OF CONGRESS ON PREVENTING THE 

9 TRANSPORTATION OF DISEASE-CARRYING 

10 MOSQUITOES AND OTHER INSECTS ON COM11 MERCIAL AIRCRAFT. 

12 It is the sense of Congress that the Secretary of 

13 Transportation and the Secretary of Agriculture should, 

14 in coordination and consultation with the World Health 

15 Organization, develop a framework and guidance for the 

16 use of safe, effective, and nontoxic means of preventing 

17 the transportation of disease-carrying mosquitoes and 

18 other insects on commercial aircraft. 

19 SEC. 5014. TREATMENT OF MULTI-YEAR LESSEES OF LARGE 

20 AND TURBINE-POWERED MULTIENGINE AIR21 CRAFT. 

22 The Secretary of Transportation shall revise such 

23 regulations as may be necessary to ensure that multi-year 

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1 gine aircraft are treated equally for purposes of joint own2 ership policies of the Federal Aviation Administration. 

3 SEC. 5015. STUDENT OUTREACH REPORT. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Administrator of the Federal Aviation Ad6 ministration shall submit to the appropriate committees 

7 of Congress a report that describes the Administration’s 

8 existing outreach efforts, such as the STEM Aviation and 

9 Space Education Outreach Program, to elementary and 

10 secondary students who are interested in careers in 

11 science, technology, engineering, art, and mathematics— 

12 (1) to prepare and inspire such students for 

13 aeronautical careers; and 

14 (2) to mitigate an anticipated shortage of pilots 

15 and other aviation professionals. 

16 SEC. 5016. AUTHORIZATION OF CERTAIN FLIGHTS BY 

17 STAGE 2 AIRCRAFT. 

18 (a) IN GENERAL.—Notwithstanding chapter 475 of 

19 title 49, United States Code, not later than 180 days after 

20 the date of enactment of this Act, the Administrator of 

21 the Federal Aviation Administration shall initiate a pilot 

22 program to permit 1 or more operators of a stage 2 air23 craft to operate that aircraft in nonrevenue service into 

24 not more than 4 medium hub airports or nonhub airports 

25 if— 


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1 (1) the airport— 

2 (A) is certified under part 139 of title 14, 

3 Code of Federal Regulations; 

4 (B) has a runway that— 

5 (i) is longer than 8,000 feet and not 

6 less than 200 feet wide; and 

7 (ii) is load bearing with a pavement 

8 classification number of not less than 38; 

9 and 

10 (C) has a maintenance facility with a 

11 maintenance certificate issued under part 145 

12 of such title; and 

13 (2) the operator of the stage 2 aircraft operates 

14 not more than 10 flights per month using that air15 craft. 

16 (b) TERMINATION.—The pilot program shall termi17 nate on the earlier of— 

18 (1) the date that is 10 years after the date of 

19 the enactment of this Act; or 

20 (2) the date on which the Administrator deter21 mines that no stage 2 aircraft remain in service. 

22 (c) DEFINITIONS.—In this section: 

23 (1) MEDIUM HUB AIRPORT; NONHUB AIR24 PORT.—The terms ‘‘medium hub airport’’ and 

25 ‘‘nonhub airport’’ have the meanings given those 


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1 terms in section 40102 of title 49, United States 

2 Code. 

3 (2) STAGE 2 AIRCRAFT.—The term ‘‘stage 2 

4 aircraft’’ has the meaning given the term ‘‘stage 2 

5 airplane’’ in section 91.851 of title 14, Code of Fed6 eral Regulations (as in effect on the day before the 

7 date of the enactment of this Act). 

8 SEC. 5017. SUPERSONIC AIRCRAFT. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Administrator of the Federal Aviation Ad11 ministration shall— 

12 (1) review Federal law, including regulations 

13 and policies, regarding the operation of supersonic 

14 aircraft over land in the United States; and 

15 (2) submit to the appropriate committees of 

16 Congress a report on the findings under paragraph 

17 (1), that includes— 

18 (A) the identification and evaluation of any 

19 advancements in supersonic aircraft design, in20 cluding airframe and engine design, that would 

21 mitigate the concerns that led to restrictions on 

22 the operation of supersonic aircraft, such as 

23 noise, and support amending the laws under 

24 paragraph (1); and 


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1 (B) recommendations regarding the laws 

2 under paragraph (1) that would need to be 

3 amended to allow the operation of supersonic 

4 aircraft over land in the United States. 

5 SEC. 5018. TERMINAL AERODROME FORECAST. 

6 (a) TERMINAL AERODROME FORECAST.—The Ad7 ministrator of the Federal Aviation Administration shall 

8 permit a covered air carrier operation to operate to a des9 tination in a noncontiguous State determined to be under 

10 visual flight rules without a Terminal Aerodrome Forecast 

11 (referred to in this section as ‘‘TAF’’) or Meteorological 

12 Aerodrome Report (METAR) if a current Area Forecast, 

13 supplemented by other local weather observations or re14 ports, is available, and an alternate airport that has an 

15 available TAF and weather report is specified. The air car16 rier shall have approved procedures for dispatch and 

17 enroute weather evaluation and shall operate under instru18 ment flight rules enroute to the destination. 

19 (b) LIMITATION.—Without a written finding of neces20 sity, based on objective evidence of imminent threat to 

21 safety, the Administrator shall not promulgate any oper22 ation specification, policy, or guidance document that is 

23 more restrictive than, or requires procedures that are not 

24 expressly stated in, the regulations. 


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1 (c) COVERED AIR CARRIER OPERATION.—In this 

2 section, the term ‘‘covered air carrier operation’’ means 

3 a Part 121 air carrier operating in a noncontiguous State. 

4 SEC. 5019. TECHNICAL AND CONFORMING AMENDMENTS. 

5 (a) AIRPORT CAPACITY ENHANCEMENT PROJECTS

6 AT CONGESTED AIRPORTS.—Section 40104(c) is amended 

7 by striking ‘‘47176’’ and inserting ‘‘47175’’. 

8 (b) CONSULTATION ON CARRIER RESPONSE NOT

9 COVERED BY PLAN.—Section 41313(c)(16), as amended 

10 by section 3103 of this Act, is further amended by striking 

11 ‘‘the foreign air carrier will consult’’ and inserting ‘‘will 

12 consult’’. 

13 (c) WEIGHING MAIL.—Section 41907 is amended by 

14 striking ‘‘and –administrative’’ and inserting ‘‘and admin15 istrative’’. 

16 (d) FLIGHT ATTENDANT CERTIFICATION.—Section 

17 44728 is amended— 

18 (1) in subsection (c), by striking ‘‘chapter’’ and 

19 inserting ‘‘title’’; and 

20 (2) in subsection (d)(3), by striking ‘‘is’’ and 

21 inserting ‘‘be’’. 

22 (e) SCHEDULE OF FEES.—Section 45301(a)(1) is 

23 amended by striking ‘‘United States government’’ and in24 serting ‘‘United States Government’’. 


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1 (f) CLASSIFIED EVIDENCE.—Section 46111(g)(2)(A) 

2 is amended by striking ‘‘(18 U.S.C. App.)’’ and inserting 

3 ‘‘(18 U.S.C. App.))’’. 

4 (g) ALLOWABLE COST STANDARDS.—Section 

5 47110(b)(2) is amended— 

6 (1) in subparagraph (B), by striking 

7 ‘‘compatability’’ and inserting ‘‘compatibility’’; and 

8 (2) in subparagraph (D)(i), by striking ‘‘cli9 mactic’’ and inserting ‘‘climatic’’. 

10 (h) DEFINITION OF QUALIFIED HUBZONE SMALL

11 BUSINESS CONCERN.—Section 47113(a)(3) is amended 

12 by striking ‘‘(15 U.S.C. 632(o))’’ and inserting ‘‘(15 

13 U.S.C. 632(p))’’. 

14 (i) DISCRETIONARY FUND.—Section 47115, as 

15 amended by section 1006 of this Act, is further amend16 ed— 

17 (1) by striking subsection (i); and 

18 (2) by redesignating subsection (j) as sub19 section (i). 

20 (j) SPECIAL APPORTIONMENT CATEGORIES.—Section 

21 47117(e)(1)(B) is amended by striking ‘‘at least’’ and in22 serting ‘‘At least’’. 

23 (k) SOLICITATION AND CONSIDERATION OF COM24 MENTS.—Section 47171(l) is amended by striking ‘‘4371’’ 

25 and inserting ‘‘4321’’. 


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1 (l) OPERATIONS AND MAINTENANCE.—Section 

2 48104 is amended by striking ‘‘(a) AUTHORIZATION OF

3 APPROPRIATIONS.—the’’ and inserting ‘‘The’’. 

4 (m) EXPENDITURES FROM AIRPORT AND AIRWAY

5 TRUST FUND.—Section 9502(d)(2) of the Internal Rev6 enue Code of 1986 is amended by striking ‘‘farms’’ and 

7 inserting ‘‘farms)’’. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

10 ‘‘Federal Aviation Administration Reauthorization Act of 

11 2017’’. 

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

13 Act is as follows: 

Sec. 1. Short title; table of contents. 

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

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. 


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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. 

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

Sec. 1226. Clarification of reimbursable allowed costs of FAA memoranda of 

agreement. 

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

Sec. 1228. Pilot program for use of social and economic contracting requirements 

under Federal Aviation Administration grants. 

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 

Sec. 1401. PFC streamlining. 

Sec. 1402. Intermodal access projects. 

Sec. 1403. Future aviation infrastructure and financing study. 

Sec. 1404. Airport vehicle emissions. 

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

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. 


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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. Expansion of part 107 waiver authority. 

Sec. 2142. Redesignation. 

Sec. 2143. Sense of Congress on emergency exemption process. 

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

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. 

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

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

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

PART IV—OPERATOR SAFETY

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. 


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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. 

Sec. 2315. Airline safety enhancement. 

Sec. 2316. Aircraft air quality. 

Sec. 2317. Emergency medical equipment on passenger aircraft. 

Subtitle D—General Aviation Safety 

Sec. 2401. Automated weather observing systems policy. 

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. 

Sec. 2406. Rotorcraft crash resistant fuel systems. 


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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. 

Sec. 2505. Report on conspicuity needs for surface vehicles operating on the 

airside of air carrier served airports. 

Sec. 2506. Study on the effect of extreme weather on air travel. 

Sec. 2507. Self-piloted aircraft introduction plan. 

Sec. 2508. Portability of repairman certificates. 

Sec. 2509. Revision of certain regulations relating to repair station certificates. 

Sec. 2510. Critical airfield markings. 

Sec. 2511. Report on aircraft rescue and firefighting training facilities. 

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. Advance boarding during pregnancy. 

Sec. 3111. Consumer complaint process improvement. 

Sec. 3112. Aviation Consumer Advocate. 

Sec. 3113. Online access to aviation consumer protection information. 

Sec. 3114. Study on in cabin wheelchair restraint systems. 

Sec. 3115. Advisory committee on the air travel needs of passengers with disabilities. 

Sec. 3116. Improving wheelchair assistance for individuals with disabilities. 

Sec. 3117. Regulations ensuring assistance for individuals with disabilities in air 

transportation. 

Sec. 3118. Civil penalties relating to harm to passengers with disabilities. 

Sec. 3119. Airline Passengers with Disabilities Bill of Rights. 

Sec. 3120. Enforcement of aviation consumer protection rules. 

Sec. 3121. Dimensions for passenger seats. 

Sec. 3122. Cell phone voice communications. 

Sec. 3123. TICKETS Act. 

Sec. 3124. Transparency for disabled passengers. 


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Sec. 3125. Report on availability of lavatories on commercial aircraft. 

Sec. 3126. Training policies regarding racial, ethnic, and religious nondiscrimination. 

Sec. 3127. Consumer protection requirements relating to large ticket agents. 

Sec. 3128. Sense of Congress Regarding Equal Access for Individuals with Disabilities. 

Sec. 3129. Regulations prohibiting the imposition of fees that are not reasonable 

and proportional to the costs incurred. 

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. 

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. 

Sec. 4119. Annual report on NextGen implementation. 

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. 

Sec. 4209. Application of veterans’ preference to Federal Aviation Administration 

personnel management system. 


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Sec. 4210. Aircraft Registry Office. 

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. 

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. Rulemaking on overland supersonic flight. 

Sec. 5018. Terminal aerodrome forecast. 

Sec. 5019. Technical and conforming amendments. 

Sec. 5020. Aviation Weather Observations. 

Sec. 5021. Role of national advisory committee on travel and tourism infrastructure. 

Sec. 5022. Sense of Congress regarding women in aviation. 

Sec. 5023. Spectrum availability. 

Sec. 5024. Report on illegal charter flights. 

Sec. 5025. Federal authority over interstate transportation. 

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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 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 Con10 gress’’ means the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives. 

4 SEC. 4. EFFECTIVE DATE. 

5 Except as otherwise expressly provided, this Act and 

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

7 date of enactment of this Act. 

8 TITLE I—AUTHORIZATIONS 

9 Subtitle A—Funding of FAA 

10 Programs 

11 SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND 

12 NOISE COMPATIBILITY PLANNING AND PRO13 GRAMS. 

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

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

16 compatibility programs under section 47504(c) 

17 $3,350,000,000 for each of fiscal years 2012 through 2017’’ 

18 and inserting ‘‘section 47505(a)(2), carrying out noise com19 patibility programs under section 47504(c), an airport co20 operative research program under section 44511, Airports 

21 Technology-Safety research, and Airports Technology-Effi22 ciency research $3,350,000,000 for fiscal year 2018 and 

23 $3,750,000,000 for each of fiscal years 2019 through 2021’’. 


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1 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 

2 amended in the matter preceding paragraph (1) by striking 

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

4 SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

5 Section 48101(a) is amended by striking paragraphs 

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

7 ‘‘(1) $2,877,365,122 for fiscal year 2018. 

8 ‘‘(2) $2,889,379,240 for fiscal year 2019. 

9 ‘‘(3) $2,906,007,932 for fiscal year 2020. 

10 ‘‘(4) $2,921,493,286 for fiscal year 2021.’’. 

11 SEC. 1003. FAA OPERATIONS. 

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

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

14 following: 

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

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

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

18 and 

19 ‘‘(D) $10,453,299,174 for fiscal year 2021.’’. 

20 (b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) 

21 is amended by striking ‘‘for fiscal years 2012 through 2015’’ 

22 each place it appears and inserting ‘‘for fiscal years 2018 

23 through 2021’’. 


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1 (c) AUTHORITY TO TRANSFER FUNDS.—Section 

2 106(k)(3) is amended by striking ‘‘2012 through 2017’’ and 

3 inserting ‘‘2018 through 2021’’. 

4 SEC. 1004. FAA RESEARCH AND DEVELOPMENT. 

5 Section 48102 is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph 

8 (1)— 

9 (i) by striking ‘‘44511–44513’’ and in10 serting ‘‘44512–44513’’; and 

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

12 years 2012 through 2015, under subsection 

13 (g)’’; and 

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

15 and inserting the following: 

16 ‘‘(1) $175,000,000 for fiscal year 2018. 

17 ‘‘(2) $175,000,000 for fiscal year 2019. 

18 ‘‘(3) $175,000,000 for fiscal year 2020. 

19 ‘‘(4) $175,000,000 for fiscal year 2021.’’; and 

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

21 SEC. 1005. FUNDING FOR AVIATION PROGRAMS. 

22 (a) AIRPORT AND AIRWAY TRUST FUND GUAR23 ANTEE.—Section 48114(a)(1)(A) is amended to read as fol24 lows: 


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1 ‘‘(A) IN GENERAL.—The total budget re2 sources made available from the Airport and 

3 Airway Trust Fund each fiscal year under sec4 tions 48101, 48102, 48103, and 106(k)— 

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

6 through 2021, be equal to— 

7 ‘‘(I) the sum of— 

8 ‘‘(aa) 90 percent of the esti9 mated level of receipts plus inter10 est credited to the Airport and 

11 Airway Trust Fund for that fiscal 

12 year; and 

13 ‘‘(bb) the actual level of re14 ceipts plus interest credited to the 

15 Airport and Airway Trust Fund 

16 for the second preceding fiscal 

17 year minus the total amount 

18 made available for obligation 

19 from the Airport and Airway 

20 Trust Fund for the second pre21 ceding fiscal year; and 

22 ‘‘(II) less the amount calculated 

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

24 preceding year; and 


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

2 investment programs listed in subsection 

3 (b)(1).’’. 

4 (b) ENFORCEMENT OF GUARANTEES.—Section 

5 48114(c)(2) is amended by striking ‘‘2017’’ and inserting 

6 ‘‘2021’’. 

7 SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES. 

8 (a) MARSHALL ISLANDS, MICRONESIA, AND PALAU.— 

9 Section 47115(j) is amended by striking ‘‘2017’’ and insert10 ing ‘‘2021’’. 

11 (b) EXTENSION OF COMPATIBLE LAND USE PLANNING

12 AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.— 

13 Section 47141(f) is amended by striking ‘‘September 30, 

14 2017’’ and inserting ‘‘September 30, 2021’’. 

15 (c) EXTENSION OF PILOT PROGRAM FOR REDEVELOP16 MENT OF AIRPORT PROPERTIES.—Section 822(k) of the 

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

18 47141 note) is amended by striking ‘‘September 30, 2017’’ 

19 and inserting ‘‘September 30, 2021’’. 

20 Subtitle B—Airport Improvement 

21 Program Modifications 

22 SEC. 1201. SMALL AIRPORT REGULATION RELIEF. 

23 Section 47114(c)(1) is amended by striking subpara24 graph (F) and inserting the following: 


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1 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2017

2 THROUGH 2021.—Notwithstanding subparagraph 

3 (A) and subject to subparagraph (G), the Sec4 retary shall apportion to a sponsor of an airport 

5 under that subparagraph for each of fiscal years 

6 2017 through 2021 an amount based on the 

7 number of passenger boardings at the airport 

8 during calendar year 2012 if the airport— 

9 ‘‘(i) had 10,000 or more passenger 

10 boardings during calendar year 2012; 

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

12 boardings during the calendar year used to 

13 calculate the apportionment for fiscal year 

14 2017, 2018, 2019, 2020, or 2021, as appli15 cable, under subparagraph (A); and 

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

17 point in the calendar year used to calculate 

18 the apportionment. 

19 ‘‘(G) LIMITATIONS AND WAIVERS.—The au20 thority to make apportionments in the manner 

21 prescribed in subparagraph (F) may be utilized 

22 no more than 3 years in a row. The Secretary 

23 may waive this limitation if the Secretary deter24 mines that an airport’s enplanements are sub25 stantially close to 10,000 enplanements and the 


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1 airport sponsor or affected communities are tak2 ing reasonable steps to restore enplanements 

3 above 10,000. 

4 ‘‘(H) MINIMUM APPORTIONMENT FOR COM5 MERCIAL SERVICE AIRPORTS WITH MORE THAN

6 8,000 PASSENGER BOARDINGS IN A CALENDAR

7 YEAR.—Not less than $600,000 may be appor8 tioned under subparagraph (A) for each fiscal 

9 year to each sponsor of a commercial service air10 port that had fewer than 10,000 passenger 

11 boardings, but at least 8,000 passenger 

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

13 SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 

14 IN COLD WEATHER STATES. 

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

16 Aviation Administration, to the extent practicable, shall 

17 schedule the Administrator’s review of construction projects 

18 so that projects to be carried out in the States in which 

19 the weather during a typical calendar year prevents major 

20 construction projects from being carried out before May 1 

21 are reviewed as early as possible. 

22 (b) REPORT.—The Administrator shall update the ap23 propriate committees of Congress annually on the effective24 ness of the review and prioritization. 


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1 SEC. 1203. STATE BLOCK GRANTS UPDATES. 

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

3 States for fiscal years 2000 and 2001 and 10 qualified 

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

5 qualified States for fiscal year 2018 and each fiscal year 

6 thereafter’’. 

7 SEC. 1204. CONTRACT TOWER PROGRAM UPDATES. 

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

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

10 and inserting ‘‘after the end of the period described in sub11 section (d)(6)(C)’’. 

12 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST13 SHARE PROGRAM; FUNDING.—Section 47124(b)(3)(E) is 

14 amended to read as follows: 

15 ‘‘(E) FUNDING.—Of the amounts appro16 priated under section 106(k)(1), such sums as 

17 may be necessary may be used to carry out this 

18 paragraph.’’. 

19 (c) CAP ON FEDERAL SHARE OF COST OF CONSTRUC20 TION.—Section 47124(b)(4)(C) is amended by striking 

21 ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

22 (d) COST BENEFIT RATIO REVISION.—Section 47124 

23 is amended by adding at the end the following: 

24 ‘‘(d) COST BENEFIT RATIOS.— 

25 ‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER

26 PROGRAM AT COST-SHARE AIRPORTS.—Beginning on 


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1 the date of enactment of the Federal Aviation Admin2 istration Reauthorization Act of 2017, if an air traf3 fic control tower is operating under the Cost-share 

4 Program, the Secretary shall annually calculate a 

5 new benefit-to-cost ratio for the tower. 

6 ‘‘(2) CONTRACT TOWER PROGRAM AT NON-COST7 SHARE AIRPORTS.—Beginning on the date of enact8 ment of the Federal Aviation Administration Reau9 thorization Act of 2017, if a tower is operating under 

10 the Contract Tower Program and continued under 

11 subsection (b)(1), the Secretary shall not calculate a 

12 new benefit-to-cost ratio for the tower unless the an13 nual aircraft traffic at the airport where the tower is 

14 located decreases by more than 25 percent from the 

15 previous year or by more than 60 percent over a 3- 

16 year period. 

17 ‘‘(3) CONSIDERATIONS.—In establishing a ben18 efit-to-cost ratio under paragraph (1) or paragraph 

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

20 costs: 

21 ‘‘(A) The Federal Aviation Administration’s 

22 actual cost of wages and benefits of personnel 

23 working at the tower. 

24 ‘‘(B) The Federal Aviation Administration’s 

25 actual telecommunications costs of the tower. 


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1 ‘‘(C) Relocation and replacement costs of 

2 equipment of the Federal Aviation Administra3 tion associated with the tower, if paid for by the 

4 Federal Aviation Administration. 

5 ‘‘(D) Logistics, such as direct costs associ6 ated with establishing or updating the tower’s 

7 interface with other systems and equipment of 

8 the Federal Aviation Administration, if paid for 

9 by the Federal Aviation Administration. 

10 ‘‘(4) EXCLUSIONS.—In establishing a benefit-to11 cost ratio under paragraph (1) or paragraph (2), the 

12 Secretary may not consider the following costs: 

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

14 and other costs associated with maintaining and 

15 repairing the systems and equipment of the Fed16 eral Aviation Administration. 

17 ‘‘(B) Costs for depreciating the building and 

18 equipment owned by the Federal Aviation Ad19 ministration. 

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

21 Aviation Administration. 

22 ‘‘(D) Costs for utilities, janitorial, and other 

23 services paid for or provided by the airport or 

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1 ing jurisdiction over the airport where the tower 

2 is located. 

3 ‘‘(E) The cost of new or replacement equip4 ment, or construction of a new or replacement 

5 tower, if the costs incurred were incurred by the 

6 airport or the State or political subdivision of a 

7 State having jurisdiction over the airport where 

8 the tower is or will be located. 

9 ‘‘(F) Other expenses of the Federal Aviation 

10 Administration not directly associated with the 

11 actual operation of the tower. 

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

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

14 ratio determination to acknowledge and account for 

15 any direct or indirect factors that are not included in 

16 the criteria the Secretary used in calculating the ben17 efit-to-cost ratio. 

18 ‘‘(6) PROCEDURES.—The Secretary shall estab19 lish procedures— 

20 ‘‘(A) to allow an airport or the State or po21 litical subdivision of a State having jurisdiction 

22 over the airport where the tower is located not 

23 less than 90 days following the receipt of an ini24 tial benefit-to-cost ratio determination from the 

25 Secretary— 


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1 ‘‘(i) to request the Secretary reconsider 

2 that determination; and 

3 ‘‘(ii) to submit updated or additional 

4 data to the Secretary in support of the re5 consideration; 

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

7 90 days to review the data submitted under sub8 paragraph (A)(ii) and respond to the request 

9 under subparagraph (A)(i); 

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

11 subdivision of a State, as applicable, 30 days fol12 lowing the date of the response under subpara13 graph (B) to review the response before any ac14 tion is taken based on a benefit-to-cost deter15 mination; and 

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

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

18 grace period before cost-share payments are due 

19 from the airport, State, or political subdivision 

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

21 ratio determination the airport, State, or polit22 ical subdivision, as applicable, is required to 

23 transition to the Cost-share Program. 

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


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

2 ‘Contract Tower Program’ means the level I air traf3 fic control tower contract program established under 

4 subsection (a) and continued under subsection (b)(1). 

5 ‘‘(2) COST-SHARE PROGRAM.—The term ‘Cost6 share Program’ means the cost-share program estab7 lished under subsection (b)(3).’’. 

8 (e) REMOTE TOWER PROGRAM.—Section 47124(b) is 

9 amended— 

10 (1) in paragraph (3)(B)(ii), by inserting ‘‘or re11 mote airport traffic control tower certified by the Fed12 eral Aviation Administration’’ after ‘‘operating air 

13 traffic control tower’’; and 

14 (2) in clauses (i)(III) and (ii)(III) of paragraph 

15 (4)(A), by inserting ‘‘, including remote airport traf16 fic control tower equipment certified by the Federal 

17 Aviation Administration’’ after ‘‘1996’’ each place it 

18 appears. 

19 (f) CONFORMING AMENDMENTS.—Section 47124(b) is 

20 amended— 

21 (1) in paragraph (1)(C), by striking ‘‘the pro22 gram established under paragraph (3)’’ and inserting 

23 ‘‘the Cost-share Program’’; 

24 (2) in paragraph (3)— 


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

2 AIR TRAFFIC CONTROL TOWER PROGRAM’’ and 

3 inserting ‘‘COST-SHARE PROGRAM’’; 

4 (B) in subparagraph (A), by striking ‘‘con5 tract tower program established under subsection 

6 (a) and continued under paragraph (1) (in this 

7 paragraph referred to as the ‘Contract Tower 

8 Program’)’’ and inserting ‘‘Contract Tower Pro9 gram’’; 

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

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

12 carrying out the Cost-share Program’’; 

13 (D) in subparagraph (C), by striking ‘‘par14 ticipate in the program’’ and inserting ‘‘partici15 pate in the Cost-share Program’’; 

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

17 ‘‘under the program’’ and inserting ‘‘under the 

18 Cost-share Program’’; and 

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

20 program continued under paragraph (1)’’ and 

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

22 (3) in paragraph (4)(B)(i)(I), by striking ‘‘con23 tract tower program established under subsection (a) 

24 and continued under paragraph (1) or the pilot pro25 gram established under paragraph (3)’’ and inserting 


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1 ‘‘Contract Tower Program or the Cost-share Pro2 gram’’. 

3 (g) EXEMPTION.—Section 47124(b)(3)(D) is amended 

4 by adding at the end the following: ‘‘Airports with both 

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

6 enplanements in calendar year 2014 shall be exempt from 

7 any cost share requirement under the Cost-share Program.’’. 

8 (h) SAVINGS PROVISION.—Notwithstanding the 

9 amendments made by this section, the towers for which as10 sistance is being provided under section 41724 of title 49, 

11 United States Code, on the day before the date of enactment 

12 of this Act may continue to be provided such assistance 

13 under the terms of that section as in effect on that day. 

14 SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE 

15 CONTRACT TOWER PROGRAM. 

16 (a) IN GENERAL.—If the Administrator of the Federal 

17 Aviation Administration has not implemented a revised 

18 cost-benefit methodology for purposes of determining eligi19 bility for the Contract Tower Program before the date that 

20 is 30 days after the date of enactment of this Act, any air 

21 traffic control tower with an application for participation 

22 in the Contract Tower Program pending as of January 1, 

23 2017, shall be approved for participation in the Contract 

24 Tower Program if the Administrator determines the tower 

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1 tion Administration report entitled, ‘‘Establishment and 

2 Discontinuance Criteria for Airport Traffic Control Tow3 ers’’, and dated August 1990 (FAA–APO–90–7). 

4 (b) REQUESTS FOR ADDITIONAL AUTHORITY.—The 

5 Administrator shall respond not later than 30 days after 

6 the date the Administrator receives a formal request from 

7 an airport and air traffic control contractor for additional 

8 authority to expand contract tower operational hours and 

9 staff to accommodate flight traffic outside of current tower 

10 operational hours. 

11 (c) DEFINITION OF CONTRACT TOWER PROGRAM.—In 

12 this section, the term ‘‘Contract Tower Program’’ has the 

13 meaning given the term in section 47124(e) of title 49, 

14 United States Code, as added by section 1204 of this Act. 

15 SEC. 1206. REMOTE TOWERS. 

16 (a) PILOT PROGRAM.— 

17 (1) ESTABLISHMENT.—The Administrator of the 

18 Federal Aviation Administration shall establish— 

19 (A) in consultation with airport operators 

20 and general aviation users, a pilot program at 

21 public-use airports to construct and operate re22 mote towers; 

23 (B) a selection process for participation in 

24 the pilot program; and 


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1 (C) a clear process for the safety and oper2 ational certification of the remote towers. 

3 (2) SAFETY CONSIDERATIONS.—In establishing 

4 the pilot program, the Administrator shall consult 

5 with operators of remote towers in foreign countries 

6 to design the pilot program in a manner that 

7 leverages as many safety and airspace efficiency bene8 fits as possible. 

9 (3) REQUIREMENTS.—In selecting the airports 

10 for participation in the pilot program, the Adminis11 trator shall— 

12 (A) to the extent practicable, ensure that at 

13 least 2 different vendors of remote tower systems 

14 participate; 

15 (B) include at least 1 airport currently in 

16 the Contract Tower Program and at least 1 air17 port that does not have an air traffic control 

18 tower; and 

19 (C) clearly identify the analysis relating to 

20 the feasibility, safety, cost, and benefits of remote 

21 towers that will be addressed at each airport. 

22 (4) SELECTION CRITERIA.—In selecting an air23 port for participation in the pilot program, the Ad24 ministrator shall consider— 


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1 (A) how inclusion of that airport will add 

2 value to assist the Administrator in evaluating 

3 the feasibility, safety, costs, and benefits of re4 mote towers; 

5 (B) the amount and variety of air traffic at 

6 an airport; and 

7 (C) the costs and benefits of including that 

8 airport. 

9 (5) DATA.—The Administrator shall clearly 

10 identify and collect air traffic control information 

11 and data from participating airports that will assist 

12 the Administrator in evaluating the feasibility, safety, 

13 costs, and benefits of remote towers. 

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

15 date the first remote tower is operational, and annu16 ally thereafter, the Administrator shall submit to the 

17 appropriate committees of Congress a report— 

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

19 improvements associated with the use of the re20 mote towers; and 

21 (B) evaluating the feasibility of using re22 mote towers, particularly in the Contract Tower 

23 Program, for airports without an air traffic con24 trol tower, or to improve safety at airports with 

25 towers. 


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

2 date of enactment of this Act, the Administrator shall 

3 select airports for participation in the pilot program. 

4 (8) DEFINITIONS.—In this subsection: 

5 (A) CONTRACT TOWER PROGRAM.—The 

6 term ‘‘Contract Tower Program’’ has the mean7 ing given the term in section 47124(e) of title 49, 

8 United States Code, as added by section 1204 of 

9 this Act. 

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

11 tower’’ means a remotely operated air naviga12 tion facility, including all necessary system com13 ponents, that provides the functions and capa14 bilities of an air traffic control tower whereby 

15 air traffic services are provided to operators at 

16 an airport from a location that may not be on 

17 or near the airport. 

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

19 days after the date on which the first remote tower is com20 missioned to operate under this section, the Administrator 

21 shall establish a process to authorize the construction and 

22 commissioning operation of additional remote towers, that 

23 are certificated under subsection (a)(1)(C), at other air24 ports. 


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

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

3 remote towers are available under subsection (b), con4 structing a remote tower or acquiring and installing air 

5 traffic control, communications, or related equipment for 

6 a remote tower shall be considered airport development (as 

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

8 for purposes of subchapter I of chapter 471 of that title if 

9 components are installed and used at the airport, except, 

10 as needed, for off-airport sensors installed on leased towers. 

11 SEC. 1207. MIDWAY ISLAND AIRPORT. 

12 Section 186(d) of the Vision 100—Century of Aviation 

13 Reauthorization Act (Public Law 108–176; 117 Stat. 2518) 

14 is amended by striking ‘‘for fiscal years 2012 through 2017’’ 

15 and inserting ‘‘for fiscal years 2018 through 2021’’. 

16 SEC. 1208. AIRPORT ROAD FUNDING. 

17 (a) AIRPORT DEVELOPMENT GRANT ASSURANCES.— 

18 Section 47107(b) is amended by adding at the end the fol19 lowing: 

20 ‘‘(4) This subsection does not prevent the use of 

21 airport revenue for the maintenance and improve22 ment of the on-airport portion of a surface transpor23 tation facility providing access to an airport and 

24 non-airport locations if the surface transportation fa25 cility is owned or operated by the airport owner or 


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1 operator and the use of airport revenue is prorated to 

2 airport use and limited to portions of the facility lo3 cated on the airport. The Secretary shall determine 

4 the maximum percentage contribution of airport rev5 enue toward surface transportation facility mainte6 nance or improvement, taking into consideration the 

7 current and projected use of the surface transpor8 tation facility located on the airport for airport and 

9 non-airport purposes. The de minimus use, as deter10 mined by the Secretary, of a surface transportation 

11 facility for non-airport purposes shall not require 

12 prorating.’’. 

13 (b) RESTRICTIONS ON THE USE OF AIRPORT REV14 ENUE.—Section 47133(c) is amended— 

15 (1) by inserting ‘‘(1)’’ before ‘‘Nothing’’ and in16 denting appropriately; and 

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

18 ‘‘(2) Nothing in this section may be construed to 

19 prevent the use of airport revenue for the prorated 

20 maintenance and improvement costs of the on-airport 

21 portion of the surface transportation facility, subject 

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

23 SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIR24 PORT VEHICLE PILOT PROGRAM. 

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


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 The table of contents for chapter 471 is amended by striking 

3 the item relating to section 47136 and inserting the fol4 lowing: 

‘‘47136. [Reserved].’’. 

5 SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VE6 HICLES AND INFRASTRUCTURE PILOT PRO7 GRAM. 

8 Section 47136a is amended— 

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

10 and inserting ‘‘used exclusively for transporting pas11 sengers on-airport or for employee shuttle buses with12 in the airport, including’’; and 

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

14 on the day before the date of enactment of the Federal 

15 Aviation Administration Reauthorization Act of 

16 2017,’’ after ‘‘section 47136’’. 

17 SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIP18 MENT EMISSIONS RETROFIT PILOT PRO19 GRAM. 

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

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 The table of contents for chapter 471 is amended by striking 

23 the item relating to section 47140 and inserting the fol24 lowing: 

‘‘47140. [Reserved].’’. 


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1 SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EF2 FICIENCY ASSESSMENTS. 

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

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

5 to reimburse the airport sponsor for the costs incurred in 

6 conducting the assessment.’’. 

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

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

9 safety projects would be deferred by prioritizing a grant 

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

11 SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UN12 CLASSIFIED AIRPORTS. 

13 Section 47106(a) is amended— 

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

15 inserting a semicolon; 

16 (2) in paragraph (6)— 

17 (A) in the matter preceding subparagraph 

18 (A), by striking ‘‘for an airport that has an air19 port master plan, the master plan addresses’’ 

20 and inserting ‘‘a master plan project, it will ad21 dress’’; and 

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

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

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


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

2 the project will be funded with an amount appor3 tioned under section 47114(d)(3)(B) and is— 

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

5 primary runway; 

6 ‘‘(B) for obstruction removal for the pri7 mary runway; 

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

9 runway; or 

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

11 necessary for the safe operation of the airport.’’. 

12 SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS. 

13 Section 44502(e) is amended by striking the first sen14 tence and inserting ‘‘An airport may transfer, without con15 sideration, to the Administrator of the Federal Aviation Ad16 ministration an instrument landing system consisting of a 

17 glide slope and localizer that conforms to performance speci18 fications of the Administrator if an airport improvement 

19 project grant was used to assist in purchasing the system, 

20 and if the Federal Aviation Administration has determined 

21 that a satellite navigation system cannot provide a suitable 

22 approach.’’. 


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1 SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT 

2 PROGRAM. 

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

4 amended by inserting after section 47142 the following: 

5 ‘‘§ 47143. Non-movement area surveillance surface dis6 play systems pilot program 

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

8 Aviation Administration may carry out a pilot program 

9 to support non-Federal acquisition and installation of 

10 qualifying non-movement area surveillance surface display 

11 systems and sensors if— 

12 ‘‘(1) the Administrator determines that acquisi13 tion and installation of qualifying non-movement 

14 area surveillance surface display systems and sensors 

15 improve safety or capacity in the National Airspace 

16 System; and 

17 ‘‘(2) the non-movement area surveillance surface 

18 display systems and sensors are supplemental to ex19 isting movement area systems and sensors at the se20 lected airports established under other programs ad21 ministered by the Administrator. 

22 ‘‘(b) PROJECT GRANTS.— 

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

24 the pilot program, the Administrator may make a 

25 project grant out of funds apportioned under para26 graph (1) or paragraph (2) of section 47114(c) to not 


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1 more than 5 eligible sponsors to acquire and install 

2 qualifying non-movement area surveillance surface 

3 display systems and sensors. The Administrator may 

4 distribute not more than $2,000,000 per sponsor from 

5 the discretionary fund. The airports selected to par6 ticipate in the pilot program shall have existing Fed7 eral Aviation Administration movement area systems 

8 and airlines that are participants in Federal Avia9 tion Administration’s Airport Collaborative Decision 

10 Making process. 

11 ‘‘(2) PROCEDURES.—In accordance with the au12 thority under section 106, the Administrator may es13 tablish procurement procedures applicable to grants 

14 issued under this subsection. The procedures may per15 mit the sponsor to carry out the project with vendors 

16 that have been accepted in the procurement procedure 

17 or using Federal Aviation Administration contracts. 

18 The procedures may provide for the direct reimburse19 ment (including administrative costs) of the Adminis20 trator by the sponsor using grant funds under this 

21 subsection, for the ordering of system-related equip22 ment and its installation, or for the direct ordering 

23 of system-related equipment and its installation by 

24 the sponsor, using such grant funds, from the sup25 pliers with which the Administrator has contracted. 


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1 ‘‘(3) DATA EXCHANGE PROCESSES.—The Admin2 istrator may establish data exchange processes to 

3 allow airport participation in the Federal Aviation 

4 Administration’s Airport Collaborative Decision Mak5 ing process and fusion of the non-movement surveil6 lance data with the Administration’s movement area 

7 systems. 

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

9 ‘‘(1) NON-MOVEMENT AREA.—The term ‘non10 movement area’ is the portion of the airfield surface 

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

12 ‘‘(2) NON-MOVEMENT AREA SURVEILLANCE SUR13 FACE DISPLAY SYSTEM AND SENSORS.—The term 

14 ‘non-movement area surveillance surface display sys15 tem and sensors’ is a non-Federal surveillance system 

16 that uses on-airport sensors that track vehicles or air17 craft that are equipped with transponders in the non18 movement area. 

19 ‘‘(3) QUALIFYING NON-MOVEMENT AREA SUR20 VEILLANCE SURFACE DISPLAY SYSTEM AND SEN21 SORS.—The term ‘qualifying non-movement area sur22 veillance surface display system and sensors’ is a 

23 non-movement area surveillance surface display sys24 tem that— 


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1 ‘‘(A) provides the required transmit and re2 ceive data formats consistent with the National 

3 Airspace System architecture at the appropriate 

4 service delivery point; 

5 ‘‘(B) is on-airport; and 

6 ‘‘(C) is airport operated.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 The table of contents of chapter 471 is amended by inserting 

9 after the item relating to section 47142 the following: 

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

10 SEC. 1216. AMENDMENTS TO DEFINITIONS. 

11 Section 47102 is amended— 

12 (1) by redesignating paragraphs (10) through 

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

14 (2) by redesignating paragraphs (7) through (9) 

15 as paragraphs (8) through (10), respectively; 

16 (3) in paragraph (3)— 

17 (A) in subparagraph (B)— 

18 (i) by redesignating clauses (iii) 

19 through (x) as clauses (iv) through (xi), re20 spectively; and 

21 (ii) by striking clause (ii) and insert22 ing the following: 

23 ‘‘(ii) security equipment owned and 

24 operated by the airport, including explosive 

25 detection devices, universal access control 


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1 systems, perimeter fencing, and emergency 

2 call boxes, which the Secretary may require 

3 by regulation for, or approve as contrib4 uting significantly to, the security of indi5 viduals and property at the airport; 

6 ‘‘(iii) safety apparatus owned and op7 erated by the airport, which the Secretary 

8 may require by regulation for, or approve 

9 as contributing significantly to, the safety 

10 of individuals and property at the airport, 

11 and integrated in-pavement lighting sys12 tems for runways and taxiways and other 

13 runway and taxiway incursion prevention 

14 devices;’’; 

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

16 ‘‘7505a) and if such project will result in an air17 port receiving appropriate’’ and inserting 

18 ‘‘7505a)) and if the airport would be able to re19 ceive’’; and 

20 (C) in subparagraph (L)— 

21 (i) by striking ‘‘or conversion of vehi22 cles and’’ and inserting ‘‘of vehicles used ex23 clusively for transporting passengers on-air24 port, employee shuttle buses within the air25 port, or’’; 


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1 (ii) by striking ‘‘airport, to’’ and in2 serting ‘‘airport and equipped with’’; and 

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

4 project will result in an airport receiving 

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

6 the airport would be able to receive’’; 

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

8 and inserting ‘‘requirements’’; 

9 (5) by inserting after paragraph (6) the fol10 lowing: 

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

12 airport that has an identified role in the most re13 cently published National Plan of Integrated Airport 

14 Systems (NPIAS) report.’’; 

15 (6) in paragraph (9), as redesignated, by strik16 ing ‘‘public’’ and inserting ‘‘public-use’’; 

17 (7) by inserting after paragraph (10), as redesig18 nated, the following: 

19 ‘‘(11) ‘joint use airport’ means an airport owned 

20 by the Department of Defense, at which both military 

21 and civilian aircraft make shared use of the air22 field.’’; 

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

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


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1 ‘‘(i) determined by the Secretary to 

2 have at least— 

3 ‘‘(I) 100 based aircraft that are 

4 currently registered with the Federal 

5 Aviation Administration under chap6 ter 445 of this title; and 

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

8 currently registered with the Federal 

9 Aviation Administration where, for the 

10 purposes of this clause, ‘based’ means 

11 the aircraft or jet aircraft overnights at 

12 the airport for the greater part of the 

13 year; or’’; and 

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

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

16 airport that is included in the most recently pub17 lished National Plan of Integrated Airport Systems 

18 (NPIAS) report that is not categorized by the Admin19 istrator of the Federal Aviation Administration in the 

20 most current report entitled General Aviation Air21 ports: A National Asset.’’. 

22 SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UP23 DATES. 

24 Section 47503(b) is amended— 


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

2 airport would establish’’ and inserting ‘‘there is a 

3 change in the operation of the airport that would es4 tablish’’; and 

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

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

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

8 the airport operator under subsection (a); or 

9 ‘‘(2) the implementation timeframe of the opera10 tor’s noise compatibility program’’. 

11 SEC. 1218. PROVISION OF FACILITIES. 

12 Section 44502 is amended by adding at the end the 

13 following: 

14 ‘‘(f) AIRPORT SPACE.— 

15 ‘‘(1) RESTRICTION.—The Administrator may not 

16 require an airport owner or sponsor (as defined in 

17 section 47102) to provide to the Federal Aviation Ad18 ministration without cost any of the following: 

19 ‘‘(A) Building construction, maintenance, 

20 utilities, or expenses for services relating to air 

21 traffic control, air navigation, or weather report22 ing. 

23 ‘‘(B) Space in a facility owned by the air24 port owner or sponsor for services relating to air 


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1 traffic control, air navigation, or weather report2 ing. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection may be construed to affect— 

5 ‘‘(A) any agreement the Secretary may have 

6 or make with an airport owner or sponsor for 

7 the airport owner or sponsor to provide any of 

8 the items described in subparagraph (A) or sub9 paragraph (B) of paragraph (1) at below-market 

10 rates; or 

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

12 airport owner or sponsor to provide land to the 

13 Administration without cost for an air traffic 

14 control facility.’’. 

15 SEC. 1219. MORATORIUM ON CHANGES TO THE CONTRACT 

16 WEATHER OBSERVER PROGRAM. 

17 The Administrator may not discontinue the Contract 

18 Weather Observer Program at any airport until October 1, 

19 2021. 

20 SEC. 1220. FEDERAL SHARE ADJUSTMENT. 

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

22 ‘‘(5) 95 percent for a project at an airport for 

23 which the United States Government’s share would 

24 otherwise be capped at 90 percent under paragraph 

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


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1 that the project is a successive phase of a multi2 phased construction project for which the sponsor re3 ceived a grant in fiscal year 2011 or earlier.’’. 

4 SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS. 

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

6 amended— 

7 (1) in subsection (a), by striking ‘‘Transpor8 tation’’ and inserting ‘‘Homeland Security’’; 

9 (2) in subsection (e), by striking ‘‘Homeland Se10 curity’’ and inserting ‘‘Transportation’’; and 

11 (3) in subsection (g), by inserting ‘‘of Transpor12 tation’’ after ‘‘Secretary’’ the first place it appears. 

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 amended— 


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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 view 

10 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 other 

14 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 ster8 ile area (as defined in section 1540.5 of title 49, Code 

9 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 beginning 

14 on or after the date that is 2 years after the date 

15 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 a 

19 passenger terminal building shall not apply with 

20 respect to a project grant application for a pe21 riod of time, determined by the Secretary of 

22 Transportation, if the Secretary determines that 

23 construction or maintenance activities make it 

24 impracticable or unsafe for the lactation area to 

25 be located in the sterile area of the building. 


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1 (c) TERMINAL DEVELOPMENT COSTS.—Section 

2 47119(a) is amended by adding at the end the following: 

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

4 projects described in paragraph (1), the Secretary 

5 may approve a project for terminal development for 

6 the construction or installation of a lactation area in 

7 1 or more passenger terminal buildings at a commer8 cial service airport.’’. 

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

10 airport sponsor, the Secretary of Transportation may deter11 mine that a lactation area in existence on the date of enact12 ment of this Act complies with the requirement of section 

13 47107(a)(22) of title 49, United States Code, as added by 

14 subsection (b), notwithstanding the absence of one of the fa15 cilities or characteristics referred to in the definition of the 

16 term ‘‘lactation area’’ in section 47102 of that title, as 

17 added by subsection (a). 

18 SEC. 1223. DEFINITION OF SMALL BUSINESS CONCERN. 

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

20 ‘‘(1) ‘small business concern’— 

21 ‘‘(A) has the meaning given the term in sec22 tion 3 of the Small Business Act (15 U.S.C. 

23 632); but 

24 ‘‘(B) in the case of a concern in the con25 struction industry, a concern shall be considered 


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1 a small business concern if the concern meets the 

2 size standard for the North American Industry 

3 Classification System Code 237310, as adjusted 

4 by the Small Business Administration;’’. 

5 SEC. 1224. STATE STANDARDS FOR AIRPORT PAVEMENTS. 

6 Section 47105(c) is amended— 

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

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

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

10 ‘‘(2) PAVEMENT STANDARDS.— 

11 ‘‘(A) TECHNICAL ASSISTANCE.—At the re12 quest of a State, the Secretary shall, not later 

13 than 30 days after the date of the request, pro14 vide technical assistance to the State in devel15 oping standards, acceptable to the Secretary 

16 under subparagraph (B), for pavement on non17 primary public-use airports in the State. 

18 ‘‘(B) REQUIREMENTS.—The Secretary 

19 shall— 

20 ‘‘(i) continue to provide technical as21 sistance under subparagraph (A) until the 

22 standards are approved under paragraph 

23 (1); and 

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

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1 retary, considering, at a minimum, local 

2 conditions and locally available materials.’’. 

3 SEC. 1225. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT 

4 IMPROVEMENT PROGRAM. 

5 Section 47119(a)(1)(B) is amended— 

6 (1) by striking ‘‘directly related to moving pas7 sengers’’ and inserting the following: ‘‘directly related 

8 to— 

9 ‘‘(i) moving passengers’’; 

10 (2) by striking ‘‘; and’’ at the end and inserting 

11 ‘‘; or’’; and 

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

13 ‘‘(ii) installing security cameras in the 

14 public area of the interior and exterior of 

15 the terminal; and’’. 

16 SEC. 1226. CLARIFICATION OF REIMBURSABLE ALLOWED 

17 COSTS OF FAA MEMORANDA OF AGREEMENT. 

18 Section 47504(c)(2) is amended— 

19 (1) in subparagraph (D), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (E), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(F) to an airport operator of a congested 

25 airport (as defined in section 47175) and a unit 


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1 of local government referred to in paragraph 

2 (1)(B) to carry out a project to mitigate noise, 

3 if the project— 

4 ‘‘(i) consists of— 

5 ‘‘(I) replacement windows, doors, 

6 and the installation of through-the-wall 

7 air-conditioning units; or 

8 ‘‘(II) acquisition or installation of 

9 windows, doors, or other noise mitiga10 tion elements to be used in a school re11 construction, if reconstruction is the 

12 preferred local solution; 

13 ‘‘(ii) is located at a school near the 

14 airport; and 

15 ‘‘(iii) is included in a memorandum of 

16 agreement entered into before September 30, 

17 2002, even if the airport has not met the re18 quirements of part 150 of title 14, Code of 

19 Federal Regulations, and only if the finan20 cial limitations of the memorandum are ap21 plied.’’. 


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1 SEC. 1227. LIMITED REGULATION OF NON-FEDERALLY 

2 SPONSORED PROPERTY. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), the Secretary of Transportation may not directly or 

5 indirectly regulate— 

6 (1) the acquisition, use, lease, encumbrance, 

7 transfer, or disposal of land by an airport owner or 

8 operator; 

9 (2) any facility upon such land; or 

10 (3) any portion of such land or facility. 

11 (b) EXCEPTIONS.—Subsection (a) does not apply to 

12 any regulation— 

13 (1) ensuring— 

14 (A) the safe and efficient operation of air15 craft; 

16 (B) that an airport owner or operator re17 ceives not less than fair market value in the con18 text of a commercial transaction for the use, 

19 lease, encumbrance, transfer, or disposal of land, 

20 any facilities on such land, or any portion of 

21 such land or facilities; or 

22 (C) that the airport pays not more than 

23 fair market value in the context of a commercial 

24 transaction for the acquisition of land or facili25 ties on such land; or 


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1 (2) imposed with respect to land or a facility ac2 quired using Federal funding. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this section 

4 shall be construed to affect the applicability of section 

5 47107(b) or 47113 of title 49, United States Code, to reve6 nues generated by the use, lease, encumbrance, transfer, or 

7 disposal of land under subsection (a), facilities upon such 

8 land, or any portion of such land or facilities. 

9 SEC. 1228. PILOT PROGRAM FOR USE OF SOCIAL AND ECO10 NOMIC CONTRACTING REQUIREMENTS 

11 UNDER FEDERAL AVIATION ADMINISTRATION 

12 GRANTS. 

13 (a) IN GENERAL.—The Secretary of Transportation 

14 shall establish a pilot program under which a sponsor that 

15 receives a grant from the Federal Aviation Administration 

16 to carry out a project may use social or economic con17 tracting requirements, such as local or other geographic 

18 labor hiring preferences, economic-based labor hiring pref19 erences, or hiring preferences for veterans, in entering into 

20 contracts to carry out that project. 

21 (b) MODEL.—The pilot program established under sub22 section (a) shall be modeled after the pilot program an23 nounced by the Department of Transportation in the Fed24 eral Register on March 6, 2015 (80 Fed. Reg. 12257) under 

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1 ministration or the Federal Transit Administration may 

2 use social or economic contracting requirements. 

3 (c) TERMINATION.— 

4 (1) IN GENERAL.—The pilot program established 

5 under subsection (a) shall terminate on the date that 

6 is 3 years after the date of enactment of this Act. 

7 (2) APPLICABILITY TO CONTRACTS.—Contracting 

8 requirements authorized under the pilot program es9 tablished under subsection (a) shall continue to apply 

10 to a contract awarded under the pilot program before 

11 the termination date specified in paragraph (1) until 

12 the termination date of the contract. 

13 (d) REPORT REQUIRED.—Not later than 180 days 

14 after the termination of the pilot program under subsection 

15 (c)(1), the Secretary shall submit to Congress a report as16 sessing— 

17 (1) the effects of the use of contracting require18 ments described in subsection (a) under the pilot pro19 gram on the competitive bidding process for contracts 

20 to carry out projects for which the Federal Aviation 

21 Administration provided grants; and 

22 (2) the advisability of authorizing the use of such 

23 requirements on an ongoing basis. 

24 (e) GUIDELINES.—A sponsor using contracting re25 quirements described in subsection (a) for a project under 


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1 the pilot program established under that subsection shall 

2 submit to the Secretary information necessary for the report 

3 required by subsection (d), including— 

4 (1) information on the effects of using such con5 tracting requirements on— 

6 (A) the competitive bidding process for con7 tracts to carry out the project; and 

8 (B) the costs of the project; 

9 (2) information on the social and economic ef10 fects of using such contracting requirements; 

11 (3) information on the effects of using such con12 tracting requirements on veterans; and 

13 (4) such other information relating to the pilot 

14 program as the Secretary may request. 

15 Subtitle C—FLIGHT Act of 2017 

16 SEC. 1301. SHORT TITLE. 

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

18 ‘‘Forward Looking Investment in General Aviation, Hang19 ars, and Tarmacs Act of 2017’’ or the ‘‘FLIGHT Act of 

20 2017’’. 

21 SEC. 1302. GENERAL AVIATION AIRPORT ENTITLEMENT RE22 FORM. 

23 (a) APPORTIONMENT.—Section 47114(d)(3) is amend24 ed— 


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1 (1) by redesignating subparagraphs (A) and (B) 

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

3 (2) by inserting before subparagraph (B), as re4 designated, the following: 

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

6 designated as disaster relief airports under sec7 tion 47132 to enhance the ability of such air8 ports to aid in disaster relief, including through 

9 funding for airport development described in sec10 tion 47102(3)(P).’’; and 

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

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

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

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

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

16 (c) UNITED STATES SHARE OF PROJECT COSTS.—Sec17 tion 47109 is amended by adding at the end the following: 

18 ‘‘(g) COST SHARE.— 

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

20 Government’s share of allowable project costs may be 

21 increased by the Administrator to 95 percent for a 

22 project at an airport that is categorized as a basic or 

23 unclassified airport in the most recently published 

24 National Plan of Integrated Airport Systems 

25 (NPIAS) report. 


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

2 sponsor has an approved multi-year project, approved 

3 by the Administrator, and the airport is recategorized 

4 above basic category, the cost share for that project 

5 shall remain at the cost share specified in paragraph 

6 (1) for the duration of the project.’’. 

7 (d) USE OF APPORTIONED AMOUNTS.—Section 

8 47117(e)(1) is amended by adding at the end the following: 

9 ‘‘(D) All amounts subject to apportionment 

10 for a fiscal year that are not apportioned under 

11 section 47114(d), for grants to sponsors of gen12 eral aviation airports, reliever airports, or non13 primary commercial service airports.’’. 

14 SEC. 1303. EXTENDING AVIATION DEVELOPMENT STREAM15 LINING. 

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

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

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

19 construction or improvement projects,’’ after ‘‘con20 gested airports,’’; 

21 (2) in subsection (b)— 

22 (A) by redesignating paragraph (2) as 

23 paragraph (3); and 

24 (B) by inserting after paragraph (1) the fol25 lowing: 


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1 ‘‘(2) GENERAL AVIATION AIRPORT CONSTRUCTION

2 OR IMPROVEMENT PROJECT.—A general aviation air3 port construction or improvement project shall be sub4 ject to the coordinated and expedited environmental 

5 review process requirements set forth in this section.’’; 

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

7 inserting ‘‘(b)(3)’’; 

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

9 inserting ‘‘(b)(3)’’; 

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

11 inserting ‘‘(b)(3)’’; and 

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

13 inserting ‘‘(b)(3)’’. 

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

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

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

17 respectively, and by rearranging such paragraphs so 

18 that they appear in numerical order; 

19 (2) by redesignating paragraph (7) as para20 graph (8); and 

21 (3) by inserting after paragraph (6) the fol22 lowing: 

23 ‘‘(7) GENERAL AVIATION AIRPORT CONSTRUCTION

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1 tion airport construction or improvement project’ 

2 means— 

3 ‘‘(A) a project for the construction or exten4 sion of a runway, including any land acquisi5 tion, helipad, taxiway, safety area, apron, or 

6 navigational aids associated with the runway or 

7 runway extension, at a general aviation airport, 

8 a reliever airport, or a commercial service air9 port that is not a primary airport (as such 

10 terms are defined in section 47102); and 

11 ‘‘(B) any other airport development project 

12 that the Secretary designates as facilitating 

13 aviation capacity building projects at a general 

14 aviation airport.’’. 

15 SEC. 1304. ESTABLISHMENT OF PUBLIC PRIVATE-PARTNER16 SHIP PROGRAM AT GENERAL AVIATION AIR17 PORTS. 

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

19 States Code, is amended by adding at the end the following: 

20 ‘‘§ 48115. General aviation public-private partnership 

21 program 

22 ‘‘(a) SMALL AIRPORT PUBLIC-PRIVATE PARTNERSHIP

23 PROGRAM.—The Secretary of Transportation shall establish 

24 a program that meets the requirements under this section 

25 for improving facilities at— 


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1 ‘‘(1) general aviation airports; and 

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

3 to be used for public purposes that do not have sched4 uled air service. 

5 ‘‘(b) APPLICATION REQUIRED.—The operator or spon6 sor of an airport, or the community in which an airport 

7 is located, seeking, on behalf of the airport, to participate 

8 in the program established under subsection (a) shall sub9 mit an application to the Secretary in such form, at such 

10 time, and containing such information as the Secretary 

11 may require, including— 

12 ‘‘(1) an assessment of the needs of the airport for 

13 additional or improved hangars, airport businesses, 

14 or other facilities; 

15 ‘‘(2) the ability of the airport to leverage private 

16 sector investments on the airport or develop public17 private partnerships to build or improve facilities at 

18 the airport; and 

19 ‘‘(3) if the application is submitted by a commu20 nity, evidence that the airport supports the applica21 tion. 

22 ‘‘(c) LIMITATION.— 

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

24 the same State may be selected to participate in the 


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1 program established under subsection (a) in any fis2 cal year. 

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

4 $500,000 shall be made available for any one-time 

5 grant to an airport in any fiscal year under the pro6 gram established under subsection (a). 

7 ‘‘(d) PRIORITIES.—In selecting airports for participa8 tion in the program established under subsection (a), the 

9 Secretary shall give priority to airports at which— 

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

11 community in which the airport is located— 

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

13 project for which assistance is sought under the 

14 program from local sources; 

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

16 developing or implementing a public-private 

17 partnership; or 

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

19 public-private partnership to build or improve 

20 facilities at the airport; or 

21 ‘‘(2) the assistance will be used in a timely fash22 ion. 

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

24 amounts made available under this section— 


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

2 to private entities or individuals in order to leverage 

3 private sector investments or develop public-private 

4 partnerships for the purposes of building or improv5 ing hangars, businesses, or other facilities at the air6 port; 

7 ‘‘(2) to fund studies that consider what measures 

8 an airport should take to attract private sector invest9 ment at the airport; or 

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

11 paragraph (1) or an investment described in para12 graph (2). 

13 ‘‘(f) AUTHORITY TO MAKE AGREEMENTS.—The Sec14 retary may enter into agreements with airports and entities 

15 entering into partnerships with airports under this section 

16 to provide assistance under this section. 

17 ‘‘(g) AVAILABILITY OF AMOUNTS FROM AIRPORT AND

18 AIRWAY TRUST FUND.— 

19 ‘‘(1) IN GENERAL.—There is authorized to be ap20 propriated, out of the Airport and Airway Trust 

21 Fund established under section 9502 of the Internal 

22 Revenue Code of 1986, $5,000,000 for each of the fis23 cal years 2018 through 2021 to carry out this section. 

24 Amounts appropriated pursuant to this paragraph 

25 shall remain available until expended. 


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1 ‘‘(2) AVAILABILITY.—Amounts appropriated 

2 pursuant to paragraph (1)— 

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

4 and 

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

6 made available pursuant to section 48103.’’. 

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

8 chapter 481 is amended by adding at the end the following: 

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

9 SEC. 1305. DISASTER RELIEF AIRPORTS. 

10 (a) DESIGNATION OF DISASTER RELIEF AIRPORTS.— 

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) re22 port; 

23 ‘‘(B) is within a reasonable distance, as de24 termined by the Secretary, of a hospital or trans25 plant or trauma center; 


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1 ‘‘(C) is in a region that the Secretary deter2 mines under subsection (b) is prone to natural 

3 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 described 

16 in paragraph (1) are located in a State, the Sec17 retary, in consultation with aviation officials of that 

18 State, shall designate not more than 3 general avia19 tion airports in that State as a disaster relief airport 

20 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 not 

2 less than a 50 percent probability that an earth3 quake of magnitude 6 or above will occur in the 

4 region within 30 years, according to the United 

5 States Geological Survey; or 

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

7 disasters, the President has declared more than 5 

8 major disasters in the region under section 401 

9 of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5170), ac11 cording to the most recent map of the Federal 

12 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 airport 

22 and the facilities and fixed-based operators on or 

23 connected with the airport shall be operated and 

24 maintained in a manner the Secretary consider 

25 suitable for disaster relief. 


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1 ‘‘(B) EXCLUSION.—A disaster relief airport 

2 shall not be considered to be in violation of sub3 paragraph (A) if a runway is unuseable because 

4 the runway is under scheduled maintenance or is 

5 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 PLAN.— 

12 A disaster relief airport shall develop an emergency 

13 natural disaster management plan in coordination 

14 with local emergency response teams and first re15 sponders. 

16 ‘‘(d) CIVIL PENALTY.—A public agency that knowingly 

17 violates this section shall be liable to the United States Gov18 ernment for a civil penalty of not more than $10,000 for 

19 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 relating 

6 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 preparedness 

16 associated with maintaining airport oper17 ations 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 Homeland 

22 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 IMPROVE6 MENT 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 covered 

12 aircraft shall be treated as an aeronautical activity 

13 for purposes of— 

14 ‘‘(A) determining an airport sponsor’s com15 pliance with a grant assurance made under this 

16 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 sub20 section, the term ‘covered aircraft’ means an air21 craft— 

22 ‘‘(A) used or intended to be used exclusively 

23 for recreational purposes to be operated under 

24 appropriate regulations under title 14 of the 

25 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 large 

20 hub’’; and 

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

22 180 days after the date of enactment of this sub23 section, 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 AC5 CESS PROJECTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may authorize 

7 a passenger facility charge imposed under subsection 

8 (b)(1) to be used to finance the eligible capital costs 

9 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 con13 structing a local facility owned or operated by an eli14 gible 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 traveling 

18 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 access 

25 to or depart from the airport bears to the total 


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1 number of individuals projected to use the local 

2 facility; or 

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

5 ‘‘(4) DETERMINATIONS.—The Secretary shall de6 termine 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 for 

12 the project at the time the project is approved by the 

13 Federal Transit Administration to enter preliminary 

14 engineering to determine the projected use and cost of 

15 the project for purposes of paragraph (3). 

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

17 property, any area of which is located in a non18 attainment area (as defined under section 171 of the 

19 Clean Air Act (42 U.S.C. 7501)) for 1 or more cri20 teria pollutant, the airport emissions reductions from 

21 less airport surface transportation and parking as a 

22 direct result of the development of an intermodal 

23 project on the airport property would be eligible for 

24 air quality emissions credits.’’. 


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

3 (a) FUTURE AVIATION INFRASTRUCTURE AND FINANC4 ING STUDY.—Not later than 60 days after the date of enact5 ment of this Act, the Secretary of Transportation shall enter 

6 into an agreement with a qualified organization to conduct 

7 a study and make recommendations on the actions needed 

8 to upgrade and restore the national aviation infrastructure 

9 system to its role as a premier system that meets the grow10 ing and shifting demands of the 21st century, including air11 port infrastructure needs and existing financial resources 

12 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 for 

6 airports of different sizes; 

7 (3) the available financing tools and resources 

8 for airports in rural areas; 

9 (4) the current debt held by airports, and its im10 pact on future construction and capacity needs; 

11 (5) the impact of capacity constraints on pas12 sengers and ticket prices; 

13 (6) the purchasing power of the passenger facil14 ity charge from the last increase in 2000 to the year 

15 of enactment of this Act; 

16 (7) the impact to passengers and airports of in17 dexing the passenger facility charge for inflation; 

18 (8) how long airports are constrained with cur19 rent passenger facility charge collections; 

20 (9) the impact of passenger facility charges on 

21 promoting competition; 

22 (10) the additional resources or options to fund 

23 terminal construction projects; 

24 (11) the resources eligible for use toward noise 

25 reduction and emission reduction projects; 


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1 (12) the gap between the cost of projects eligible 

2 for the airport improvement program and the annual 

3 Federal funding provided; 

4 (13) the impact of regulatory requirements on 

5 airport infrastructure financing needs; 

6 (14) airline competition; 

7 (15) airline ancillary fees and their impact on 

8 ticket pricing and taxable revenue; and 

9 (16) 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 date 

13 of enactment of this Act, the qualified organization shall 

14 submit to the Secretary and the appropriate committees of 

15 Congress a report on its findings and recommendations. 

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

17 sums as are necessary to carry out the requirements of this 

18 section. 

19 (f) DEFINITION OF QUALIFIED ORGANIZATION.—In 

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

21 independent nonprofit organization that recommends solu22 tions to public policy challenges through objective research 

23 and analysis. 

24 SEC. 1404. AIRPORT VEHICLE EMISSIONS. 

25 Section 40117(a)(3)(G) is amended to read as follows: 


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

2 subchapter I of chapter 471 or to use cleaner 

3 burning conventional fuels, or for acquiring for 

4 use at a commercial service airport vehicles or 

5 ground support equipment that include low6 emission technology or to use cleaner burning 

7 fuels, or if the airport is located in an air qual8 ity nonattainment area (as defined in section 

9 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) 

10 or a maintenance area referred to in section 

11 175A of such Act (42 U.S.C. 7505a), a project to 

12 retrofit any such vehicles or equipment that are 

13 powered by a diesel or gasoline engine with 

14 emission control technologies certified or verified 

15 by the Environmental Protection Agency to re16 duce emissions, if such project would be able to 

17 receive emission credits for the project from the 

18 governing State or Federal environmental agency 

19 as described in section 47139.’’. 

20 SEC. 1405. USE OF PASSENGER FACILITY CHARGE REVENUE 

21 TO ENHANCE SECURITY AT AIRPORTS. 

22 Section 40117(a)(3) is amended by adding at the end 

23 the following: 

24 ‘‘(H) A project for the construction, repair, 

25 or improvement of facilities at an airport, or for 


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1 the acquisition or installation of equipment at 

2 an airport, to enhance the security of any area 

3 of the airport directly and substantially related 

4 to the movement of passengers and baggage in 

5 air transportation. Such a project shall not in6 clude the acquisition, installation, operation or 

7 maintenance of screening equipment and tech8 nology or the functions or activities of the Trans9 portation Security Administration under sub10 sections (d) and (e) of section 114.’’. 

11 TITLE II—SAFETY 

12 Subtitle A—Unmanned Aircraft 

13 Systems Reform 

14 SEC. 2001. DEFINITIONS. 

15 (a) IN GENERAL.—Unless expressly provided other16 wise, the terms used in this subtitle have the meanings given 

17 the terms in section 44801 of title 49, United States Code, 

18 as added by section 2121 of this Act. 

19 (b) DEFINITION OF CIVIL AIRCRAFT.—The term ‘‘civil 

20 aircraft’’ has the meaning given the term in section 40102 

21 of title 49, United States Code. 


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1 PART I—PRIVACY AND TRANSPARENCY 

2 SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POL3 ICY. 

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

5 of any unmanned aircraft or unmanned aircraft system 

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

7 personal privacy consistent with the United States Con8 stitution and Federal, State, and local law. 

9 SEC. 2102. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) each person that uses an unmanned aircraft 

12 system for compensation or hire, or in the furtherance 

13 of a business enterprise, except for news gathering, 

14 should have a written privacy policy consistent with 

15 section 2101 that is appropriate to the nature and 

16 scope of the activities regarding the collection, use, re17 tention, dissemination, and deletion of any data col18 lected during the operation of an unmanned aircraft 

19 system; 

20 (2) each privacy policy described in paragraph 

21 (1) should be periodically reviewed and updated as 

22 necessary; and 

23 (3) each privacy policy described in paragraph 

24 (1) should be publicly available. 


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1 SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY. 

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

3 an unmanned aircraft system for compensation or hire, or 

4 in the furtherance of a business enterprise, in the national 

5 airspace system shall be an unfair and deceptive practice 

6 in violation of section 5(a) of the Federal Trade Commis7 sion Act (15 U.S.C. 45(a)). 

8 SEC. 2104. COMMERCIAL AND GOVERNMENTAL OPERATORS. 

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

10 section 44808 of title 49, United States Code, in authorizing 

11 the operation of any public unmanned aircraft system or 

12 the operation of any unmanned aircraft system by a person 

13 conducting civil aircraft operations, the Administrator of 

14 the Federal Aviation Administration, to the extent prac15 ticable and consistent with applicable law and without 

16 compromising national security, homeland defense, or law 

17 enforcement, shall make the identifying information in sub18 section (b) available to the public via an easily searchable 

19 online database. The Administrator shall place a clear and 

20 conspicuous link to the database on the home page of the 

21 Federal Aviation Administration’s website. 

22 (b) CONTENTS.—The database described in subsection 

23 (a) shall contain the following: 

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

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1 manned aircraft systems operations described in sub2 section (a). 

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

4 aircraft system described in paragraph (1). 

5 (3) The expiration date of any authorization re6 lated to a person identified in paragraph (1) or para7 graph (2). 

8 (4) The contact information for each person 

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

10 telephone number and an electronic mail address, in 

11 accordance with applicable privacy laws. 

12 (5) The tail number or specific identification 

13 number of all unmanned aircraft authorized for use 

14 that links each unmanned aircraft to the owner of 

15 that aircraft. 

16 (6) For any unmanned aircraft system, except 

17 those operated for news gathering activities protected 

18 by the First Amendment to the Constitution of the 

19 United States, that will collect personally identifiable 

20 information about individuals, including the use of 

21 facial recognition— 

22 (A) the circumstance under which the sys23 tem will be used; 


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1 (B) the specific kinds of personally identifi2 able information that the system will collect 

3 about individuals; and 

4 (C) how the information referred to in sub5 paragraph (B), and the conclusions drawn from 

6 such information, will be used, disclosed, and 

7 otherwise handled, including— 

8 (i) how the collection or retention of 

9 such information that is unrelated to the 

10 specific use will be minimized; 

11 (ii) under what circumstances such in12 formation might be sold, leased, or otherwise 

13 provided to third parties; 

14 (iii) the period during which such in15 formation will be retained; 

16 (iv) when and how such information, 

17 including information no longer relevant to 

18 the specified use, will be destroyed; and 

19 (v) steps that will be used to protect 

20 against the unauthorized disclosure of any 

21 information or data, such as the use of 

22 encryption methods and other security fea23 tures. 

24 (7) With respect to public unmanned aircraft 

25 systems— 


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1 (A) the locations where the unmanned air2 craft system will operate; 

3 (B) the time during which the unmanned 

4 aircraft system will operate; 

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

6 (D) the technical capabilities that the un7 manned aircraft system possesses. 

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

9 (b)(1), to the extent practicable without compromising na10 tional security, homeland defense, or law enforcement shall 

11 maintain and make available to the Administrator for not 

12 less than 1 year a record of the name and contact informa13 tion of each person on whose behalf the unmanned aircraft 

14 system has been operated. 

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

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

17 enactment of this Act. 

18 (e) TERMINATION.—The Administrator may cease the 

19 operation of such database on the earlier of— 

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

21 guidance regarding identification standards under 

22 section 2202 of the FAA Extension Safety and Secu23 rity Act of 2016 (Public Law 114-190; 130 Stat. 

24 615); or 

25 (2) September 30, 2021. 


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1 SEC. 2105. ANALYSIS OF CURRENT REMEDIES UNDER FED2 ERAL, STATE, AND LOCAL JURISDICTIONS. 

3 Not later than 1 year after the date of enactment of 

4 this Act, the Comptroller General of the United States shall 

5 conduct and submit to the appropriate committees of Con6 gress a review of the privacy issues and concerns associated 

7 with the operation of unmanned aircraft systems in the na8 tional airspace system that— 

9 (1) examines and identifies the existing Federal, 

10 State, or local laws, including constitutional law, that 

11 address an individual’s personal privacy; 

12 (2) identifies specific issues and concerns that 

13 may limit the availability of existing civil or crimi14 nal legal remedies regarding inappropriate operation 

15 of unmanned aircraft systems in the national air16 space system; 

17 (3) identifies any deficiencies in current Federal, 

18 State, or local privacy protections; and 

19 (4) recommends legislative or other actions to ad20 dress the limitations and deficiencies identified in 

21 paragraphs (2) and (3). 

22 PART II—UNMANNED AIRCRAFT SYSTEMS 

23 SEC. 2121. DEFINITIONS. 

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

25 by inserting after chapter 447 the following: 


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1 ‘‘CHAPTER 448—UNMANNED AIRCRAFT 

2 SYSTEMS 

‘‘Sec. 

‘‘44801. Definitions. 

3 ‘‘§ 44801. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) ‘appropriate committees of Congress’ means 

6 the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transpor8 tation and Infrastructure of the House of Representa9 tives. 

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

11 Chukchi Sea, Beaufort Sea, and Bering Sea north of 

12 the Aleutian chain. 

13 ‘‘(3) ‘certificate of waiver’ and ‘certificate of au14 thorization’ mean a Federal Aviation Administration 

15 grant of approval for a specific flight operation. 

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

17 water that provide for launch, recovery, and oper18 ation of small unmanned aircraft. 

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

20 an unmanned aircraft system that meets the quali21 fications and conditions required for operation of a 

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

23 ‘‘(6) ‘sense and avoid capability’ means the ca24 pability of an unmanned aircraft to remain a safe 


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1 distance from and to avoid collisions with other air2 borne aircraft. 

3 ‘‘(7) ‘small unmanned aircraft’ means an un4 manned aircraft weighing less than 55 pounds, in5 cluding the weight of anything attached to or carried 

6 by the aircraft. 

7 ‘‘(8) ‘test range’ means a defined geographic area 

8 where research and development are conducted as au9 thorized by the Administrator of the Federal Aviation 

10 Administration. 

11 ‘‘(9) ‘test site’ means any of the 6 test ranges es12 tablished by the Administrator of the Federal Avia13 tion Administration under section 332(c) of the FAA 

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

15 40101 note), as in effect on the day before the date 

16 of enactment of the Federal Aviation Administration 

17 Reauthorization Act of 2017, and any public entity 

18 authorized by the Federal Aviation Administration as 

19 an unmanned aircraft system flight test center before 

20 January 1, 2009. 

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

22 that is operated without the possibility of direct 

23 human intervention from within or on the aircraft. 

24 ‘‘(11) ‘unmanned aircraft system’ means an un25 manned aircraft and associated elements (including 


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1 communication links and the components that control 

2 the unmanned aircraft) that are required for the oper3 ator to operate safely and efficiently in the national 

4 airspace system.’’. 

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

6 subtitle VII is amended by inserting after the item relating 

7 to chapter 447 the following: 

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

8 SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM 

9 TEST SITES. 

10 (a) IN GENERAL.—Chapter 448, as designated by sec11 tion 2121 of this Act, is amended by inserting after section 

12 44801 the following: 

13 ‘‘§ 44802. Unmanned aircraft system test sites 

14 ‘‘(a)(1) IN GENERAL.—The Administrator of the Fed15 eral Aviation Administration shall establish and update, as 

16 appropriate, a program for the use of the test sites to facili17 tate the safe integration of unmanned aircraft systems into 

18 the national airspace system. 

19 ‘‘(2) TERMINATION.—The program shall termi20 nate on September 30, 2024. 

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

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

23 ‘‘(1) designate airspace for safely testing the in24 tegration of unmanned flight operations in the na25 tional airspace system; 


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1 ‘‘(2) develop operational standards and air traf2 fic requirements for unmanned flight operations at 

3 test sites, including test ranges; 

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

5 of the National Aeronautics and Space Administra6 tion and the Department of Defense; 

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

8 aircraft systems; 

9 ‘‘(5) ensure that the program is coordinated with 

10 relevant aspects of the Next Generation Air Transpor11 tation System; 

12 ‘‘(6) provide for verification of the safety of un13 manned aircraft systems and related navigation pro14 cedures as it relates to continued development of 

15 standards for integration into the national airspace 

16 system; 

17 ‘‘(7) engage each test site operator in projects for 

18 research, development, testing, and evaluation of un19 manned aircraft systems to facilitate the Federal 

20 Aviation Administration’s development of standards 

21 for the safe integration of unmanned aircraft into the 

22 national airspace system, which may include solu23 tions for— 

24 ‘‘(A) developing and enforcing geographic 

25 and altitude limitations; 


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1 ‘‘(B) classifications of airspace where man2 ufacturers must prevent flight of an unmanned 

3 aircraft system; 

4 ‘‘(C) classifications of airspace where manu5 facturers of unmanned aircraft systems must 

6 alert the operator to hazards or limitations on 

7 flight; 

8 ‘‘(D) sense and avoid capabilities; 

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

10 nighttime operations, operations over people, and 

11 unmanned aircraft systems traffic management, 

12 or other critical research priorities; and 

13 ‘‘(F) improving privacy protections through 

14 the use of advances in unmanned aircraft sys15 tems technology; 

16 ‘‘(8) coordinate periodically with all test site op17 erators to ensure test site operators know which data 

18 should be collected, what procedures should be fol19 lowed, and what research would advance efforts to 

20 safely integrate unmanned aircraft systems into the 

21 national airspace system; 

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

23 ranges within the test site; 

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

25 sites when processing unmanned aircraft certificates 


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1 of waiver or authorization for operations at the test 

2 sites; 

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

4 proprietary technology, sensitive data, or sensitive re5 search of any civil or private entity when using that 

6 test site without the need to obtain an experimental 

7 or special airworthiness certificate; 

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

9 more small unmanned aircraft systems beyond the 

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

11 testing under controlled conditions that ensure the 

12 safety of persons and property, including on the 

13 ground; and 

14 ‘‘(13) allow test site operators to receive Federal 

15 funding, other than from the Federal Aviation Ad16 ministration, including in-kind contributions, from 

17 test site participants in the furtherance of research, 

18 development, and testing objectives. 

19 ‘‘(c) TEST SITE LOCATIONS.—In determining the loca20 tion of a test site under subsection (a), the Administrator 

21 shall— 

22 ‘‘(1) take into consideration geographic and cli23 matic diversity; 

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

25 ground infrastructure and research needs; and 


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1 ‘‘(3) consult with the Administrator of the Na2 tional Aeronautics and Space Administration and the 

3 Secretary of Defense. 

4 ‘‘(d) REPORT TO CONGRESS.— 

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

6 the date of enactment of the Federal Aviation Admin7 istration Reauthorization Act of 2017, the Adminis8 trator shall submit to the appropriate committees of 

9 Congress a report on the establishment and implemen10 tation of the program under subsection (a). 

11 ‘‘(2) BRIEFINGS.—Beginning 180 days after the 

12 date of enactment of the Federal Aviation Adminis13 tration Reauthorization Act of 2017, and every 180 

14 days thereafter until September 30, 2024, the Admin15 istrator shall provide to the appropriate committees of 

16 Congress a briefing that includes— 

17 ‘‘(A) a current summary of unmanned air18 craft systems operations at the test sites since the 

19 last briefing to Congress; 

20 ‘‘(B) a description of all of the data gen21 erated from the operations described in subpara22 graph (A), and shared with the Federal Aviation 

23 Administration through a cooperative research 

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1 tems research priorities, including beyond visual 

2 line of sight operations, nighttime operations, 

3 operations over people, sense and avoid tech4 nology, and unmanned aircraft systems traffic 

5 management; 

6 ‘‘(C) a description of how the data described 

7 in subparagraph (B) will be or is used— 

8 ‘‘(i) to advance Federal Aviation Ad9 ministration priorities; 

10 ‘‘(ii) to validate the safety of un11 manned aircraft systems and related tech12 nology; and 

13 ‘‘(iii) to inform future rulemaking re14 lated to the integration of unmanned air15 craft systems into the national airspace; 

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

17 specific outcomes from activities at the test sites 

18 that support the safe integration of unmanned 

19 aircraft systems under this chapter; and 

20 ‘‘(E) recommendations for future Federal 

21 Aviation Administration test site operations that 

22 would generate data necessary to inform future 

23 rulemaking related to unmanned aircraft sys24 tems. 


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1 ‘‘(e) REVIEW OF OPERATIONS BY TEST SITE OPERA2 TORS.—The operator of each test site under subsection (a) 

3 shall— 

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

5 systems conducted at the test site, including— 

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

7 ‘‘(B) data regarding operations by private 

8 and public operators; and 

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

10 and manner as specified by the Administrator, the re11 sults of the review, including recommendations to fur12 ther enable private research and development oper13 ations at the test sites that contribute to the Federal 

14 Aviation Administration’s safe integration of un15 manned aircraft systems into the national airspace 

16 system, on a quarterly basis until the program termi17 nates. 

18 ‘‘(f) TESTING.—The Secretary may authorize an oper19 ator of a test site described in subsection (a) to administer 

20 testing requirements established by the Administrator for 

21 unmanned aircraft systems operations. 

22 ‘‘(g) COLLABORATIVE RESEARCH AND DEVELOPMENT

23 AGREEMENTS.—The Administrator may use the other 

24 transaction authority under section 106(l)(6) and enter 

25 into collaborative research and development agreements, to 


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1 direct research related to unmanned aircraft systems, in2 cluding at any test site under subsection (a), and in coordi3 nation with the Center of Excellence for Unmanned Aircraft 

4 Systems. 

5 ‘‘(h) USE OF CENTER OF EXCELLENCE FOR UN6 MANNED AIRCRAFT SYSTEMS.—The Administrator, in car7 rying out research necessary to establish the consensus safe8 ty standards requirements in section 44803 shall, to the 

9 maximum extent practicable, leverage the research and test10 ing capacity and capabilities of the Center of Excellence 

11 for Unmanned Aircraft Systems and the test sites.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

14 for chapter 448, as added by section 2121 of this Act, 

15 is further amended by inserting after the item relat16 ing to section 44801 the following: 

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

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

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

19 40101 note) is amended by striking subsection (c). 

20 SEC. 2123. SMALL UNMANNED AIRCRAFT SAFETY STAND21 ARDS. 

22 (a) IN GENERAL.—Chapter 448, as amended by sec23 tion 2122 of this Act, is further amended by inserting after 

24 section 44802 the following: 


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1 ‘‘§ 44803. Small unmanned aircraft safety standards 

2 ‘‘(a) CONSENSUS SAFETY STANDARDS.— 

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

4 the date of enactment of the Federal Aviation Admin5 istration Reauthorization Act of 2017, the Adminis6 trator of the Federal Aviation Administration shall 

7 charter an aviation rulemaking advisory committee to 

8 develop recommendations for the following: 

9 ‘‘(A) Risk-based, consensus safety standards 

10 related to the safe integration of small un11 manned aircraft systems into the national air12 space system (referred to in this section as ‘con13 sensus safety standards’) that can evolve or be 

14 updated as appropriate. 

15 ‘‘(B) A Federal Aviation Administration 

16 process for permitting, authorizing, or approving 

17 small unmanned aircraft systems and their oper18 ations based on the safety standards to be accept19 ed by the Administrator under this section. 

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

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

22 rulemaking advisory committee chartered under this 

23 subsection. 

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

25 consensus safety standards under subsection (a) the memVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 bers of the aviation rulemaking advisory committee shall 

2 consider the following: 

3 ‘‘(1) Technologies or standards related to geo4 graphic limitations, altitude limitations, and sense 

5 and avoid capabilities. 

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

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

8 the event that a communications link between a small 

9 unmanned aircraft and its operator is lost or com10 promised. 

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

12 the Federal Aviation Administration, and air traffic 

13 controllers, as appropriate. 

14 ‘‘(5) Means to prevent tampering with or modi15 fication of any system, limitation, or other safety 

16 mechanism or standard under this section or any 

17 other provision of law, including a means to identify 

18 any tampering or modification that has been made. 

19 ‘‘(6) Consensus identification standards under 

20 section 2202 of the FAA Extension Safety and Secu21 rity Act of 2016 (Public Law 114–190; 130 Stat. 

22 615), including for model aircraft operations author23 ized under section 44808. 

24 ‘‘(7) Cost-benefit and risk analyses regarding up25 dates to or modifications of small unmanned aircraft 


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1 systems that were commercially distributed prior to 

2 the development of the consensus safety standards so 

3 that, to the greatest extent practicable, such systems 

4 meet consensus safety standards that may be accepted 

5 pursuant to subsection (d). 

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

7 safety standards that may be accepted pursuant to 

8 subsection (d) for newly designed small unmanned 

9 aircraft systems. 

10 ‘‘(9) Applicability of consensus safety standards 

11 to small unmanned aircraft systems that are not com12 mercially distributed, including home-built small un13 manned aircraft systems. 

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

15 small unmanned aircraft systems that promotes avia16 tion safety. 

17 ‘‘(11) Any category of unmanned aircraft sys18 tems that should be exempt from the consensus safety 

19 standards based on risk factors. 

20 ‘‘(c) CONSULTATION.—In developing recommendations 

21 for consensus safety standards under subsection (a), the 

22 Aviation Rulemaking Committee shall consult with— 

23 ‘‘(1) unmanned aircraft systems stakeholders, in24 cluding manufacturers of varying sizes of unmanned 

25 aircraft; 


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

2 ‘‘(3) the Center of Excellence for Unmanned Air3 craft Systems; 

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

5 44802; 

6 ‘‘(5) the Administrator of the National Aero7 nautics and Space Administration; 

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

9 ‘‘(7) the leaders of appropriate standards devel10 opment organizations, including the President of 

11 RTCA, Inc. and the Director of the National Institute 

12 for Standards and Technology. 

13 ‘‘(d) FAA PROCESS FOR ACCEPTANCE AND AUTHOR14 IZATION.—Not later than 180 days after the date of receipt 

15 of the recommendations under subsection (a)(2), the Admin16 istrator of the Federal Aviation Administration shall estab17 lish a process based on those recommendations for— 

18 ‘‘(1) the acceptance by the Federal Aviation Ad19 ministration of consensus safety standards rec20 ommended under subsection (a)(1); 

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

22 small unmanned aircraft systems makes and models 

23 based upon the consensus safety standards accepted 

24 under paragraph (1); 


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1 ‘‘(3) the certification of a manufacturer of small 

2 unmanned aircraft systems that has demonstrated 

3 compliance with consensus safety standards accepted 

4 under subsection (d)(1), which shall allow the Admin5 istrator to enable the self-certification by a manufac6 turer of small unmanned aircraft systems to the 

7 standards; and 

8 ‘‘(4) the certification of a manufacturer of small 

9 unmanned aircraft systems, or an employee of such 

10 manufacturer, that has demonstrated compliance with 

11 the consensus safety standards developed under sub12 section (a) and accepted under subsection (d)(1) and 

13 met any other qualifying criteria, as determined by 

14 the Administrator, to alternatively satisfy the require15 ments of paragraph (2). 

16 ‘‘(e) NONAPPLICABILITY OF OTHER LAWS.—The proc17 ess for permitting, authorizing, or approving the operation 

18 of small unmanned aircraft systems under subsection (d) 

19 shall allow for operation of any applicable small unmanned 

20 aircraft systems within the national airspace system with21 out requiring— 

22 ‘‘(1) airworthiness certification requirements 

23 under section 44704 of this title; and 

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

25 title 14, Code of Federal Regulations. 


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

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

3 operations authorized under section 44808. 

4 ‘‘(g) REVOCATION.—The Administrator may revoke the 

5 permission, authorization, or approval in subsection (d) if 

6 the Administrator determines that the manufacturer is no 

7 longer in compliance with the standards accepted by the 

8 Administrator under subsection (d)(1). 

9 ‘‘(h) REQUIREMENTS.—With regard to a permit, au10 thorization, or approval under the process in subsection (d), 

11 the Administrator may require a manufacturer of small un12 manned aircraft systems to provide the FAA with the fol13 lowing: 

14 ‘‘(1) The aircraft system’s operating instructions. 

15 ‘‘(2) The aircraft system’s recommended mainte16 nance and inspection procedures. 

17 ‘‘(3) The manufacturer’s statement of compliance 

18 described in subsection (i). 

19 ‘‘(4) Upon request, a sample aircraft to be in20 spected by the Federal Aviation Administration to en21 sure compliance with the consensus safety standards 

22 accepted by the Administrator under subsection (d). 

23 ‘‘(i) MANUFACTURER’S STATEMENT OF COMPLIANCE

24 FOR SMALL UAS.—A manufacturer’s statement of compli25 ance shall— 


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1 ‘‘(1) identify the aircraft make and model, and 

2 any applicable consensus safety standards used; 

3 ‘‘(2) state that the aircraft make and model 

4 meets the provisions of the consensus safety standards 

5 identified in paragraph (1); 

6 ‘‘(3) state that the aircraft make and model con7 forms to the manufacturer’s design data and is manu8 factured in a way that ensures consistency across 

9 units in the production process in order to meet the 

10 applicable consensus safety standards accepted by the 

11 Administrator; 

12 ‘‘(4) state that the manufacturer will make 

13 available to any interested person— 

14 ‘‘(A) the aircraft’s operating instructions, 

15 that meet the consensus safety standards identi16 fied in paragraph (1); and 

17 ‘‘(B) the aircraft’s recommended mainte18 nance and inspection procedures, that meet the 

19 consensus safety standards identified in para20 graph (1); 

21 ‘‘(5) state that the manufacturer will monitor 

22 safety-of-flight issues to ensure it meets the consensus 

23 safety standards identified in paragraph (1); 

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1 cess for the Administrator to its facilities for the pur2 poses of overseeing compliance with this section; 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 performance 

9 acceptable; and 

10 ‘‘(C) determined that the make and model of 

11 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 know19 ingly introduce or deliver for introduction into inter20 state commerce any small unmanned aircraft system 

21 for which standards developed under subsection (d) 

22 are accepted and are applicable, and are manufac23 tured after the date that the Administrator accepts 

24 any applicable safety standards under this section 

25 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 the 

10 visual line of sight of the operator through advanced flight 

11 systems and technology, if the Administrator determines 

12 that such an exemption does not pose a risk to the safety 

13 of the national airspace system.’’. 

14 (b) UNMANNED AIRCRAFT SYSTEMS RESEARCH FACIL15 ITY.—The Center of Excellence for Unmanned Aircraft Sys16 tems shall establish an unmanned aircraft systems research 

17 facility to study appropriate safety standards for un18 manned aircraft systems and to validate such standards, 

19 as directed by the Administrator of the Federal Aviation 

20 Administration, consistent with section 44803 of title 49, 

21 United States Code, as added by this section. 

22 (c) TABLE OF CONTENTS.—The table of contents for 

23 chapter 448, as amended by section 2122 of this Act, is fur24 ther amended by inserting after the item relating to section 

25 44802 the following: 

‘‘44803. Small unmanned aircraft safety standards.’’. 


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1 SEC. 2124. SMALL UNMANNED AIRCRAFT IN THE ARCTIC. 

2 (a) IN GENERAL.—Chapter 448, as amended by sec3 tion 2123 of this Act, is further amended by inserting after 

4 section 44803 the following: 

5 ‘‘§ 44804. Small unmanned aircraft in the Arctic 

6 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

7 shall develop a plan and initiate a process to work with 

8 relevant Federal agencies and national and international 

9 communities to designate permanent areas in the Arctic 

10 where small unmanned aircraft may operate 24 hours per 

11 day for research and commercial purposes. 

12 ‘‘(b) PLAN CONTENTS.—The plan under subsection (a) 

13 shall include the development of processes to facilitate the 

14 safe operation of small unmanned aircraft beyond the vis15 ual line of sight. 

16 ‘‘(c) REQUIREMENTS.—Each permanent area des17 ignated under subsection (a) shall enable over-water flights 

18 from the surface to at least 2,000 feet in altitude, with in19 gress and egress routes from selected coastal launch sites. 

20 ‘‘(d) AGREEMENTS.—To implement the plan under 

21 subsection (a), the Secretary may enter into an agreement 

22 with relevant national and international communities. 

23 ‘‘(e) AIRCRAFT APPROVAL.— 

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

25 not later than 1 year after the entry into force of an 

26 agreement necessary to effectuate the purposes of this 


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1 section, the Secretary shall work with relevant na2 tional and international communities to establish and 

3 implement a process for approving the use of a small 

4 unmanned aircraft in the designated permanent areas 

5 in the Arctic without regard to whether the small un6 manned aircraft is used as a public aircraft, a civil 

7 aircraft, or a model aircraft. 

8 ‘‘(2) EXISTING PROCESS.—The Secretary may 

9 implement an existing process to meet the require10 ments under paragraph (1).’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

13 for chapter 448, as amended by section 2123 of this 

14 Act, is further amended by inserting after the item re15 lating to section 44803 the following: 

‘‘44804. Small unmanned aircraft in the Arctic.’’. 

16 (2) EXPANDING USE OF UNMANNED AIRCRAFT

17 SYSTEMS IN ARCTIC.—Section 332 of the FAA Mod18 ernization and Reform Act of 2012 (49 U.S.C. 40101 

19 note) is amended by striking subsection (d). 

20 SEC. 2125. SPECIAL AUTHORITY FOR CERTAIN UNMANNED 

21 AIRCRAFT SYSTEMS. 

22 (a) IN GENERAL.—Chapter 448, as amended by sec23 tion 2124 of this Act, is further amended by inserting after 

24 section 44804 the following: 


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1 ‘‘§ 44805. Special authority for certain unmanned air2 craft systems 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other re4 quirement of this chapter, the Secretary of Transportation 

5 shall use a risk-based approach to determine if certain un6 manned aircraft systems may operate safely in the national 

7 airspace system notwithstanding completion of the com8 prehensive plan and rulemaking required by section 332 of 

9 the FAA Modernization and Reform Act of 2012 (49 U.S.C. 

10 40101 note) or the guidance required by section 44807. 

11 ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT SYS12 TEMS.—In making the determination under subsection (a), 

13 the Secretary shall determine, at a minimum— 

14 ‘‘(1) which types of unmanned aircraft systems, 

15 if any, as a result of their size, weight, speed, oper16 ational capability, proximity to airports and popu17 lated areas, operation over people, and operation 

18 within or beyond the visual line of sight, or operation 

19 during the day or night, do not create a hazard to 

20 users of the national airspace system or the public; 

21 and 

22 ‘‘(2) whether a certificate under section 44703 or 

23 section 44704 of this title, or a certificate of waiver 

24 or certificate of authorization, is required for the op25 eration of unmanned aircraft systems identified 

26 under paragraph (1) of this subsection. 


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1 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

2 Secretary determines under this section that certain un3 manned aircraft systems may operate safely in the national 

4 airspace system, the Secretary shall establish requirements 

5 for the safe operation of such aircraft systems in the na6 tional airspace system, including operation related to re7 search, development, and testing of proprietary systems. 

8 ‘‘(d) PILOT CERTIFICATION EXEMPTION.—If the Sec9 retary proposes, under this section, to require an operator 

10 of an unmanned aircraft system to hold an airman certifi11 cate, a medical certificate, or to have a minimum number 

12 of hours operating a manned aircraft, the Secretary shall 

13 set forth the reasoning for such proposal and seek public 

14 notice and comment before imposing any such require15 ments. 

16 ‘‘(e) SUNSET.—The authority under this section for the 

17 Secretary to determine if certain unmanned aircraft sys18 tems may operate safely in the national airspace system 

19 terminates effective September 30, 2021.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

22 for chapter 448, as amended by section 2124 of this 

23 Act, is further amended by inserting after the item re24 lating to section 44804 the following: 

‘‘44805. Special authority for certain unmanned aircraft systems.’’. 


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1 (2) SPECIAL RULES FOR CERTAIN UNMANNED

2 AIRCRAFT SYSTEMS.—Section 333 of the FAA Mod3 ernization and Reform Act of 2012 (49 U.S.C. 40101 

4 note) and the item relating to that section in the table 

5 of contents under section 1(b) of that Act (126 Stat. 

6 13) are repealed. 

7 SEC. 2126. ADDITIONAL RULEMAKING AUTHORITY. 

8 (a) SENSE OF CONGRESS.—It is the sense of Congress 

9 that— 

10 (1) beyond visual line of sight operations, night11 time operations, and operations over people of un12 manned aircraft systems have tremendous potential— 

13 (A) to enhance both commercial and aca14 demic use; 

15 (B) to spur economic growth and develop16 ment through innovative applications of this 

17 emerging technology; and 

18 (C) to improve emergency response efforts as 

19 it relates to assessing damage to critical infra20 structure such as roads, bridges, and utilities, in21 cluding water and power, ultimately speeding re22 sponse time; 

23 (2) advancements in miniaturization of safety 

24 technologies, including for aircraft weighing under 

25 4.4 pounds, have increased economic opportunities for 


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1 using unmanned aircraft systems while reducing ki2 netic energy and risk compared to unmanned aircraft 

3 that may weigh 4.4 pounds or more, but less than 55 

4 pounds; 

5 (3) advancements in unmanned technology will 

6 have the capacity to ultimately improve manned air7 craft safety; and 

8 (4) integrating unmanned aircraft systems safely 

9 into the national airspace, including beyond visual 

10 line of sight operations, nighttime operations on a 

11 routine basis, and operations over people should re12 main a top priority for the Federal Aviation Admin13 istration as it pursues additional rulemakings under 

14 the amendments made by this section. 

15 (b) IN GENERAL.—Chapter 448, as amended by section 

16 2125 of this Act, is further amended by inserting after sec17 tion 44805 the following: 

18 ‘‘§ 44806. Additional rulemaking authority 

19 ‘‘(a) IN GENERAL.—Notwithstanding the rulemaking 

20 required by section 332 of the FAA Modernization and Re21 form Act of 2012 (49 U.S.C. 40101 note) or the guidance 

22 required by section 44807 of this title and subject to sub23 section (b)(2) of this section and section 44808, the Admin24 istrator may issue regulations under which a person may 


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1 operate certain unmanned aircraft systems (as determined 

2 by the Administrator) in the United States— 

3 ‘‘(1) without an airman certificate; 

4 ‘‘(2) without an airworthiness certificate for the 

5 associated unmanned aircraft; or 

6 ‘‘(3) that are not registered with the Federal 

7 Aviation Administration. 

8 ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS OPER9 ATIONAL RULES.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding the rule11 making required by section 332 of the FAA Mod12 ernization and Reform Act of 2012 (49 U.S.C. 40101 

13 note), the Administrator shall issue regulations not 

14 later than 270 days after the date of enactment of the 

15 Federal Aviation Administration Reauthorization Act 

16 of 2017 under which any person may operate a micro 

17 unmanned aircraft system classification of unmanned 

18 aircraft systems, the aircraft component of which 

19 weighs 4.4 pounds or less, including payload, without 

20 the person operating the system being required to pass 

21 any airman certification requirement, including any 

22 requirements under section 44703 of this title, part 61 

23 of title 14, Code of Federal Regulations, or any other 

24 rule or regulation relating to airman certification. 


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1 ‘‘(2) OPERATIONAL RULES.—The rulemaking re2 quired by paragraph (1) relating to micro unmanned 

3 aircraft systems shall consider the following rules, or 

4 any appropriate modifications thereof concerning al5 titude, airspeed, geographic location, and time of day 

6 as the Administrator considers appropriate, for oper7 ation of such systems: 

8 ‘‘(A) Operation at an altitude of less than 

9 400 feet above ground level. 

10 ‘‘(B) Operation with an airspeed of not 

11 greater than 40 knots. 

12 ‘‘(C) Operation within the visual line of 

13 sight of the operator. 

14 ‘‘(D) Operation during the hours between 

15 sunrise and sunset. 

16 ‘‘(E) Operation not less than 5 statute miles 

17 from the geographic center of an airport with an 

18 operational air traffic control tower or an air19 port denoted on a current aeronautical chart 

20 published by the Federal Aviation Administra21 tion, except that a micro unmanned aircraft sys22 tem may be operated within 5 statute miles of 

23 such an airport if the operator of the system— 

24 ‘‘(i) provides notice to the airport oper25 ator; and 


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1 ‘‘(ii) in the case of an airport with an 

2 operational air traffic control tower, re3 ceives approval from the air traffic control 

4 tower. 

5 ‘‘(c) SCOPE OF REGULATIONS.— 

6 ‘‘(1) IN GENERAL.—In determining whether a 

7 person may operate an unmanned aircraft system 

8 under 1 or more of the circumstances described under 

9 paragraphs (1) through (3) of subsection (a), the Ad10 ministrator shall use a risk-based approach and con11 sider, at a minimum, the physical and functional 

12 characteristics of the micro unmanned aircraft sys13 tem. 

14 ‘‘(2) LIMITATION.—The Administrator may only 

15 issue regulations under this section for micro un16 manned aircraft systems that the Administrator de17 termines may be operated safely in the national air18 space system. 

19 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this sec20 tion may be construed— 

21 ‘‘(1) to prohibit a person from operating a micro 

22 unmanned aircraft system under a circumstance de23 scribed under paragraphs (1) through (3) of sub24 section (a) if— 


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1 ‘‘(A) the circumstance is allowed by regula2 tions issued under this section; and 

3 ‘‘(B) the person operates the micro un4 manned aircraft system in a manner prescribed 

5 by the regulations; and 

6 ‘‘(2) to limit or affect in any way the Adminis7 trator’s authority to conduct a rulemaking, make a 

8 determination, or carry out any activity related to 

9 unmanned aircraft or unmanned aircraft systems 

10 under any other provision of law.’’. 

11 (c) TABLE OF CONTENTS.—The table of contents for 

12 chapter 448, as amended by section 2125 of this Act, is fur13 ther amended by inserting after the item relating to section 

14 44805 the following: 

‘‘44806. Additional rulemaking authority.’’. 

15 SEC. 2127. GOVERNMENTAL UNMANNED AIRCRAFT SYS16 TEMS. 

17 (a) IN GENERAL.—Chapter 448, as amended by sec18 tion 2126 of this Act, is further amended by inserting after 

19 section 44806 the following: 

20 ‘‘§ 44807. Public unmanned aircraft systems 

21 ‘‘(a) GUIDANCE.—The Secretary of Transportation 

22 shall issue guidance regarding the operation of a public un23 manned aircraft system— 


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1 ‘‘(1) to streamline the process for the issuance of 

2 a certificate of authorization or a certificate of waiv3 er; 

4 ‘‘(2) to provide for a collaborative process with 

5 public agencies to allow for an incremental expansion 

6 of access to the national airspace system as technology 

7 matures and the necessary safety analyses and data 

8 become available, and until standards are completed 

9 and technology issues are resolved; 

10 ‘‘(3) to facilitate the capability of public agencies 

11 to develop and use test ranges, subject to operating re12 strictions required by the Federal Aviation Adminis13 tration, to test and operate public unmanned aircraft 

14 systems; and 

15 ‘‘(4) to provide guidance on a public agency’s re16 sponsibilities when operating an unmanned aircraft 

17 without a civil airworthiness certificate issued by the 

18 Administration. 

19 ‘‘(b) STANDARDS FOR OPERATION AND CERTIFI20 CATION.—The Administrator of the Federal Aviation Ad21 ministration shall develop and implement an operations 

22 and certification program for the operators of public un23 manned aircraft systems in the national airspace system. 

24 ‘‘(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall enter 

2 into an agreement with each appropriate public agen3 cy to simplify the process for issuing a certificate of 

4 waiver or a certificate of authorization with respect 

5 to an application for authorization to operate a pub6 lic unmanned aircraft system in the national air7 space system. 

8 ‘‘(2) CONTENTS.—An agreement under para9 graph (1) shall— 

10 ‘‘(A) with respect to an application de11 scribed in paragraph (1)— 

12 ‘‘(i) provide for an expedited review of 

13 the application; 

14 ‘‘(ii) require a decision by the Admin15 istrator on approval or disapproval not 

16 later than 60 business days after the date of 

17 submission of the application; 

18 ‘‘(iii) allow for an expedited appeal if 

19 the application is disapproved; and 

20 ‘‘(iv) if applicable, include verification 

21 of the data minimization policy required 

22 under subsection (d); 

23 ‘‘(B) allow for a one-time approval of simi24 lar operations carried out during a fixed period 

25 of time; and 


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1 ‘‘(C) allow a government public safety agen2 cy to operate an unmanned aircraft weighing 25 

3 pounds or less if that unmanned aircraft is oper4 ated— 

5 ‘‘(i) within or beyond the visual line of 

6 sight of the operator; 

7 ‘‘(ii) less than 400 feet above the 

8 ground; 

9 ‘‘(iii) during daylight conditions; 

10 ‘‘(iv) within Class G airspace; and 

11 ‘‘(v) outside of 5 statute miles from 

12 any airport, heliport, seaplane base, space13 port, or other location with aviation activi14 ties. 

15 ‘‘(d) DATA MINIMIZATION FOR CERTAIN PUBLIC UN16 MANNED AIRCRAFT SYSTEM OPERATORS.—Not later than 

17 180 days after the date of enactment of the Federal Aviation 

18 Administration Reauthorization Act of 2017 each Federal 

19 agency authorized by the Secretary to operate an unmanned 

20 aircraft system shall develop and update a data minimiza21 tion policy that requires, at a minimum, that— 

22 ‘‘(1) prior to the deployment of any new un23 manned aircraft system technology, and at least every 

24 3 years, existing policies and procedures relating to 

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1 formation obtained by an unmanned aircraft system 

2 must be examined to ensure that privacy, civil rights, 

3 and civil liberties are protected; 

4 ‘‘(2) if the unmanned aircraft system is the plat5 form for information collection, information must be 

6 collected, used, retained, and disseminated consistent 

7 with the Constitution, Federal law, and other appli8 cable regulations and policies, such as section 552a of 

9 title 5 (commonly known as the Privacy 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 an 

15 authorized purpose as determined by the head of the 

16 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 re20 tained by any Federal agency for more than 180 days 

21 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 applicable 

8 law, including regulations; 

9 ‘‘(5) any information collected, using an un10 manned aircraft or unmanned aircraft system, that is 

11 not maintained in a system of records under section 

12 552a of title 5, will not be disseminated outside of 

13 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 agency’s 

17 disclosure requirements; 

18 ‘‘(6) to the extent it does not compromise law en19 forcement 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 pro3 gram, including any changes to that program 

4 that would significantly affect privacy, civil 

5 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 agencies 

14 or to State, local, tribal, or territorial gov15 ernments; and 

16 ‘‘(D) make available on a public and 

17 searchable Internet website the data minimiza18 tion policy of the Federal agency; 

19 ‘‘(7) ensures oversight of the Federal agency’s un20 manned aircraft system use, including— 

21 ‘‘(A) the use of audits or assessments that 

22 comply with existing Federal agency policies and 

23 regulations; 

24 ‘‘(B) the verification of the existence of rules 

25 of conduct and training for Federal Government 


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1 personnel and contractors who work on pro2 grams, and procedures for reporting suspected 

3 cases of misuse or abuse of unmanned aircraft 

4 system technologies; 

5 ‘‘(C) the establishment of policies and proce6 dures, or confirmation that policies and proce7 dures are in place, that provide meaningful over8 sight of individuals who have access to sensitive 

9 information, including personal information, 

10 collected using an unmanned aircraft system; 

11 ‘‘(D) ensuring that any data-sharing agree12 ments or policies, data use policies, and record 

13 management policies applicable to an unmanned 

14 aircraft system conform to applicable laws, in15 cluding regulations and policies; 

16 ‘‘(E) the establishment of policies and proce17 dures, or confirmation that policies and proce18 dures exist, to authorize the use of an unmanned 

19 aircraft system in response to a request for un20 manned aircraft system assistance in support of 

21 Federal, State, local, tribal, or territorial govern22 ment operations; and 

23 ‘‘(F) a requirement that State, local, tribal, 

24 and territorial government recipients of Federal 

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1 manned aircraft systems for their own oper2 ations have in place policies and procedures to 

3 safeguard individuals’ privacy, civil rights, and 

4 civil liberties prior to expending such funds; and 

5 ‘‘(8) ensures the protection of civil rights and 

6 civil liberties, including— 

7 ‘‘(A) ensuring that policies are in place to 

8 prohibit the collection, use, retention, or dissemi9 nation of data in any manner that would violate 

10 the First Amendment or in any manner that 

11 would discriminate against persons based upon 

12 their ethnicity, race, gender, national origin, re13 ligion, sexual orientation, or gender identity, in 

14 violation of law; 

15 ‘‘(B) ensuring that unmanned aircraft sys16 tem activities are performed in a manner con17 sistent with the Constitution and applicable 

18 laws, including Executive orders and other Pres19 idential directives; and 

20 ‘‘(C) ensuring that adequate procedures are 

21 in place to receive, investigate, and address, as 

22 appropriate, privacy, civil rights, and civil lib23 erties complaints. 

24 ‘‘(e) FEDERAL AGENCY COORDINATION TO ENHANCE

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1 LIC UNMANNED AIRCRAFT SYSTEMS.—The Administrator 

2 shall assist and enable, without undue interference, Federal 

3 civilian government agencies that operate unmanned air4 craft systems within civil-controlled airspace, in operation5 ally deploying and integrating sense and avoid capabilities, 

6 as necessary to operate unmanned aircraft systems safely 

7 and effectively within the National Air Space. 

8 ‘‘(f) LAW ENFORCEMENT AND NATIONAL SECURITY.— 

9 Each Federal agency shall effectuate a requirement under 

10 subsection (d) only to the extent it does not compromise law 

11 enforcement or national security. 

12 ‘‘(g) DEFINITION OF FEDERAL AGENCY.—In sub13 sections (e) and (g), the term ‘Federal agency’ has the mean14 ing given the term ‘agency’ in section 552(f) of title 5.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

17 for chapter 448, as amended by section 2126 of this 

18 Act, is further amended by inserting after the item re19 lating to section 44806 the following: 

‘‘44807. Public unmanned aircraft systems.’’. 

20 (2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.— 

21 Section 334 of the FAA Modernization and Reform 

22 Act of 2012 (49 U.S.C. 40101 note) and the item re23 lating to that section in the table of contents under 

24 section 1(b) of that Act (126 Stat. 13) are repealed. 


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1 (3) FACILITATING INTERAGENCY COOPERATION

2 FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUP3 PORT OF FIREFIGHTING OPERATIONS AND UTILITY

4 RESTORATION.—Section 2204(a) of the FAA Exten5 sion Safety and Security Act of 2016 (Public Law 

6 114-190; 130 Stat. 615) is amended by striking ‘‘sec7 tion 334(c) of the FAA Modernization and Reform 

8 Act of 2012 (49 U.S.C. 40101 note)’’ and inserting 

9 ‘‘section 44807 of title 49, United States Code’’. 

10 SEC. 2128. SPECIAL RULES FOR MODEL AIRCRAFT. 

11 (a) IN GENERAL.—Chapter 448, as amended by sec12 tion 2127 of this Act, is further amended by inserting after 

13 section 44807 the following: 

14 ‘‘§ 44808. Special rules for model aircraft 

15 ‘‘(a) IN GENERAL.—Except as provided in subsection 

16 (d), and notwithstanding any other provision of law relat17 ing to the incorporation of unmanned aircraft systems into 

18 Federal Aviation Administration plans and policies, in19 cluding this chapter, the Administrator of the Federal Avia20 tion Administration may not promulgate any new rule or 

21 regulation regarding an unmanned aircraft operating as 

22 a model aircraft or an unmanned aircraft being developed 

23 as a model aircraft if— 

24 ‘‘(1) the aircraft is flown strictly for hobby or 

25 recreational use; 


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1 ‘‘(2) the aircraft is operated in accordance with 

2 a community-based set of safety guidelines and with3 in the programming of a nationwide community4 based organization; 

5 ‘‘(3) not flown beyond the visual line of sight of 

6 persons co-located with the operator or in direct com7 munication with the operator; 

8 ‘‘(4) the aircraft is operated in a manner that 

9 does not interfere with and gives way to any manned 

10 aircraft; 

11 ‘‘(5) when flown within 5 miles of an airport, 

12 the operator of the aircraft provides the airport oper13 ator, where applicable, and the airport air traffic 

14 control tower (when an air traffic facility is located 

15 at the airport) with prior notice of the operation 

16 (model aircraft operators flying from a permanent lo17 cation within 5 miles of an airport should establish 

18 a mutually agreed upon operating procedure with the 

19 airport operator and the airport air traffic control 

20 tower (when an air traffic facility is located at the 

21 airport)), unless the Administrator determines ap22 proval should be required; 

23 ‘‘(6) the aircraft is flown from the surface to not 

24 more than 400 feet in altitude, except under special 


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1 conditions and programs established by a community2 based organization; and 

3 ‘‘(7) the operator has passed an aeronautical 

4 knowledge and safety test administered by the Federal 

5 Aviation Administration online for the operation of 

6 unmanned aircraft systems subject to the require7 ments of section 44809 or developed and administered 

8 by the community-based organization and maintains 

9 proof of test passage to be made available to the Ad10 ministrator or law enforcement upon request. 

11 ‘‘(b) UPDATES.— 

12 ‘‘(1) IN GENERAL.—The Administrator, in col13 laboration with government and industry stake14 holders, including nationwide community-based orga15 nizations, shall initiate a process to update the oper16 ational parameters under subsection (a), as appro17 priate. 

18 ‘‘(2) CONSIDERATIONS.—In updating an oper19 ational parameter under paragraph (1), the Adminis20 trator shall consider— 

21 ‘‘(A) appropriate operational limitations to 

22 mitigate aviation safety risk and risk to the un23 involved public; 


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1 ‘‘(B) operations outside the membership, 

2 guidelines, and programming of a nationwide 

3 community-based organization; 

4 ‘‘(C) physical characteristics, technical 

5 standards, and classes of aircraft operating 

6 under this section; 

7 ‘‘(D) trends in use, enforcement, or inci8 dents involving unmanned aircraft systems; and 

9 ‘‘(E) ensuring, to the greatest extent prac10 ticable, that updates to the operational param11 eters correspond to, and leverage, advances in 

12 technology. 

13 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub14 section shall be construed as expanding the authority 

15 of the Administrator to require operators of model 

16 aircraft under the exemption of this subsection to be 

17 required to seek permissive authority of the Adminis18 trator prior to operation in the national airspace sys19 tem. 

20 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec21 tion shall be construed to limit the authority of the Admin22 istrator to pursue enforcement action against persons oper23 ating model aircraft. 


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1 ‘‘(d) EXCEPTIONS.—The Administrator may promul2 gate rules relating to the registration and marking of model 

3 aircraft. 

4 ‘‘(e) MODEL AIRCRAFT DEFINED.—In this section, the 

5 term ‘model aircraft’ means an unmanned aircraft that— 

6 ‘‘(1) is capable of sustained flight in the atmos7 phere; and 

8 ‘‘(2) is limited to weighing less than 55 pounds, 

9 including the weight of anything attached to or car10 ried by the aircraft, unless otherwise approved 

11 through a design, construction, inspection, flight test, 

12 and operational safety program administered by a 

13 community-based organization.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

16 for chapter 448, as amended by section 2127 of this 

17 Act, is further amended by inserting after the item re18 lating to section 44807 the following: 

‘‘44808. Special rules for model aircraft.’’. 

19 (2) SPECIAL RULE FOR MODEL AIRCRAFT.—Sec20 tion 336 of the FAA Modernization and Reform Act 

21 of 2012 (49 U.S.C. 40101 note) and the item relating 

22 to that section in the table of contents under section 

23 1(b) of that Act (126 Stat. 13) are repealed. 


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1 SEC. 2129. AUTHORITY. 

2 The rules adopted by the Administrator of the Federal 

3 Aviation Administration in the matter of registration and 

4 marking requirements for small unmanned aircraft (FAA– 

5 2015–7396; published on December 16, 2015) that were va6 cated by the United States Court of Appeals for the District 

7 of Columbia Circuit in Taylor v. Huerta (No. 15–1495; de8 cided on May 19, 2017) shall be restored to effect on the 

9 date of enactment of this Act. 

10 SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL 

11 KNOWLEDGE AND SAFETY. 

12 (a) IN GENERAL.—Chapter 448, as amended by sec13 tion 2128 of this Act, is further amended by inserting after 

14 section 44808 the following: 

15 ‘‘§ 44809. Aeronautical knowledge and safety test 

16 ‘‘(a) IN GENERAL.—An individual may not operate an 

17 unmanned aircraft system unless— 

18 ‘‘(1) the individual has successfully completed an 

19 aeronautical knowledge and safety test under sub20 section (c); 

21 ‘‘(2) the individual has authority to operate an 

22 unmanned aircraft under other Federal law; 

23 ‘‘(3) the individual is a holder of an airmen cer24 tificate issued under section 44703; or 

25 ‘‘(4) the individual is operating a model aircraft 

26 or an unmanned aircraft being developed as a model 


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1 aircraft under section 44808 and has successfully 

2 completed an aeronautical knowledge and safety test 

3 in accordance with the community-based organiza4 tions safety program described in that section. 

5 ‘‘(b) EXCEPTION.—This section shall not apply to the 

6 operation of an unmanned aircraft system that has been 

7 authorized by the Federal Aviation Administration under 

8 section 44802, 44805, 44806, or 44807. The Administrator 

9 may waive the requirements of this section for operators 

10 of aircraft weighing less than 0.55 pounds or for operators 

11 under the age of 13 operating the unmanned aircraft system 

12 under the supervision of an adult as determined by the Ad13 ministrator. 

14 ‘‘(c) AERONAUTICAL KNOWLEDGE AND SAFETY

15 TEST.—Not later than 180 days after the date of enactment 

16 of the Federal Aviation Administration Reauthorization 

17 Act of 2017, the Administrator of the Federal Aviation Ad18 ministration, in consultation with manufacturers of un19 manned aircraft systems, other industry stakeholders, and 

20 community-based aviation organizations, shall develop an 

21 aeronautical knowledge and safety test that can be adminis22 tered electronically. 

23 ‘‘(d) REQUIREMENTS.—The Administrator shall en24 sure that the aeronautical knowledge and safety test is de25 signed to adequately demonstrate an operator’s— 


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1 ‘‘(1) understanding of aeronautical safety knowl2 edge, as applicable; and 

3 ‘‘(2) knowledge of Federal Aviation Administra4 tion regulations and requirements pertaining to the 

5 operation of an unmanned aircraft system in the na6 tional airspace system. 

7 ‘‘(e) RECORD OF COMPLIANCE.— 

8 ‘‘(1) IN GENERAL.—Each operator of an un9 manned aircraft system described under subsection 

10 (a) shall maintain and make available for inspection, 

11 upon request by the Administrator or a Federal, 

12 State, or local law enforcement officer, a record of 

13 compliance with this section through— 

14 ‘‘(A) an identification number, issued by 

15 the Federal Aviation Administration certifying 

16 passage of the aeronautical knowledge and safety 

17 test; 

18 ‘‘(B) if the individual has authority to op19 erate an unmanned aircraft system under other 

20 Federal law, the requisite proof of authority 

21 under that law; or 

22 ‘‘(C) an airmen certificate issued under sec23 tion 44703. 

24 ‘‘(2) COORDINATION.—The Administrator may 

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1 graph (1)(A) with an operator’s registration number 

2 to the extent practicable. 

3 ‘‘(3) LIMITATION.—No fine or penalty may be 

4 imposed for the initial failure of an operator of an 

5 unmanned aircraft system to comply with paragraph 

6 (1) unless the Administrator finds that the conduct of 

7 the operator actually posed a risk to the national air8 space system.’’. 

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

10 chapter 448, as amended by section 2128 of this Act, is fur11 ther amended by inserting after the item relating to section 

12 44808 the following: 

‘‘44809. Aeronautical knowledge and safety test.’’. 

13 SEC. 2131. TREATMENT OF UNMANNED AIRCRAFT OPER14 ATING UNDERGROUND. 

15 An unmanned aircraft system that is operated under16 ground for mining purposes shall not be subject to regula17 tion or enforcement by the Federal Aviation Administration 

18 under chapter 448 of title 49, United States Code. 

19 SEC. 2132. ENFORCEMENT. 

20 (a) UAS SAFETY ENFORCEMENT.—The Administrator 

21 of the Federal Aviation Administration shall establish a 

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1 tems that are not in compliance with applicable Federal 

2 aviation laws, including regulations. 

3 (b) CIVIL PENALTIES.— 

4 (1) IN GENERAL.—Section 46301 is amended— 

5 (A) in subsection (a)(1)(A), by inserting 

6 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec7 tions 44717 and 44719–44723),’’; 

8 (B) in subsection (a)(5), by inserting 

9 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec10 tions 44717–44723),’’; 

11 (C) in subsection (d)(2), by inserting ‘‘chap12 ter 448,’’ after ‘‘chapter 447 (except sections 

13 44717 and 44719–44723),’’; and 

14 (D) in subsection (f), by inserting ‘‘chapter 

15 448,’’ after ‘‘chapter 447 (except 44717 and 

16 44719–44723),’’. 

17 (2) RULE OF CONSTRUCTION.—Nothing in this 

18 subsection shall be construed to limit the authority of 

19 the Administrator to pursue an enforcement action 

20 for a violation of this Act, a regulation prescribed or 

21 order or authority issued under this Act, or any other 

22 applicable provision of aviation safety law or regula23 tion. 

24 (c) REPORTING.—As part of the program, the Admin25 istrator shall establish and publicize a mechanism for the 


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1 public and Federal, State, and local law enforcement to re2 port a suspected abuse or a violation of chapter 448 of title 

3 49, United States Code, for enforcement action. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

5 out this section, there is authorized to be appropriated 

6 $5,000,000 for each of the fiscal years 2018 through 2021. 

7 SEC. 2133. AIRPORT SAFETY AND AIRSPACE HAZARD MITI8 GATION AND ENFORCEMENT. 

9 (a) IN GENERAL.—Chapter 448, as amended by sec10 tion 2130 of this Act, is further amended by inserting after 

11 section 44809 the following: 

12 ‘‘§ 44810. Airport safety and airspace hazard mitiga13 tion and enforcement 

14 ‘‘(a) AUTHORITY.—The Administrator of the Federal 

15 Aviation Administration shall work with the Secretary of 

16 Defense, the Secretary of Homeland Security, and the heads 

17 of other relevant Federal departments and agencies for the 

18 purpose of ensuring that technologies or systems that are 

19 developed, tested, or deployed by Federal departments and 

20 agencies to detect and mitigate potential threats posed by 

21 errant or hostile unmanned aircraft system operations do 

22 not adversely impact or interfere with safe airport oper23 ations, navigation, air traffic services, or the safe and effi24 cient operation of the national airspace system. 

25 ‘‘(b) PLAN.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of the Federal Aviation 

3 Administration Reauthorization Act of 2017, the Ad4 ministrator shall develop a plan for the certification, 

5 permitting, authorizing, or allowing of the deploy6 ment of technologies or systems for the detection and 

7 mitigation of unmanned aircraft systems. 

8 ‘‘(2) CONTENTS.—The plan shall include the de9 velopment of policies, procedures, or protocols that 

10 will allow appropriate officials of Federal, State, or 

11 local agencies requesting to utilize such technologies or 

12 systems to take steps to detect and mitigate potential 

13 airspace safety threats posed by unmanned aircraft 

14 system operations. 

15 ‘‘(3) AVIATION RULEMAKING ADVISORY COM16 MITTEE.—The Administrator may charter an avia17 tion rulemaking advisory committee to make rec18 ommendations for such a plan and any standards 

19 that the Administrator determines may need to be de20 veloped with respect to such technologies or systems. 

21 The Federal Advisory Committee Act (5 U.S.C. App.) 

22 shall not apply to an aviation rulemaking advisory 

23 committee chartered under this paragraph. 

24 ‘‘(c) AIRSPACE HAZARD MITIGATION PROGRAM.—In 

25 order to test and evaluate technologies or systems to detect 


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1 and mitigate potential airspace safety threats posed by un2 manned aircraft system operations, the Administrator shall 

3 deploy such technologies or systems at 5 airports. 

4 ‘‘(d) AUTHORITY.—Under the testing and evaluation 

5 in subsection (c), the Administrator may use unmanned 

6 aircraft detection and mitigation systems to detect and 

7 mitigate the unauthorized operation of an unmanned air8 craft that poses a risk to airspace safety. Utilization of such 

9 technologies or systems, and the communications sent using 

10 such technologies and systems to unmanned aircraft sys11 tems, shall be regarded as equivalent to separation instruc12 tions to pilots of manned aircraft. 

13 ‘‘(e) AIP FUNDING ELIGIBILITY.—Upon the certifi14 cation, permitting, authorizing, or allowing of such tech15 nologies and systems that have been successfully tested 

16 under this section, an airport sponsor may apply for a 

17 grant under subchapter I of chapter 471 to purchase an 

18 unmanned aircraft detection and mitigation system. For 

19 purposes of this subsection, purchasing an unmanned air20 craft detection and mitigation system shall be considered 

21 airport development (as defined in section 47102). 

22 ‘‘(f) REPORT.— 

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

24 the date of enactment of the Federal Aviation Admin25 istration Reauthorization Act of 2017, and annually 


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1 thereafter, the Administrator shall submit to the ap2 propriate committees of Congress a report on the im3 plementation of this section, including the testing and 

4 evaluation of detection and mitigation systems under 

5 this section. 

6 ‘‘(2) CONTENTS.—The report under paragraph 

7 (1) shall include the following: 

8 ‘‘(A) The number of unauthorized un9 manned aircraft operations detected, together 

10 with a description of such operations. 

11 ‘‘(B) The number of instances in which un12 authorized unmanned aircraft were mitigated, 

13 together with a description of such instances. 

14 ‘‘(C) The number of enforcement cases 

15 brought by the Federal Aviation Administration 

16 for unauthorized operation of unmanned aircraft 

17 detected through the program, together with a de18 scription of such cases. 

19 ‘‘(D) The number of any technical failures 

20 in the program, together with a description of 

21 such failures. 

22 ‘‘(E) Recommendations for safety and oper23 ational standards for unmanned aircraft detec24 tion and mitigation systems. 


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1 ‘‘(3) FORMAT.—To the extent practicable, the re2 port prepared under paragraph (1) shall be submitted 

3 in a classified format. If appropriate, the report may 

4 include an unclassified summary. 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated from the Airport and Airway 

7 Trust Fund to carry out this section $6,000,000 for each 

8 of fiscal years 2018 through 2021, to remain available until 

9 expended. 

10 ‘‘(h) APPLICABILITY OF OTHER LAWS.—Section 32 of 

11 title 18, United States Code (commonly known as the Air12 craft Sabotage Act), section 1031 of title 18, United States 

13 Code (commonly known as the Computer Fraud and Abuse 

14 Act of 1986), sections 2510–2522 of title 18, United States 

15 Code (commonly known as the Wiretap Act), and sections 

16 3121–3127 of title 18, United States Code (commonly 

17 known as the Pen/Trap Statute), shall not apply to any 

18 activity authorized by the Administrator pursuant to this 

19 section. 

20 ‘‘(i) SUNSET.—This section ceases to be effective Sep21 tember 30, 2021.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

24 for chapter 448, as amended by section 2130 of this 


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1 Act, is further amended by inserting after the item re2 lating to section 44809 the following: 

‘‘44810. Airport safety and airspace hazard mitigation and enforcement.’’. 

3 (2) PILOT PROJECT FOR AIRPORT SAFETY AND

4 AIRSPACE HAZARD MITIGATION.—Section 2206 of the 

5 FAA Extension Safety and Security Act of 2016 

6 (Public Law 114–190; 130 Stat. 615) and the item 

7 relating to that section in the table of contents under 

8 section 1(b) of that Act are repealed. 

9 SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERV10 ICES DISRUPTION. 

11 Section 46320(a) is amended by inserting ‘‘, including 

12 helicopter air ambulance operations,’’ after ‘‘emergency re13 sponse effort’’. 

14 SEC. 2135. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN15 MENTS. 

16 (a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN17 MENTS.—Section 40102(a)(41) is amended by adding at the 

18 end the following: 

19 ‘‘(F) An unmanned aircraft that is owned 

20 and operated by or exclusively leased for at least 

21 90 consecutive days by an Indian tribal govern22 ment (as defined in section 102 of the Robert T. 

23 Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5122)), except as provided 

25 in section 40125(b).’’. 


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1 (b) CONFORMING AMENDMENT.—Section 40125(b) is 

2 amended by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 

3 SEC. 2136. CARRIAGE OF PROPERTY BY SMALL UNMANNED 

4 AIRCRAFT SYSTEMS FOR COMPENSATION OR 

5 HIRE. 

6 (a) IN GENERAL.—Chapter 448, as amended by sec7 tion 2133 of this Act, is further amended by adding after 

8 section 44810 the following: 

9 ‘‘§ 44811. Carriage of property by small unmanned 

10 aircraft systems for compensation or hire 

11 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of the Federal Aviation Administration 

13 Reauthorization Act of 2017, the Secretary of Transpor14 tation shall issue a final rule authorizing the carriage of 

15 property by operators of small unmanned aircraft systems 

16 for compensation or hire within the United States. 

17 ‘‘(b) CONTENTS.—The final rule required under sub18 section (a) shall provide for the following: 

19 ‘‘(1) SMALL UAS AIR CARRIER CERTIFICATE.— 

20 The Administrator of the Federal Aviation Adminis21 tration, at the direction of the Secretary, shall estab22 lish a certificate (to be known as a ‘small UAS air 

23 carrier certificate’) for persons that undertake di24 rectly, by lease, or other arrangement the operation of 

25 small unmanned aircraft systems to carry property 


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1 in air transportation, including commercial fleet op2 erations with highly automated unmanned aircraft 

3 systems. The requirements to operate under a small 

4 UAS air carrier certificate shall— 

5 ‘‘(A) consider the unique characteristics of 

6 highly automated, small unmanned aircraft sys7 tems; and 

8 ‘‘(B) include requirements for the safe oper9 ation of small unmanned aircraft systems that, 

10 at a minimum, address— 

11 ‘‘(i) airworthiness of small unmanned 

12 aircraft systems; 

13 ‘‘(ii) qualifications for operators and 

14 the type and nature of the operations; and 

15 ‘‘(iii) operating specifications gov16 erning the type and nature of the un17 manned aircraft system air carrier oper18 ations. 

19 ‘‘(2) SMALL UAS AIR CARRIER CERTIFICATION

20 PROCESS.—The Administrator, at the direction of the 

21 Secretary, shall establish a process for the issuance of 

22 small UAS air carrier certificates established pursu23 ant to paragraph (1) that is performance-based and 

24 ensures required safety levels are met. Such certifi25 cation process shall consider— 


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1 ‘‘(A) safety risks and the mitigation of those 

2 risks associated with the operation of highly 

3 automated, small unmanned aircraft around 

4 other manned and unmanned aircraft, and over 

5 persons and property on the ground; 

6 ‘‘(B) the competencies and compliance pro7 grams of manufacturers, operators, and compa8 nies that manufacture, operate, or both small un9 manned aircraft systems and components; and 

10 ‘‘(C) compliance with the requirements es11 tablished pursuant to paragraph (1). 

12 ‘‘(3) SMALL UAS AIR CARRIER CLASSIFICA13 TION.—The Secretary shall amend part 298 of title 

14 14, Code of Federal Regulations, to establish an addi15 tional class of air carrier for persons issued small 

16 UAS air carrier certificates pursuant to this sub17 section to establish economic authority for the car18 riage of property by small unmanned aircraft systems 

19 for compensation or hire. Such classification shall 

20 only require— 

21 ‘‘(A) registration with the Department of 

22 Transportation; and 

23 ‘‘(B) a valid small UAS air carrier certifi24 cate issued pursuant to this subsection. 


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1 ‘‘(4) AVAILABILITY OF CURRENT CERTIFICATION

2 PROCESSES.—Pending completion of the rulemaking 

3 required in subsection (a) of this section, a person 

4 may seek an air carrier operating certificate and cer5 tificate of public convenience and necessity, or an ex6 emption from such certificate, using existing proc7 esses.’’. 

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

9 chapter 448, as amended by section 2133 of this Act, is fur10 ther amended by adding after the item relating to section 

11 44810 the following: 

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

12 SEC. 2137. COLLEGIATE TRAINING INITIATIVE PROGRAM 

13 FOR UNMANNED AIRCRAFT SYSTEMS. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Administrator of the Fed16 eral Aviation Administration shall establish a Collegiate 

17 Training Initiative program relating to unmanned aircraft 

18 systems by making new agreements or continuing existing 

19 agreements with institutions of higher education (as defined 

20 by the Administrator) under which the institutions prepare 

21 students for careers involving unmanned aircraft systems. 

22 The Administrator may establish standards for the entry 

23 of such institutions into the program and for their contin24 ued participation in the program. 


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1 (b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 

2 section, the term ‘‘unmanned aircraft system’’ has the 

3 meaning given that term by section 44801 of title 49, 

4 United States Code, as added by section 2121 of this Act. 

5 SEC. 2138. INCORPORATION OF FEDERAL AVIATION ADMIN6 ISTRATION OCCUPATIONS RELATING TO UN7 MANNED AIRCRAFT INTO VETERANS EMPLOY8 MENT PROGRAMS OF THE ADMINISTRATION. 

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Administrator of the Federal Aviation Ad11 ministration, in consultation with the Secretary of Veterans 

12 Affairs, the Secretary of Defense, and the Secretary of 

13 Labor, shall determine whether occupations of the Adminis14 tration relating to unmanned aircraft systems technology 

15 and regulations can be incorporated into the Veterans’ Em16 ployment Program of the Administration, particularly in 

17 the interaction between such program and the New Sights 

18 Work Experience Program and the Vet-Link Cooperative 

19 Education Program. 

20 SEC. 2139. REPORT ON UAS AND CHEMICAL AERIAL APPLI21 CATION. 

22 Not later than 1 year after the date of enactment of 

23 this Act, the Administrator of the Federal Aviation Admin24 istration shall submit to the appropriate committees of Con25 gress a report evaluating which aviation safety requireVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 ments under part 137 of title 14, Code of Federal Regula2 tions, should apply to unmanned aircraft system operations 

3 engaged in aerial spraying of chemicals for agricultural 

4 purposes. 

5 SEC. 2140. PART 107 IMPLEMENTATION IMPROVEMENTS. 

6 (a) TRANSPARENCY.—Not later than 30 days after the 

7 date of enactment of this Act, the Administrator of the Fed8 eral Aviation Administration shall publish on the Federal 

9 Aviation Administration website a representative sample of 

10 the safety justifications offered by applicants for waivers 

11 or air traffic control authorizations that have been ap12 proved by the Administration for each regulation waived 

13 or class of airspace authorized, except that any published 

14 justification shall not reveal proprietary or commercially 

15 sensitive information. 

16 (b) TECHNOLOGY IMPROVEMENTS.—Not later than 60 

17 days after the date of enactment of this Act, the Adminis18 trator shall revise the online waiver and air traffic control 

19 authorization processes— 

20 (1) to provide real time confirmation that an 

21 application filed online has been received by the Ad22 ministration; and 

23 (2) to provide an applicant with an opportunity 

24 to review the status of the applicant’s application. 


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1 SEC. 2141. EXPANSION OF PART 107 WAIVER AUTHORITY. 

2 (a) IN GENERAL.—Not later than 30 days after the 

3 date of enactment of this Act, the Administrator of the Fed4 eral Aviation Administration shall issue a final rule— 

5 (1) revising subsections (a) and (c) of section 

6 107.205 of title 14, Code of Federal Regulations, to 

7 remove the prohibitions on the issuance of waivers for 

8 the carriage of property of another by aircraft for 

9 compensation or hire; and 

10 (2) revising section 107.25 of that title to remove 

11 the prohibition on the operation of a small unmanned 

12 aircraft system from a moving vehicle to transport 

13 another person’s property for compensation or hire. 

14 (b) DETERMINATIONS.—In determining whether to 

15 grant a waiver under part 107 of title 14, Code of Federal 

16 Regulations, to authorize the transportation by an un17 manned aircraft system of the property of another for com18 pensation or hire beyond the visual line of sight of the re19 mote pilot, from a moving vehicle or aircraft, or over people, 

20 the Administrator shall consider the technological capabili21 ties of the unmanned aircraft system, the qualifications of 

22 the remote pilot, and the environment in which the oper23 ation is conducted. 

24 SEC. 2142. REDESIGNATION. 

25 (a) SAFETY STATEMENTS.— 


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1 (1) IN GENERAL.—Section 2203 of the FAA Ex2 tension Safety and Security Act of 2016 (Public Law 

3 114–190; 130 Stat. 615) is redesignated as section 

4 44812 of chapter 448 of title 49, United States Code, 

5 and transferred so as to appear after section 44811 

6 of title 49, United States Code, as added by section 

7 2136 of this Act. 

8 (2) TECHNICAL AND CONFORMING AMEND9 MENTS.—Section 44812(b), as redesignated, is amend10 ed— 

11 (A) in paragraph (1), by striking ‘‘this Act’’ 

12 and inserting ‘‘the FAA Extension Safety and 

13 Security Act of 2016’’; and 

14 (B) in clauses (i), (ii), and (iii) of para15 graph (2)(D), by striking ‘‘section 336 of the 

16 FAA Modernization and Reform Act of 2012 949 

17 U.S.C. 40101 note)’’ and inserting ‘‘section 

18 44808’’. 

19 (b) EMERGENCY EXEMPTION PROCESS.— 

20 (1) IN GENERAL.—Section 2207 of the FAA Ex21 tension Safety and Security Act of 2016 (Public Law 

22 114–190; 130 Stat. 615) is redesignated as section 

23 44813 of chapter 448 of title 49, United States Code, 

24 and transferred so as to appear after section 44812 


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1 of title 49, United States Code, as redesignated by 

2 subsection (a)(1) of this section. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.—Section 44813(a), as redesignated, is 

5 amended by striking ‘‘this Act’’ and inserting ‘‘the 

6 FAA Extension Safety and Security Act of 2016’’. 

7 (c) APPLICATIONS FOR DESIGNATION.— 

8 (1) IN GENERAL.—Section 2209 of the FAA Ex9 tension Safety and Security Act of 2016 (Public Law 

10 114–190; 130 Stat. 615) is redesignated as section 

11 44814 of chapter 448 of title 49, United States Code, 

12 and transferred so as to appear after section 44813 

13 of title 49, United States Code, as redesignated by 

14 subsection (b)(1) of this section. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENTS.—Section 44814(a), as redesignated, is 

17 amended by striking ‘‘this Act’’ and inserting ‘‘the 

18 FAA Extension Safety and Security Act of 2016’’. 

19 (d) OPERATIONS ASSOCIATED WITH CRITICAL INFRA20 STRUCTURE.— 

21 (1) IN GENERAL.—Section 2210 of the FAA Ex22 tension Safety and Security Act of 2016 (Public Law 

23 114–190; 130 Stat. 615) is redesignated as section 

24 44815 of chapter 448 of title 49, United States Code, 

25 and transferred so as to appear after section 44814 


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1 of title 49, United States Code, as redesignated by 

2 subsection (c)(1) of this section. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.—Section 44815, as redesignated, is amend5 ed— 

6 (A) in subsections (a), (d)(2), and (e), by 

7 striking ‘‘section 333 of the FAA Modernization 

8 and Reform Act of 2012 (49 U.S.C. 40101 note)’’ 

9 and inserting ‘‘section 44805’’; 

10 (B) in subsection (c)(2), by striking ‘‘, 

11 United States Code’’; and 

12 (C) in subsection (d)(1), by striking ‘‘this 

13 Act’’ and inserting ‘‘the FAA Extension Safety 

14 and Security Act of 2016’’. 

15 SEC. 2143. SENSE OF CONGRESS ON EMERGENCY EXEMP16 TION PROCESS. 

17 It is the sense of Congress that the Administrator of 

18 the Federal Aviation Administration should comply as soon 

19 as possible, and not later than 60 days after the date of 

20 enactment of this Act, with the requirement under section 

21 44813 of title 49, United States Code (as redesignated by 

22 section 2141(b)), to publish guidance for applications for, 

23 and procedures for the processing of, on an emergency basis, 

24 exemptions or certificates of authorization or waiver for the 

25 use of unmanned aircraft systems by or on behalf of civil 


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1 or public operators in response to a catastrophe, disaster, 

2 or other emergency to facilitate emergency response oper3 ations, such as firefighting, search and rescue, post-cata4 strophic response operations, such as utility and infrastruc5 ture restoration efforts, and the safe and prompt processing, 

6 adjustment, and payment of insurance claims. 

7 SEC. 2144. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED 

8 BUILDINGS OR GROUNDS. 

9 (a) IN GENERAL.—Chapter 448, as amended by sec10 tion 2142 of this Act, is further amended by inserting after 

11 section 44815 the following: 

12 ‘‘§ 44816. Unmanned Aircraft Systems in Restricted 

13 Buildings or Grounds 

14 ‘‘(a) IN GENERAL.—It shall be unlawful to knowingly 

15 operate an unmanned aircraft system with the intent for 

16 such unmanned aircraft system to enter or operate within 

17 or above a restricted building or grounds (as defined in sec18 tion 1752 of title 18) and to impede or disrupt the orderly 

19 conduct of Government business or official functions. 

20 ‘‘(b) PENALTY.—Any person who violates subsection 

21 (a) shall be— 

22 ‘‘(1) fined under title 18, imprisoned for not 

23 more than 10 years, or both, if— 


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1 ‘‘(A) a deadly or dangerous weapon or fire2 arm is affixed to the unmanned aircraft system; 

3 or 

4 ‘‘(B) the offense results in significant bodily 

5 injury, as defined in section 2118 of title 18; or 

6 ‘‘(2) fined under title 18, imprisoned for not 

7 more than 1 year, or both, in any other case.’’. 

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

9 chapter 448, as added by section 2121 of this Act, is further 

10 amended by inserting after the item relating to section 

11 44815 the following: 

‘‘44816. Unmanned aircraft systems in restricted buildings or grounds.’’. 

12 PART III—OTHER MATTERS 

13 SEC. 2151. FEDERAL AND LOCAL AUTHORITIES. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Comptroller General of 

16 the United States shall— 

17 (1) conduct a study on the relative roles of the 

18 Federal Government and State and local governments 

19 in regulating the national airspace system, including 

20 unmanned aircraft systems operations; and 

21 (2) submit to the appropriate committees of Con22 gress a report on the study, including the Comptroller 

23 General’s findings, conclusions, and recommenda24 tions. 


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1 (b) CONTENTS.—The study under subsection (a) shall 

2 review the following: 

3 (1) The current state of the law with respect to 

4 Federal authority over airspace in the United States 

5 and the operations of aircraft in that airspace. 

6 (2) The current state of the law with respect to 

7 state and local authority over airspace in the United 

8 States and the operations of aircraft in that airspace; 

9 (3) Potential gaps between authorities under 

10 paragraphs (1) and (2), particularly with respect to 

11 unmanned aircraft systems operations at low alti12 tudes; 

13 (4) The effectiveness of the Federal Government’s 

14 efforts to resolve differences between different stake15 holders on the issue. 

16 (5) Potential ways to structure the roles and re17 sponsibilities between the Federal Government and 

18 State and local governments to ensure the highest level 

19 of safety for all aviation operations and in consider20 ation of State and local interests on issues such as 

21 nuisance, voyeurism, privacy, trespass, harassment, 

22 reckless endangerment, wrongful death, personal in23 jury, property damage, or other illegal acts arising 

24 from the use of unmanned aircraft systems. 


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1 SEC. 2152. SPECTRUM. 

2 (a) IN GENERAL.—Small unmanned aircraft systems 

3 may use spectrum for wireless control link, tracking, 

4 diagnostics, payload communication, and collaborative-col5 lision avoidance, such as vehicle-to-vehicle communication, 

6 and other uses, consistent with the Communications Act of 

7 1934 (47 U.S.C. 151 et seq.), Federal Communications 

8 Commission rules, and the safety-of-life determination 

9 made by the Federal Aviation Administration, and through 

10 voluntary commercial arrangements with service providers, 

11 whether they are operating within a UTM system under 

12 section 2208 of the FAA Extension Safety and Security Act 

13 of 2016 (Public Law 114–190; 130 Stat. 615) or outside 

14 such a system. 

15 (b) REPORT.—Not later than 270 days after the date 

16 of enactment of this Act, and after consultation with rel17 evant stakeholders, the Administrator of the Federal Avia18 tion Administration, the National Telecommunications and 

19 Information Administration, and the Federal Communica20 tions Commission, shall submit to the Committee on Com21 merce, Science, and Transportation of the Senate, the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives, and the Committee on Energy and Com24 merce of the House of Representatives a report— 

25 (1) on whether small unmanned aircraft systems 

26 operations should be permitted to operate on spectrum 


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1 designated for aviation use, on an unlicensed, shared, 

2 or exclusive basis, for operations within the UTM sys3 tem or outside of such a system; 

4 (2) that addresses any technological, statutory, 

5 regulatory, and operational barriers to the use of such 

6 spectrum; and 

7 (3) that, if it is determined that spectrum des8 ignated for aviation use is not suitable for operations 

9 by small unmanned aircraft systems, includes rec10 ommendations of other spectrum frequencies that may 

11 be appropriate for such operations. 

12 SEC. 2153. USE OF UNMANNED AIRCRAFT SYSTEMS AT IN13 STITUTIONS OF HIGHER EDUCATION. 

14 (a) IN GENERAL.—Not later than 270 days after the 

15 date of enactment of this Act, the Administrator of the Fed16 eral Aviation Administration shall establish procedures and 

17 standards, as applicable, to further facilitate the safe oper18 ation of unmanned aircraft systems by institutions of high19 er education, including faculty, students, and staff. 

20 (b) STANDARDS.—The procedures and standards re21 quired under subsection (a) shall grant institutions of high22 er education (including faculty, students, and staff) addi23 tional ability, beyond that permitted by law on the day be24 fore such date of enactment, to operate unmanned aircraft 

25 systems by outlining risk-based operational parameters to 


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1 ensure the safety of the national airspace system and the 

2 uninvolved public that facilitates the use of unmanned air3 craft systems for educational or research purposes. 

4 (c) UNMANNED AIRCRAFT SYSTEM APPROVAL.—The 

5 procedures required under subsection (a) shall allow un6 manned aircraft systems operated under this section to be 

7 modified for research purposes without iterative approval 

8 from the Administrator. 

9 (d) ADDITIONAL PROCEDURES.—The Administrator 

10 shall establish a procedure to provide for streamlined, risk11 based operational approval for unmanned aircraft systems 

12 operated by institutions of higher education, including fac13 ulty, students, and staff, outside of the parameters or pur14 poses set forth in subsection (b). 

15 (e) DEADLINES.— 

16 (1) IN GENERAL.—If, by the date that is 270 

17 days after the date of enactment of this Act, the Ad18 ministrator has not set forth standards and proce19 dures required under subsections (a), (b), and (c), an 

20 institution of higher education may— 

21 (A) continue to operate small unmanned 

22 aircraft at model aircraft fields approved by the 

23 Academy of Model Aeronautics and with the per24 mission of the local club of the Academy of Model 

25 Aeronautics; and 


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1 (B) continue to operate small unmanned 

2 aircraft as permitted under part 107 of title 14, 

3 Code of Federal Regulations, or any subsequent 

4 regulation that is equally or more permissive; 

5 and 

6 (C) operate small unmanned aircraft for 

7 educational or research purposes in a manner 

8 beyond that permitted by law on the day before 

9 such date of enactment at one or more outdoor 

10 flight fields designated by the institution, pro11 vided that the institution first submits to the 

12 Federal Aviation Administration applications 

13 for approval of— 

14 (i) the institution’s designated outdoor 

15 flight fields; and 

16 (ii) the institution’s standards for op17 eration at that field. 

18 (2) CONSEQUENCE OF FAILURE TO APPROVE.—If 

19 the Administrator does not take action with respect to 

20 an application submitted under paragraph (1)(C) 

21 within 30 days of the submission of the application, 

22 the failure to do so shall be treated as approval of the 

23 application. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the mean3 ing given that term by section 101(a) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1001(a)). 

5 (2) UNMANNED AIRCRAFT SYSTEM.—The term 

6 ‘‘unmanned aircraft system’’ has the meaning given 

7 the term in section 44801 of title 49, United States 

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

9 (3) EDUCATIONAL OR RESEARCH PURPOSES.— 

10 The term ‘‘educational or research purposes’’, with re11 spect to the operation of an unmanned aircraft sys12 tem by an institution of higher education, includes— 

13 (A) instruction of students at the institu14 tion; 

15 (B) academic or research related use of un16 manned aircraft systems by student organiza17 tions recognized by the institution, if such use 

18 has been approved by the institution; 

19 (C) activities undertaken by the institution 

20 as part of research projects, including research 

21 projects sponsored by the Federal Government; 

22 and 

23 (D) other academic activities at the institu24 tion, including general research, engineering, 

25 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 or5 ders, 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 the 

8 effective date of this Act shall continue in effect until modi9 fied or revoked by the Secretary of Transportation, acting 

10 through the Administrator of the Federal Aviation Admin11 istration, as applicable, by a court of competent jurisdic12 tion, or by operation of law other than this Act. 

13 (b) LAWS DESCRIBED.—The laws described under this 

14 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 pend6 ing on the effective date of this Act. 

7 SEC. 2155. COMMUNITY AND TECHNICAL COLLEGE CEN8 TERS OF EXCELLENCE IN SMALL UNMANNED 

9 AIRCRAFT SYSTEM TECHNOLOGY TRAINING. 

10 (a) DESIGNATION.—Not later than 180 days after the 

11 date of enactment of this Act, the Secretary of Transpor12 tation, in consultation with the Secretary of Education and 

13 the Secretary of Labor, shall establish a process to designate 

14 consortia of public, 2-year institutions of higher education 

15 as Community and Technical College Centers of Excellence 

16 in Small Unmanned Aircraft System Technology Training 

17 (in this section referred to as the ‘‘Centers of Excellence’’). 

18 (b) FUNCTIONS.—A Center of Excellence designated 

19 under subsection (a) shall have the capacity to train stu20 dents for career opportunities in industry and government 

21 service related to the use of small unmanned aircraft sys22 tems. 

23 (c) EDUCATION AND TRAINING REQUIREMENTS.—In 

24 order to be designated as a Center of Excellence under sub25 section (a), a consortium shall be able to address education 


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1 and training requirements associated with various types of 

2 small unmanned aircraft systems, components, and related 

3 equipment, including with respect to— 

4 (1) multi-rotor and fixed-wing small unmanned 

5 aircraft; 

6 (2) flight systems, radio controllers, components, 

7 and characteristics of such aircraft; 

8 (3) routine maintenance, uses and applications, 

9 privacy concerns, safety, and insurance for such air10 craft; 

11 (4) hands-on flight practice using small un12 manned aircraft systems and computer simulator 

13 training; 

14 (5) use of small unmanned aircraft systems in 

15 various industry applications and local, State, and 

16 Federal government programs and services, including 

17 in agriculture, law enforcement, monitoring oil and 

18 gas pipelines, natural disaster response and recovery, 

19 fire and emergency services, and other emerging 

20 areas; 

21 (6) Federal policies concerning small unmanned 

22 aircraft; 

23 (7) dual credit programs to deliver small un24 manned aircraft training opportunities to secondary 

25 school students; or 


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1 (8) training with respect to sensors and the proc2 essing, analyzing, and visualizing of data collected by 

3 small unmanned aircraft. 

4 (d) COLLABORATION.—Each Center of Excellence shall 

5 seek to collaborate with institutions participating in the Al6 liance for System Safety of UAS through Research Excel7 lence of the Federal Aviation Administration and with the 

8 test ranges designated under section 332(c) of the FAA Mod9 ernization and Reform Act of 2012 (Public Law 112–95; 

10 49 U.S.C. 40101 note). 

11 (e) INSTITUTION OF HIGHER EDUCATION.—In this 

12 section, the term ‘‘institution of higher education’’ has the 

13 meaning given the term in section 101 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1001). 

15 SEC. 2156. AUTHORIZATION OF APPROPRIATIONS FOR 

16 KNOW BEFORE YOU FLY CAMPAIGN. 

17 There are authorized to be appropriated to the Admin18 istrator of the Federal Aviation Administration $1,000,000 

19 for each of fiscal years 2018 through 2021 for the Know 

20 Before You Fly educational campaign or similar public in21 formational efforts intended to broaden unmanned aircraft 

22 systems safety awareness. 


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1 SEC. 2157. STRATEGY FOR RESPONDING TO PUBLIC SAFETY 

2 THREATS AND ENFORCEMENT UTILITY OF 

3 UNMANNED AIRCRAFT SYSTEMS. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, the Administrator of the Federal 

6 Aviation Administration shall develop a comprehensive 

7 strategy to provide outreach to State and local governments 

8 and provide guidance for local law enforcement agencies 

9 and first responders with respect to— 

10 (1) how to identify and respond to public safety 

11 threats posed by unmanned aircraft systems; and 

12 (2) how to identify and take advantage of oppor13 tunities to use unmanned aircraft systems to enhance 

14 the effectiveness of local law enforcement agencies and 

15 first responders. 

16 (b) RESOURCES.—Not later than 180 days after the 

17 date of enactment of this Act, the Administrator shall estab18 lish a publicly available Internet website that contains re19 sources for State and local law enforcement agencies and 

20 first responders seeking— 

21 (1) to respond to public safety threats posed by 

22 unmanned aircraft systems; and 

23 (2) to identify and take advantage of opportuni24 ties to use unmanned aircraft systems to enhance the 

25 effectiveness of local law enforcement agencies and 

26 public safety response efforts. 


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1 (c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 

2 section, the term ‘‘unmanned aircraft system’’ has the 

3 meaning given that term in section 44801 of title 49, 

4 United States Code, as added by section 2121. 

5 PART IV—OPERATOR SAFETY 

6 SEC. 2161. SHORT TITLE. 

7 This part may be cited as the ‘‘Drone Operator Safety 

8 Act’’. 

9 SEC. 2162. FINDINGS; SENSE OF CONGRESS. 

10 (a) FINDING.—Congress finds that educating operators 

11 of unmanned aircraft about Federal law, including regula12 tions, relating to unmanned aircraft will promote the safe 

13 operation of such aircraft. 

14 (b) SENSE OF CONGRESS.—It is the sense of Congress 

15 that the Administrator of the Federal Aviation Administra16 tion should continue to prioritize the education of operators 

17 of unmanned aircraft through public outreach efforts like 

18 the ‘‘Know Before You Fly’’ campaign. 

19 SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 

20 (a) IN GENERAL.—Chapter 2 of title 18, United States 

21 Code, is amended— 

22 (1) in section 31— 

23 (A) in subsection (a)— 

24 (i) by redesignating paragraph (10) as 

25 paragraph (11); and 


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1 (ii) by inserting after paragraph (9) 

2 the following: 

3 ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un4 manned aircraft’ has the meaning given such term in 

5 section 44801 of title 49.’’; and 

6 (B) in subsection (b), by inserting ‘‘ ‘air7 port’,’’ before ‘‘ ‘appliance’ ’’; and 

8 (2) by inserting after section 39A the following: 

9 ‘‘§ 39B. Unsafe operation of unmanned aircraft 

10 ‘‘(a) OFFENSE.—Any person who operates an un11 manned aircraft and, in so doing, knowingly or recklessly 

12 interferes with, or disrupts the operation of, an aircraft car13 rying 1 or more occupants operating in the special aircraft 

14 jurisdiction of the United States, in a manner that poses 

15 an imminent safety hazard to such occupants, shall be pun16 ished as provided in subsection (b). 

17 ‘‘(b) PENALTY.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the punishment for an offense under sub20 section (a) shall be a fine under this title, imprison21 ment for not more than 1 year, or both. 

22 ‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any 

23 person who attempts to cause, or knowingly or reck24 lessly causes, serious bodily injury or death during 

25 the commission of an offense under subsection (a) 


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1 shall be fined under this title, imprisoned for any 

2 term of years or for life, or both. 

3 ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN CLOSE

4 PROXIMITY TO AIRPORTS.— 

5 ‘‘(1) IN GENERAL.—The operation of an un6 manned aircraft within a runway exclusion zone 

7 shall be considered a violation of subsection (a) unless 

8 such operation is approved by the airport’s air traffic 

9 control facility or is the result of a circumstance, such 

10 as a malfunction, that could not have been reasonably 

11 foreseen or prevented by the operator. 

12 ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In 

13 this subsection, the term ‘runway exclusion zone’ 

14 means a rectangular area— 

15 ‘‘(A) centered on the centerline of an active 

16 runway of an airport immediately around which 

17 the airspace is designated as class B, class C, or 

18 class D airspace at the surface under part 71 of 

19 title 14, Code of Federal Regulations; and 

20 ‘‘(B) the length of which extends parallel to 

21 the runway’s centerline to points that are 1 stat22 ute mile from each end of the runway and the 

width of which is 1 23 ⁄2 statute mile.’’. 

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

25 chapter 2 of title 18, United States Code, is amended by 


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1 inserting after the item relating to section 39A the fol2 lowing: 

‘‘39B. Unsafe operation of unmanned aircraft.’’. 

3 Subtitle B—FAA Safety 

4 Certification Reform 

5 PART I—GENERAL PROVISIONS 

6 SEC. 2211. DEFINITIONS. 

7 In this subtitle: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal Avia10 tion Administration. 

11 (2) ADVISORY COMMITTEE.—The term ‘‘Advisory 

12 Committee’’ means the Safety Oversight and Certifi13 cation Advisory Committee established under section 

14 2212. 

15 (3) FAA.—The term ‘‘FAA’’ means the Federal 

16 Aviation Administration. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Transportation. 

19 (5) SYSTEMS SAFETY APPROACH.—The term 

20 ‘‘systems safety approach’’ means the application of 

21 specialized technical and managerial skills to the sys22 tematic, forward-looking identification and control of 

23 hazards throughout the lifecycle of a project, program, 

24 or activity. 


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1 SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVI2 SORY COMMITTEE. 

3 (a) ESTABLISHMENT.—Not later than 60 days after 

4 the date of enactment of this Act, the Secretary shall estab5 lish a Safety Oversight and Certification Advisory Com6 mittee in accordance with this section. 

7 (b) DUTIES.—The Advisory Committee shall provide 

8 advice to the Secretary on policy-level issues facing the 

9 aviation community that are related to FAA safety over10 sight and certification programs and activities, including 

11 the following: 

12 (1) Aircraft and flight standards certification 

13 processes, including efforts to streamline those proc14 esses. 

15 (2) Implementation and oversight of safety man16 agement systems. 

17 (3) Risk-based oversight efforts. 

18 (4) Utilization of delegation and designation au19 thorities, including organization designation author20 ization. 

21 (5) Regulatory interpretation standardization ef22 forts. 

23 (6) Training programs. 

24 (7) Expediting the rulemaking process and 

25 prioritizing safety-related rules. 


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1 (8) Enhancing global competitiveness of U.S. 

2 manufactured and FAA type-certificate aircraft prod3 ucts and services throughout the world. 

4 (c) FUNCTIONS.—In carrying out its duties under sub5 section (b) related to FAA safety oversight and certification 

6 programs and activities, the Advisory Committee shall— 

7 (1) foster aviation stakeholder collaboration in 

8 an open and transparent manner; 

9 (2) consult with, and ensure participation by— 

10 (A) the private sector, including representa11 tives of— 

12 (i) general aviation; 

13 (ii) commercial aviation; 

14 (iii) aviation labor; 

15 (iv) aviation, aerospace, and avionics 

16 manufacturing; 

17 (v) unmanned aircraft systems indus18 try; and 

19 (vi) aviation maintenance, repair, and 

20 overhaul; and 

21 (B) the public; 

22 (3) recommend consensus national goals, stra23 tegic objectives, and priorities for the most efficient, 

24 streamlined, and cost-effective safety oversight and 

25 certification processes in order to maintain the safety 


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1 of the aviation system while allowing the FAA to 

2 meet future needs and ensure that aviation stake3 holders remain competitive in the global marketplace; 

4 (4) provide policy recommendations for the 

5 FAA’s safety oversight and certification efforts; 

6 (5) periodically review and provide recommenda7 tions regarding the FAA’s safety oversight and certifi8 cation efforts; 

9 (6) periodically review and evaluate registration, 

10 certification, and related fees; 

11 (7) provide appropriate legislative, regulatory, 

12 and guidance recommendations for the air transpor13 tation system and the aviation safety regulatory envi14 ronment; 

15 (8) recommend performance objectives for the 

16 FAA and aviation industry; 

17 (9) recommend performance metrics for the FAA 

18 and the aviation industry to be tracked and reviewed 

19 as streamlining certification reform, flight standards 

20 reform, and regulation consistency efforts progress; 

21 (10) provide a venue for tracking progress to22 ward national goals and sustaining joint commit23 ments; 

24 (11) recommend recruiting, hiring, staffing lev25 els, training, and continuing education objectives for 


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1 FAA aviation safety engineers and aviation safety in2 spectors; 

3 (12) provide advice and recommendations to the 

4 FAA on how to prioritize safety rulemaking projects; 

5 (13) improve the development of FAA regulations 

6 by providing information, advice, and recommenda7 tions related to aviation issues; 

8 (14) promote the validation and acceptance of 

9 U.S. manufactured and FAA type-certificate aircraft 

10 products and services throughout the world; and 

11 (15) any other functions as determined appro12 priate by the chairperson of the Advisory Committee 

13 and the Administrator. 

14 (d) MEMBERSHIP.— 

15 (1) VOTING MEMBERS.—The Advisory Committee 

16 shall be composed of the following voting members: 

17 (A) The Administrator, or the Administra18 tor’s designee. 

19 (B) At least 1 representative, appointed by 

20 the Secretary, of each of the following: 

21 (i) Transport aircraft and engine 

22 manufacturers. 

23 (ii) General aviation aircraft and en24 gine manufacturers. 


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1 (iii) Avionics and equipment manufac2 turers. 

3 (iv) Aviation labor organizations, in4 cluding collective bargaining representatives 

5 of FAA aviation safety inspectors and avia6 tion safety engineers. 

7 (v) General aviation operators. 

8 (vi) Air carriers. 

9 (vii) Business aviation operators. 

10 (viii) Unmanned aircraft systems 

11 manufacturers and operators. 

12 (ix) Aviation safety management ex13 perts. 

14 (x) Aviation maintenance, repair, and 

15 overhaul. 

16 (2) NONVOTING MEMBERS.— 

17 (A) IN GENERAL.—In addition to the mem18 bers appointed under paragraph (1), the Advi19 sory Committee shall be composed of nonvoting 

20 members appointed by the Secretary from among 

21 individuals representing FAA safety oversight 

22 program offices. 

23 (B) DUTIES.—A nonvoting member may— 

24 (i) take part in deliberations of the Ad25 visory Committee; and 


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1 (ii) provide input with respect to any 

2 report or recommendation of the Advisory 

3 Committee. 

4 (C) LIMITATION.—A nonvoting member 

5 may not represent any stakeholder interest other 

6 than that of an FAA safety oversight program 

7 office. 

8 (3) TERMS.—Each voting member and non9 voting member of the Advisory Committee shall be ap10 pointed for a term of 2 years. 

11 (4) RULE OF CONSTRUCTION.—Public Law 104– 

12 65 (2 U.S.C. 1601 et seq.) may not be construed to 

13 prohibit or otherwise limit the appointment of any 

14 individual as a member of the Advisory Committee. 

15 (e) COMMITTEE CHARACTERISTICS.—The Advisory 

16 Committee shall have the following characteristics: 

17 (1) Each voting member under subsection 

18 (d)(1)(B) shall be an executive that has decision au19 thority within the member’s organization and can 

20 represent and enter into commitments on behalf of 

21 that organization in a way that serves the entire 

22 group of organizations that member represents under 

23 that subsection. 


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1 (2) The ability to obtain necessary information 

2 from experts in the aviation and aerospace commu3 nities. 

4 (3) A membership size that enables the Advisory 

5 Committee to have substantive discussions and reach 

6 consensus on issues in an expeditious manner. 

7 (4) Appropriate expertise, including expertise in 

8 certification and risk-based safety oversight processes, 

9 operations, policy, technology, labor relations, train10 ing, and finance. 

11 (f) CHAIRPERSON.— 

12 (1) IN GENERAL.—The chairperson of the Advi13 sory Committee shall be appointed by the Secretary 

14 from among the voting members under subsection 

15 (d)(1)(B). 

16 (2) TERM.—Each member appointed under 

17 paragraph (1) shall serve a term of 2 years as chair18 person. 

19 (g) MEETINGS.— 

20 (1) FREQUENCY.—The Advisory Committee shall 

21 convene at least 2 meetings a year at the call of the 

22 chairperson. 

23 (2) PUBLIC ATTENDANCE.—Each meeting of the 

24 Advisory Committee shall be open and accessible to 

25 the public. 


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1 (h) SPECIAL COMMITTEES.— 

2 (1) ESTABLISHMENT.—The Advisory Committee 

3 may establish 1 or more special committees composed 

4 of private sector representatives, members of the pub5 lic, labor representatives, and other relevant parties 

6 in complying with consultation and participation re7 quirements under subsection (c)(2). 

8 (2) RULEMAKING ADVICE.—A special committee 

9 established by the Advisory Committee may— 

10 (A) provide rulemaking advice and rec11 ommendations to the Advisory Committee; 

12 (B) provide the FAA additional opportuni13 ties to obtain firsthand information and insight 

14 from those persons that are most affected by ex15 isting and proposed regulations; and 

16 (C) assist in expediting the development, re17 vision, or elimination of rules in accordance 

18 with, and without circumventing, established 

19 public rulemaking processes and procedures. 

20 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

21 Federal Advisory Committee Act (5 U.S.C. App.) 

22 shall not apply to a special committee under this sub23 section. 

24 (i) SUNSET.—The Advisory Committee shall cease to 

25 exist on September 30, 2021. 


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1 PART II—AIRCRAFT CERTIFICATION REFORM 

2 SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OB3 JECTIVES AND METRICS. 

4 (a) IN GENERAL.—Not later than 120 days after the 

5 date the Advisory Committee is established under section 

6 2212, the Administrator shall establish performance objec7 tives and apply and track performance metrics for the FAA 

8 and the aviation industry relating to aircraft certification 

9 in accordance with this section. 

10 (b) COLLABORATION.—The Administrator shall carry 

11 out this section in collaboration with the Advisory Com12 mittee and update agency performance objectives and 

13 metrics after considering the proposals recommended by the 

14 Advisory Committee under paragraphs (8) and (9) of sec15 tion 2212(c). 

16 (c) PERFORMANCE OBJECTIVES.—In establishing per17 formance objectives under subsection (a), the Administrator 

18 shall ensure progress is made toward, at a minimum— 

19 (1) eliminating certification delays and improv20 ing cycle times; 

21 (2) increasing accountability for both FAA and 

22 the aviation industry; 

23 (3) achieving effective utilization of FAA delega24 tion and designation authorities, including organiza25 tional designation authorization; 


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1 (4) effectively implementing risk management 

2 principles and a systems safety approach; 

3 (5) reducing duplication of effort; 

4 (6) increasing transparency; 

5 (7) developing and providing training, including 

6 recurrent training, in auditing and a systems safety 

7 approach to certification oversight; 

8 (8) improving the process for approving or ac9 cepting the certification actions between the FAA and 

10 bilateral partners; 

11 (9) maintaining and improving safety; 

12 (10) streamlining the hiring process for— 

13 (A) qualified systems safety engineers at 

14 staffing levels to support the FAA’s efforts to im15 plement a systems safety approach; and 

16 (B) qualified systems safety engineers to 

17 guide the engineering of complex systems within 

18 the FAA; and 

19 (11) maintaining the leadership of the United 

20 States in international aviation and aerospace. 

21 (d) PERFORMANCE METRICS.—In carrying out sub22 section (a), the Administrator shall— 

23 (1) apply and track performance metrics for the 

24 FAA and the aviation industry; and 


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1 (2) transmit to the appropriate committees of 

2 Congress an annual report on tracking the progress 

3 toward full implementation of the recommendations 

4 under section 2212. 

5 (e) DATA.— 

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

7 date the Advisory Committee recommends initial per8 formance metrics under section 2212(c)(9), the Ad9 ministrator shall generate initial data with respect to 

10 each of the performance metrics applied and tracked 

11 under this section. 

12 (2) BENCHMARKS.—The Administrator shall use 

13 the performance metrics applied and tracked under 

14 this section to generate data on an ongoing basis and 

15 to measure progress toward the consensus national 

16 goals, strategic objectives, and priorities recommended 

17 under section 2212(c)(3). 

18 (f) PUBLICATION.— 

19 (1) IN GENERAL.—Subject to paragraph (2), the 

20 Administrator shall make data generated using the 

21 performance metrics applied and tracked under this 

22 section available in a searchable, sortable, and 

23 downloadable format through the Internet Web site of 

24 the FAA or other appropriate methods. 


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1 (2) LIMITATIONS.—The Administrator shall 

2 make the data under paragraph (1) available in a 

3 manner that— 

4 (A) protects from disclosure identifying in5 formation regarding an individual or entity; 

6 and 

7 (B) protects from inappropriate disclosure 

8 proprietary information. 

9 SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZA10 TIONS. 

11 (a) IN GENERAL.—Chapter 447 is amended by adding 

12 at the end the following: 

13 ‘‘§ 44736. Organization designation authorizations 

14 ‘‘(a) DELEGATIONS OF FUNCTIONS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (3), in the oversight of an ODA holder, the Ad17 ministrator of the Federal Aviation Administration, 

18 in accordance with Federal Aviation Administration 

19 standards, shall— 

20 ‘‘(A) require, based on an application sub21 mitted by the ODA holder and approved by the 

22 Administrator (or the Administrator’s designee), 

23 a procedures manual that addresses all proce24 dures and limitations regarding the specified 

25 functions to be performed by the ODA holder 


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1 subject to regulations prescribed by the Adminis2 trator; 

3 ‘‘(B) delegate fully to the ODA holder each 

4 of the functions specified in the procedures man5 ual, unless the Administrator determines, after 

6 the date of the delegation and as a result of an 

7 accident finding, surveillance, or oversight, that 

8 it is in the public interest and safety of air com9 merce to require a limitation; and 

10 ‘‘(C) for each function that is limited under 

11 subparagraph (B), work with the ODA holder to 

12 develop the ODA holder’s capability to execute 

13 that function safely and effectively, and to return 

14 to full authority status. 

15 ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA hold16 er shall— 

17 ‘‘(A) perform each specified function dele18 gated to the ODA holder in accordance with the 

19 approved procedures manual for the delegation; 

20 ‘‘(B) make the procedures manual available 

21 to each member of the appropriate ODA unit; 

22 and 

23 ‘‘(C) cooperate fully with oversight activities 

24 conducted by the Administrator in connection 

25 with the delegation. 


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1 ‘‘(3) EXISTING ODA HOLDERS.—With regard to 

2 an ODA holder operating under a procedures manual 

3 approved by the Administrator before the date of en4 actment of the Federal Aviation Administration Re5 authorization Act of 2017, the Administrator shall— 

6 ‘‘(A) at the request of the ODA holder, and 

7 in an expeditious manner, consider revisions to 

8 the ODA holder’s procedures manual; 

9 ‘‘(B) delegate fully to the ODA holder each 

10 of the functions specified in the procedures man11 ual, unless the Administrator determines, after 

12 the date of the delegation and as a result of an 

13 accident finding, surveillance, or oversight, that 

14 it is in the public interest and safety of air com15 merce to require a limitation; and 

16 ‘‘(C) for each function that is limited under 

17 subparagraph (B), work with the ODA holder to 

18 develop the ODA holder’s capability to execute 

19 that function safely and effectively, and to return 

20 to full authority status. 

21 ‘‘(b) ODA OFFICE.— 

22 ‘‘(1) ESTABLISHMENT.—Not later than 120 days 

23 after the date of enactment of Federal Aviation Ad24 ministration Reauthorization Act of 2017, the Ad25 ministrator shall identify, within the Office of AviaVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 tion Safety, a centralized policy office to be respon2 sible for the organization designation authorization 

3 (referred to in this subsection as the ODA Office). The 

4 Director of the ODA Office shall report to the Director 

5 of the Aircraft Certification Service. 

6 ‘‘(2) PURPOSE.—The purpose of the ODA Office 

7 shall be to provide oversight and ensure consistency of 

8 the Federal Aviation Administration audit functions 

9 under the ODA program across the agency. 

10 ‘‘(3) FUNCTIONS.—The ODA Office shall— 

11 ‘‘(A)(i) at the request of an ODA holder, 

12 eliminate all limitations specified in a proce13 dures manual in place on the date of enactment 

14 of the Federal Aviation Administration Reau15 thorization Act of 2017 that are low and me16 dium risk as determined by a risk analysis using 

17 criteria established by the ODA Office and dis18 closed to the ODA holder, except where an ODA 

19 holder’s performance warrants the retention of a 

20 specific limitation due to documented concerns 

21 about inadequate current performance in car22 rying out that authorized function; 

23 ‘‘(ii) require an ODA holder to estab24 lish a corrective action plan to regain au25 thority for any retained limitations; 


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1 ‘‘(iii) require an ODA holder to notify 

2 the ODA Office when all corrective actions 

3 have been accomplished; and 

4 ‘‘(iv) make a reassessment to determine 

5 if subsequent performance in carrying out 

6 any retained limitation warrants continued 

7 retention and, if such reassessment deter8 mines performance meets objectives, lift such 

9 limitation immediately; 

10 ‘‘(B) improve the Administration and the 

11 ODA holder performance and ensure full use of 

12 the authorities delegated under the ODA pro13 gram; 

14 ‘‘(C) develop a more consistent approach to 

15 audit priorities, procedures, and training under 

16 the ODA program; 

17 ‘‘(D) expeditiously review a random sample 

18 of limitations on delegated authorities under the 

19 ODA program to determine if the limitations are 

20 appropriate; 

21 ‘‘(E) review and approve new limitations to 

22 ODA functions; and 

23 ‘‘(F) ensure national consistency in the in24 terpretation and application of the requirements 


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1 of the ODA program, including any limitations, 

2 and in the performance of the ODA program. 

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

4 ‘‘(1) ODA OR ORGANIZATION DESIGNATION AU5 THORIZATION.—The term ‘ODA’ or ‘organization des6 ignation authorization’ means an authorization 

7 under section 44702(d) to perform approved functions 

8 on behalf of the Administrator of the Federal Aviation 

9 Administration under subpart D of part 183 of title 

10 14, Code of Federal Regulations. 

11 ‘‘(2) ODA HOLDER.—The term ‘ODA holder’ 

12 means an entity authorized under section 44702(d)— 

13 ‘‘(A) to which the Administrator of the Fed14 eral Aviation Administration issues an ODA let15 ter of designation under subpart D of part 183 

16 of title 14, Code of Federal Regulations (or any 

17 corresponding similar regulation or ruling); and 

18 ‘‘(B) that is responsible for administering 1 

19 or more ODA units. 

20 ‘‘(3) ODA PROGRAM.—The term ‘ODA program’ 

21 means the program to standardize Federal Aviation 

22 Administration management and oversight of the or23 ganizations that are approved to perform certain 

24 functions on behalf of the Administration under sec25 tion 44702(d). 


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1 ‘‘(4) ODA UNIT.—The term ‘ODA unit’ means a 

2 group of 2 or more individuals under the supervision 

3 of an ODA holder who perform the specified functions 

4 under an ODA. 

5 ‘‘(5) ORGANIZATION.—The term ‘organization’ 

6 means a firm, a partnership, a corporation, a com7 pany, an association, a joint-stock association, or a 

8 governmental entity.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 The table of contents of chapter 447 is amended by adding 

11 after the item relating to section 44735 the following: 

‘‘44736. Organization designation authorizations.’’. 

12 SEC. 2223. ODA REVIEW. 

13 (a) EXPERT REVIEW PANEL.— 

14 (1) ESTABLISHMENT.—Not later than 120 days 

15 after the date of enactment of this Act, the Adminis16 trator of the FAA shall convene a multidisciplinary 

17 expert review panel (referred to in this section as the 

18 ‘‘Panel’’). 

19 (2) COMPOSITION.— 

20 (A) IN GENERAL.—The Panel shall be com21 posed of not more than 20 members appointed by 

22 the Administrator. 

23 (B) QUALIFICATIONS.—The members ap24 pointed to the Panel shall— 


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1 (i) each have a minimum of 5 years of 

2 experience in processes and procedures 

3 under the ODA program; and 

4 (ii) include representatives of ODA 

5 holders, aviation manufacturers, safety ex6 perts, and FAA labor organizations, includ7 ing labor representatives of FAA aviation 

8 safety inspectors and aviation safety engi9 neers. 

10 (b) SURVEY.—The Panel shall survey ODA holders 

11 and ODA program applicants to document FAA safety 

12 oversight and certification programs and activities, includ13 ing the FAA’s use of the ODA program and the speed and 

14 efficiency of the certification process. In carrying out this 

15 subsection, the Administrator shall consult with the appro16 priate survey experts and the Panel to best design and con17 duct the survey. 

18 (c) ASSESSMENT.—The Panel shall— 

19 (1) conduct an assessment of— 

20 (A) the FAA’s processes and procedures 

21 under the ODA program and whether the proc22 esses and procedures function as intended; 

23 (B) the best practices of and lessons learned 

24 by ODA holders and the FAA personnel who pro25 vide oversight of ODA holders; 


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1 (C) the performance incentive policies, re2 lated to the ODA program for FAA personnel, 

3 that do not conflict with the public interest; 

4 (D) the training activities related to the 

5 ODA program for FAA personnel and ODA 

6 holders; and 

7 (E) the impact, if any, that oversight of the 

8 ODA program has on FAA resources and the 

9 FAA’s ability to process applications for certifi10 cations outside of the ODA program; and 

11 (2) make recommendations for improving FAA 

12 safety oversight and certification programs and ac13 tivities based on the results of the survey under sub14 section (b) and each element of the assessment under 

15 paragraph (1) of this subsection. 

16 (d) REPORT.—Not later than 180 days after the date 

17 the Panel is convened under subsection (a), the Panel shall 

18 submit to the Administrator, the Advisory Committee, and 

19 the appropriate committees of Congress a report on results 

20 of the survey under subsection (b) and the assessment and 

21 recommendations under subsection (c). 

22 (e) DEFINITIONS.—The terms used in this section have 

23 the meanings given the terms in section 44736 of title 49, 

24 United States Code, as added by section 2222 of this Act. 


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1 (f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed2 eral Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the Panel. 

4 (g) SUNSET.—The Panel shall terminate on the date 

5 the report is submitted under subsection (d). 

6 SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS. 

7 (a) IN GENERAL.—Section 44704(a) is amended by 

8 adding at the end the following: 

9 ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC10 ESS.— 

11 ‘‘(A) IN GENERAL.—Not later than 15 

12 months after the date of enactment of the Federal 

13 Aviation Administration Reauthorization Act of 

14 2017, the Administrator shall establish an effec15 tive, expeditious, and milestone-based issue reso16 lution process for type certification activities 

17 under this subsection. 

18 ‘‘(B) PROCESS REQUIREMENTS.—The reso19 lution process shall provide for— 

20 ‘‘(i) the resolution of technical issues at 

21 preestablished stages of the certification 

22 process, as agreed to by the Administrator 

23 and the type certificate applicant; 

24 ‘‘(ii) the automatic escalation to ap25 propriate management personnel of the FedVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 eral Aviation Administration and the type 

2 certificate applicant of any major certifi3 cation process milestone that is not com4 pleted or resolved within a specific period of 

5 time agreed to by the Administrator and the 

6 type certificate applicant; and 

7 ‘‘(iii) the resolution of a major certifi8 cation process milestone escalated under 

9 clause (ii) within a specific period of time 

10 agreed to by the Administrator and the type 

11 certificate applicant. 

12 ‘‘(C) DEFINITION OF MAJOR CERTIFICATION

13 PROCESS MILESTONE.—In this paragraph, the 

14 term ‘major certification process milestone’ 

15 means a milestone related to a type certification 

16 basis, type certification plan, type inspection au17 thorization, issue paper, or other major type cer18 tification activity agreed to by the Administrator 

19 and the type certificate applicant.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 Section 44704 is amended in the heading by striking ‘‘air22 worthiness certificates,,’’ and inserting ‘‘air23 worthiness certificates,’’. 


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1 SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL 

2 GENERAL AVIATION AIRPLANES. 

3 (a) POLICY.—In a manner consistent with the Small 

4 Airplane Revitalization Act of 2013 (49 U.S.C. 44704 note), 

5 not later than 180 days after the date of enactment of this 

6 Act, the Administrator shall establish and begin imple7 menting a risk-based policy that streamlines the installa8 tion of safety enhancing technologies for small general avia9 tion airplanes in a manner that reduces regulatory delays 

10 and significantly improves safety. 

11 (b) INCLUSIONS.—The safety enhancing technologies 

12 for small general aviation airplanes described in subsection 

13 (a) shall include, at a minimum, the replacement or retrofit 

14 of primary flight displays, auto pilots, engine monitors, 

15 and navigation equipment. 

16 (c) COLLABORATION.—In carrying out this section, the 

17 Administrator shall collaborate with general aviation oper18 ators, general aviation manufacturers, and appropriate 

19 FAA labor organizations, including representatives of FAA 

20 aviation safety inspectors and aviation safety engineers, 

21 certified under section 7111 of title 5, United States Code. 

22 (d) DEFINITION OF SMALL GENERAL AVIATION AIR23 PLANE.—In this section, the term ‘‘small general aviation 

24 airplane’’ means an airplane that— 

25 (1) is certified to the standards of part 23 of title 

26 14, Code of Federal Regulations; 


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1 (2) has a seating capacity of not more than 9 

2 passengers; and 

3 (3) is not used in scheduled passenger-carrying 

4 operations under part 121 of title 14, Code of Federal 

5 Regulations. 

6 PART III—FLIGHT STANDARDS REFORM 

7 SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 

8 AND METRICS. 

9 (a) IN GENERAL.—Not later than 120 days after the 

10 date the Advisory Committee is established under section 

11 2212, the Administrator shall establish performance objec12 tives and apply and track performance metrics for the FAA 

13 and the aviation industry relating to flight standards ac14 tivities in accordance with this section. 

15 (b) COLLABORATION.—The Administrator shall carry 

16 out this section in collaboration with the Advisory Com17 mittee and update agency performance objectives and 

18 metrics after considering the recommendations of the Advi19 sory Committee under paragraphs (8) and (9) of section 

20 2212(c). 

21 (c) PERFORMANCE OBJECTIVES.—In carrying out sub22 section (a), the Administrator shall ensure that progress is 

23 made toward, at a minimum— 

24 (1) eliminating delays with respect to such ac25 tivities; 


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1 (2) increasing accountability for both FAA and 

2 the aviation industry; 

3 (3) effectively implementing risk management 

4 principles and a systems safety approach; 

5 (4) reducing duplication of effort; 

6 (5) promoting appropriate compliance activities 

7 and eliminating inconsistent regulatory interpreta8 tions and inconsistent enforcement activities; 

9 (6) improving and providing greater opportuni10 ties for training, including recurrent training, in au11 diting and a systems safety approach to oversight; 

12 (7) developing and allowing the use of a single 

13 master source for guidance; 

14 (8) providing and using a streamlined appeal 

15 process for the resolution of regulatory interpretation 

16 questions; 

17 (9) maintaining and improving safety; and 

18 (10) increasing transparency. 

19 (d) PERFORMANCE METRICS.—In carrying out sub20 section (a), the Administrator shall— 

21 (1) apply and track performance metrics for the 

22 FAA and the aviation industry; and 

23 (2) transmit to the appropriate committees of 

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1 ward full implementation of the performance metrics 

2 under section 2212. 

3 (e) DATA.— 

4 (1) BASELINES.—Not later than 1 year after the 

5 date the Advisory Committee recommends initial per6 formance metrics under section 2212(c)(9), the Ad7 ministrator shall generate initial data with respect to 

8 each of the performance metrics applied and tracked 

9 that are approved based on the recommendations re10 quired under this section. 

11 (2) BENCHMARKS.—The Administrator shall use 

12 the performance metrics applied and tracked under 

13 this section to generate data on an ongoing basis and 

14 to measure progress toward the consensus national 

15 goals, strategic objectives, and priorities recommended 

16 under section 2212(c)(3). 

17 (f) PUBLICATION.— 

18 (1) IN GENERAL.—Subject to paragraph (2), the 

19 Administrator shall make data generated using the 

20 performance metrics applied and tracked under this 

21 section available in a searchable, sortable, and 

22 downloadable format through the Internet Web site of 

23 the FAA or other appropriate methods. 


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1 (2) LIMITATIONS.—The Administrator shall 

2 make the data under paragraph (1) available in a 

3 manner that— 

4 (A) protects from disclosure identifying in5 formation regarding an individual or entity; 

6 and 

7 (B) protects from inappropriate disclosure 

8 proprietary information. 

9 SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS RE10 FORM. 

11 (a) ESTABLISHMENT.—Not later than 90 days after 

12 the date of enactment of this Act, the Administrator shall 

13 establish the FAA Task Force on Flight Standards Reform 

14 (referred to in this section as the ‘‘Task Force’’). 

15 (b) MEMBERSHIP.— 

16 (1) APPOINTMENT.—The membership of the Task 

17 Force shall be appointed by the Administrator. 

18 (2) NUMBER.—The Task Force shall be composed 

19 of not more than 20 members. 

20 (3) REPRESENTATION REQUIREMENTS.—The 

21 membership of the Task Force shall include represent22 atives, with knowledge of flight standards regulatory 

23 processes and requirements, of— 

24 (A) air carriers; 

25 (B) general aviation; 


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1 (C) business aviation; 

2 (D) repair stations; 

3 (E) unmanned aircraft systems operators; 

4 (F) flight schools; 

5 (G) manufacturers; 

6 (H) labor unions, including those rep7 resenting FAA aviation safety inspectors and 

8 those representing FAA aviation safety engineers; 

9 and 

10 (I) aviation safety experts. 

11 (c) DUTIES.—The duties of the Task Force shall in12 clude, at a minimum, identifying cost-effective best prac13 tices and providing recommendations with respect to— 

14 (1) simplifying and streamlining flight stand15 ards regulatory processes, including issuance and 

16 oversight of certificates; 

17 (2) reorganizing the Flight Standards Service to 

18 establish an entity organized by function rather than 

19 geographic region, if appropriate; 

20 (3) FAA aviation safety inspector training op21 portunities; 

22 (4) FAA aviation safety inspector standards and 

23 performance; and 

24 (5) achieving, across the FAA, consistent— 

25 (A) regulatory interpretations; and 


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1 (B) application of oversight activities. 

2 (d) REPORT.—Not later than 1 year after the date the 

3 Task Force is established under subsection (a), the Task 

4 Force shall submit to the Administrator, Advisory Com5 mittee, and appropriate committees of Congress a report de6 tailing— 

7 (1) the best practices identified and rec8 ommendations provided by the Task Force under sub9 section (c); and 

10 (2) any recommendations of the Task Force for 

11 additional regulatory action or cost-effective legisla12 tive action. 

13 (e) FLIGHT STANDARDS SERVICE REALIGNMENT FEA14 SIBILITY REPORT.—Not later than 1 year after the date of 

15 enactment of this Act, the Administrator shall submit to 

16 the appropriate committees of Congress a report on the find17 ings of the determination of the feasibility of realigning 

18 flight standards service regional field offices to specialized 

19 areas of aviation safety oversight and technical expertise. 

20 (f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed21 eral Advisory Committee Act (5 U.S.C. App.) shall not 

22 apply to the Task Force. 

23 (g) SUNSET.—The Task Force shall cease to exist on 

24 the date that the Task Force submits the report required 

25 under subsection (d). 


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1 SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE. 

2 (a) ESTABLISHMENT.—Not later than 1 year after the 

3 date of enactment of this Act, the Administrator of the FAA 

4 shall establish a centralized safety guidance database for all 

5 of the regulatory guidance issued by the FAA Office of Avia6 tion Safety regarding compliance with 1 or more aviation 

7 safety-related provisions of the Code of Federal Regulations. 

8 (b) REQUIREMENTS.—The database under subsection 

9 (a) shall— 

10 (1) for each guidance, include a link to the spe11 cific provision of the Code of Federal Regulations; 

12 (2) subject to paragraph (3), be accessible to the 

13 public; and 

14 (3) be provided in a manner that— 

15 (A) protects from disclosure identifying in16 formation regarding an individual or entity; 

17 and 

18 (B) protects from inappropriate disclosure 

19 proprietary information. 

20 (c) DATA ENTRY TIMING.— 

21 (1) EXISTING DOCUMENTS.—Not later than 14 

22 months after the date the database is established, the 

23 Administrator shall have completed entering into the 

24 database any applicable regulatory guidance that are 

25 in effect and were issued before that date. 


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1 (2) NEW REGULATORY GUIDANCE AND UP2 DATES.—Beginning on the date the database is estab3 lished, the Administrator shall ensure that any appli4 cable regulatory guidance that are issued on or after 

5 that date are entered into the database as they are 

6 issued. 

7 (d) CONSULTATION REQUIREMENT.—In establishing 

8 the database under subsection (a), the Administrator shall 

9 consult and collaborate with appropriate stakeholders, in10 cluding labor organizations (including those representing 

11 aviation workers, FAA aviation safety engineers, and FAA 

12 aviation safety inspectors) and aviation industry stake13 holders. 

14 (e) DEFINITION OF REGULATORY GUIDANCE.—In this 

15 section, the term ‘‘regulatory guidance’’ means all forms of 

16 written information issued by the FAA that an individual 

17 or entity may use to interpret or apply FAA regulations 

18 and requirements, including information an individual or 

19 entity may use to determine acceptable means of compliance 

20 with such regulations and requirements, such as an order, 

21 manual, circular, policy statement, legal interpretation 

22 memorandum, and rulemaking documents. 


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1 SEC. 2234. REGULATORY CONSISTENCY COMMUNICATION 

2 BOARD. 

3 (a) FUNCTIONS.—The Regulatory Consistency Com4 munication Board (referred to in this section as the 

5 ‘‘Board’’) shall carry out the following functions: 

6 (1) Recommend, at a minimum, processes by 

7 which— 

8 (A) FAA personnel and persons regulated 

9 by the FAA may submit regulatory interpreta10 tion questions without fear of retaliation; 

11 (B) FAA personnel may submit written 

12 questions as to whether a previous approval or 

13 regulatory interpretation issued by FAA per14 sonnel in another office or region is correct or 

15 incorrect; and 

16 (C) any other person may submit anony17 mous regulatory interpretation questions. 

18 (2) Meet on a regular basis to discuss and resolve 

19 questions submitted under paragraph (1) and the ap20 propriate application of regulations and policy with 

21 respect to each question. 

22 (3) Provide to a person that submitted a ques23 tion under subparagraph (A) or subparagraph (B) of 

24 paragraph (1) an expeditious written response to the 

25 question. 


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1 (4) Recommend a process to make the resolution 

2 of common regulatory interpretation questions pub3 licly available to FAA personnel and the public in a 

4 manner that— 

5 (A) does not reveal any identifying data of 

6 the person that submitted a question; and 

7 (B) protects any proprietary information. 

8 (5) Ensure that responses to questions under this 

9 subsection are incorporated into regulatory guidance 

10 (as defined in section 2233(e)). 

11 (b) PERFORMANCE METRICS, TIMELINES, AND

12 GOALS.—Not later than 180 days after the date that the 

13 Advisory Committee recommends performance objectives 

14 and performance metrics for the FAA and the aviation in15 dustry under paragraphs (8) and (9) of section 2212(c), the 

16 Administrator, in collaboration with the Advisory Com17 mittee, shall— 

18 (1) establish performance metrics, timelines, and 

19 goals to measure the progress of the Board in resolv20 ing regulatory interpretation questions submitted 

21 under subsection (a)(1); and 

22 (2) implement a process for tracking the progress 

23 of the Board in meeting the performance metrics, 

24 timelines, and goals under paragraph (1). 


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1 PART IV—SAFETY WORKFORCE 

2 SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY. 

3 (a) SAFETY WORKFORCE TRAINING STRATEGY.—Not 

4 later than 60 days after the date of enactment of this Act, 

5 the Administrator of the FAA shall review and revise its 

6 safety workforce training strategy to ensure that it— 

7 (1) aligns with an effective risk-based approach 

8 to safety oversight; 

9 (2) best utilizes available resources; 

10 (3) allows FAA employees participating in orga11 nization management teams or conducting ODA pro12 gram audits to complete, expeditiously, appropriate 

13 training, including recurrent training, in auditing 

14 and a systems safety approach to oversight; 

15 (4) seeks knowledge-sharing opportunities be16 tween the FAA and the aviation industry in new 

17 technologies, best practices, and other areas of interest 

18 related to safety oversight; 

19 (5) fosters an inspector and engineer workforce 

20 that has the skills and training necessary to improve 

21 risk-based approaches that focus on requirements 

22 management and auditing skills; and 

23 (6) includes, as appropriate, milestones and 

24 metrics for meeting the requirements of paragraphs 

25 (1) through (5). 


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1 (b) REPORT.—Not later than 270 days after the date 

2 the strategy is established under subsection (a), the Admin3 istrator shall submit to the appropriate committees of Con4 gress a report on the implementation of the strategy and 

5 progress in meeting any milestones or metrics included in 

6 the strategy. 

7 (c) DEFINITIONS.—In this section: 

8 (1) ODA HOLDER.—The term ‘‘ODA holder’’ has 

9 the meaning given the term in section 44736 of title 

10 49, United States Code, as added by section 2222 of 

11 this Act. 

12 (2) ODA PROGRAM.—The term ‘‘ODA program’’ 

13 has the meaning given the term in section 44736(c)(3) 

14 of title 49, United States Code, as added by section 

15 2222 of this Act. 

16 (3) ORGANIZATION MANAGEMENT TEAM.—The 

17 term ‘‘organization management team’’ means a 

18 group of FAA employees consisting of FAA aviation 

19 safety engineers, flight test pilots, and aviation safety 

20 inspectors overseeing an ODA holder and its specified 

21 function delegated under section 44702 of title 49, 

22 United States Code. 


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1 PART V—INTERNATIONAL AVIATION 

2 SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE 

3 STANDARDS, PRODUCTS, AND SERVICES 

4 ABROAD. 

5 Section 40104 is amended by adding at the end the 

6 following: 

7 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

8 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

9 Secretary shall take appropriate actions— 

10 ‘‘(1) to promote United States aerospace-related 

11 safety standards abroad; 

12 ‘‘(2) to facilitate and vigorously defend approv13 als of United States aerospace products and services 

14 abroad; 

15 ‘‘(3) with respect to bilateral partners, to use bi16 lateral safety agreements and other mechanisms to 

17 improve validation of United States type certificated 

18 aeronautical products and services and enhance mu19 tual acceptance in order to eliminate redundancies 

20 and unnecessary costs; and 

21 ‘‘(4) with respect to the aeronautical safety au22 thorities of a foreign country, to streamline that coun23 try’s validation of United States aerospace standards, 

24 products, and services.’’. 


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1 SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 

2 RESPONSIBILITIES. 

3 Section 44701(e) is amended by adding at the end the 

4 following: 

5 ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

6 ‘‘(A) ACCEPTANCE.—Subject to subpara7 graph (D), the Administrator may accept an 

8 airworthiness directive (as defined in section 

9 39.3 of title 14, Code of Federal Regulations) 

10 issued by an aeronautical safety authority of a 

11 foreign country, and leverage that aeronautical 

12 safety authority’s regulatory process, if— 

13 ‘‘(i) the country is the state of design 

14 for the product that is the subject of the air15 worthiness directive; 

16 ‘‘(ii) the United States has a bilateral 

17 safety agreement relating to aircraft certifi18 cation with the country; 

19 ‘‘(iii) as part of the bilateral safety 

20 agreement with the country, the Adminis21 trator has determined that the aeronautical 

22 safety authority has an aircraft certifi23 cation system relating to safety that pro24 duces a level of safety equivalent to the level 

25 produced by the system of the Federal Avia26 tion Administration; 


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1 ‘‘(iv) the aeronautical safety authority 

2 utilizes an open and transparent public no3 tice and comment process, including consid4 ering comments from owners and operators 

5 of foreign-registered aircraft and other aero6 nautical products and appliances in the 

7 issuance of airworthiness directives; and 

8 ‘‘(v) the airworthiness directive ad9 dresses a specific issue necessary for the safe 

10 operation of aircraft subject to the directive. 

11 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

12 Notwithstanding subparagraph (A), the Admin13 istrator may issue a Federal Aviation Adminis14 tration airworthiness directive instead of accept15 ing the airworthiness directive issued by the 

16 aeronautical safety authority of a foreign coun17 try if the Administrator determines that such 

18 issuance is necessary for safety or operational 

19 reasons due to the complexity or unique features 

20 of the Federal Aviation Administration air21 worthiness directive or the United States avia22 tion system. 

23 ‘‘(C) ALTERNATIVE MEANS OF COMPLI24 ANCE.—The Administrator— 


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1 ‘‘(i) may accept an alternative means 

2 of compliance, with respect to an airworthi3 ness directive under subparagraph (A), that 

4 was approved by the aeronautical safety au5 thority of the foreign country that issued the 

6 airworthiness directive; or 

7 ‘‘(ii) notwithstanding subparagraph 

8 (A), and at the request of any person af9 fected by an airworthiness directive under 

10 that subparagraph— 

11 ‘‘(I) shall consider an alternative 

12 means of compliance with respect to 

13 the airworthiness directive; and 

14 ‘‘(II) may approve such alter15 native means, if appropriate. 

16 ‘‘(D) LIMITATIONS.—The Administrator 

17 may not accept an airworthiness directive issued 

18 by an aeronautical safety authority of a foreign 

19 country if the airworthiness directive addresses 

20 matters other than those involving the safe oper21 ation of an aircraft.’’. 

22 SEC. 2253. FAA LEADERSHIP ABROAD. 

23 (a) IN GENERAL.—To promote United States aero24 space safety standards, reduce redundant regulatory activVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 ity, and facilitate acceptance of FAA design and production 

2 approvals abroad, the Administrator shall— 

3 (1) attain greater expertise in issues related to 

4 dispute resolution, intellectual property, and export 

5 control laws to better support FAA certification and 

6 other aerospace regulatory activities abroad; 

7 (2) work with United States companies to more 

8 accurately track the amount of time it takes foreign 

9 authorities, including bilateral partners, to validate 

10 United States type certificated aeronautical products; 

11 (3) provide assistance to United States compa12 nies who have experienced significantly long foreign 

13 validation wait times; 

14 (4) work with foreign authorities, including bi15 lateral partners, to collect and analyze data to deter16 mine the timeliness of the acceptance and validation 

17 of FAA design and production approvals by foreign 

18 authorities and the acceptance and validation of for19 eign-certified products by the FAA; 

20 (5) establish appropriate benchmarks and 

21 metrics to measure the success of bilateral aviation 

22 safety agreements and to reduce the validation time 

23 for United States type certificated aeronautical prod24 ucts abroad; and 


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1 (6) work with foreign authorities, including bi2 lateral partners, to improve the timeliness of the ac3 ceptance and validation of FAA design and produc4 tion approvals by foreign authorities and the accept5 ance and validation of foreign-certified products by 

6 the FAA. 

7 (b) REPORT.—Not later than 1 year after the date of 

8 enactment of this Act, the Administrator shall submit to 

9 the appropriate committees of Congress a report that— 

10 (1) describes the Administrator’s strategic plan 

11 for international engagement; 

12 (2) describes the structure and responsibilities of 

13 all FAA offices that have international responsibil14 ities, including the Aircraft Certification Office, and 

15 all the activities conducted by those offices related to 

16 certification and production; 

17 (3) describes current and forecasted staffing and 

18 travel needs for the FAA’s international engagement 

19 activities, including the needs of the Aircraft Certifi20 cation Office in the current and forecasted budgetary 

21 environment; 

22 (4) provides recommendations, if appropriate, to 

23 improve the existing structure and personnel and 

24 travel policies supporting the FAA’s international en25 gagement activities, including the activities of the 


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1 Aviation Certification Office, to better support the 

2 growth of United States aerospace exports; and 

3 (5) identifies policy initiatives, regulatory ini4 tiatives, or cost-effective legislative initiatives needed 

5 to improve and enhance the timely acceptance of 

6 United States aerospace products abroad. 

7 (c) INTERNATIONAL TRAVEL.—The Administrator of 

8 the FAA, or the Administrator’s designee, may authorize 

9 international travel for any FAA employee, without the ap10 proval of any other person or entity, if the Administrator 

11 determines that the travel is necessary— 

12 (1) to promote United States aerospace safety 

13 standards; or 

14 (2) to support expedited acceptance of FAA de15 sign and production approvals. 

16 SEC. 2254. REGISTRATION, CERTIFICATION, AND RELATED 

17 FEES. 

18 Section 45305 is amended— 

19 (1) in subsection (a), by striking ‘‘Subject to sub20 section (b)’’ and inserting ‘‘Subject to subsection (c)’’; 

21 (2) by redesignating subsections (b) and (c) as 

22 subsections (c) and (d), respectively; and 

23 (3) by inserting after subsection (a) the fol24 lowing: 


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1 ‘‘(b) CERTIFICATION SERVICES.—Subject to subsection 

2 (c), and notwithstanding section 45301(a), the Adminis3 trator may establish and collect a fee from a foreign govern4 ment or entity for services related to certification, regardless 

5 of where the services are provided, if the fee— 

6 ‘‘(1) is established and collected in a manner 

7 consistent with aviation safety agreements; and 

8 ‘‘(2) does not exceed the estimated costs of the 

9 services.’’. 

10 Subtitle C—Airline Passenger 

11 Safety and Protections 

12 SEC. 2301. ACCESS TO AIR CARRIER FLIGHT DECKS. 

13 The Administrator of the Federal Aviation Adminis14 tration shall collaborate with other aviation authorities to 

15 advance a global standard for access to air carrier flight 

16 decks and redundancy requirements consistent with the 

17 flight deck access and redundancy requirements in the 

18 United States. 

19 SEC. 2302. AIRCRAFT TRACKING AND FLIGHT DATA. 

20 (a) IN GENERAL.—Not later than 1 year after the date 

21 of enactment of this Act, the Administrator of the Federal 

22 Aviation Administration shall assess current performance 

23 standards, and as appropriate, conduct a rulemaking to re24 vise the standards to improve near-term and long-term air25 craft tracking and flight data recovery, including retrieval, 


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1 access, and protection of such data after an incident or acci2 dent. 

3 (b) CONSIDERATIONS.—In revising the performance 

4 standards under subsection (a), the Administrator may con5 sider— 

6 (1) various methods for improving detection and 

7 retrieval of flight data, including— 

8 (A) low frequency underwater locating de9 vices; and 

10 (B) extended battery life for underwater lo11 cating devices; 

12 (2) automatic deployable flight recorders; 

13 (3) triggered transmission of flight data, and 

14 other satellite-based solutions; 

15 (4) distress-mode tracking; and 

16 (5) protections against disabling flight recorder 

17 systems. 

18 (c) COORDINATION.—If the performance standards 

19 under subsection (a) are revised, the Administrator shall 

20 coordinate with international regulatory authorities and 

21 the International Civil Aviation Organization to ensure 

22 that any new international standard for aircraft tracking 

23 and flight data recovery is consistent with a performance24 based approach and is implemented in a globally har25 monized manner. 


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1 SEC. 2303. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 

2 AND REST REQUIREMENTS. 

3 (a) MODIFICATION OF FINAL RULE.—Not later than 

4 1 year after the date of enactment of this Act, the Adminis5 trator of the Federal Aviation Administration shall revise 

6 the flight attendant duty period limitations and rest re7 quirements under section 121.467 of title 14, Code of Fed8 eral Regulations. 

9 (b) CONTENTS.—Except as provided in subsection (c), 

10 in revising the rule under subsection (a), the Administrator 

11 shall ensure that a flight attendant scheduled to a duty pe12 riod of 14 hours or less is given a scheduled rest period 

13 of at least 10 consecutive hours. 

14 (c) EXCEPTION.—The rest period required under sub15 section (b) may be scheduled or reduced to 9 consecutive 

16 hours if the flight attendant is provided a subsequent rest 

17 period of at least 11 consecutive hours. 

18 (d) FATIGUE RISK MANAGEMENT PLAN.— 

19 (1) SUBMISSION OF PLAN BY PART 121 AIR CAR20 RIERS.—Not later than 90 days after the date of en21 actment of this Act, each air carrier operating under 

22 part 121 of title 14, Code of Federal Regulations (re23 ferred to in this subsection as a ‘‘part 121 air car24 rier’’), shall submit a fatigue risk management plan 

25 for the carrier’s flight attendants to the Administrator 

26 for review and acceptance. 


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1 (2) CONTENTS OF PLAN.—Each fatigue risk 

2 management plan submitted under paragraph (1) 

3 shall include— 

4 (A) current flight time and duty period 

5 limitations; 

6 (B) a rest scheme that is consistent with 

7 such limitations and enables the management of 

8 flight attendant fatigue, including annual train9 ing to increase awareness of— 

10 (i) fatigue; 

11 (ii) the effects of fatigue on flight at12 tendants; and 

13 (iii) fatigue countermeasures; and 

14 (C) the development and use of methodology 

15 that continually assesses the effectiveness of im16 plementation of the plan, including the ability of 

17 the plan— 

18 (i) to improve alertness; and 

19 (ii) to mitigate performance errors. 

20 (3) REVIEW.—Not later than 1 year after the 

21 date of enactment of this Act, the Administrator 

22 shall— 

23 (A) review each fatigue risk management 

24 plan submitted under this subsection; and 

25 (B)(i) accept the plan; or 


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1 (ii) reject the plan and provide the 

2 part 121 air carrier with suggested modi3 fications to be included when the plan is re4 submitted. 

5 (4) PLAN UPDATES.— 

6 (A) IN GENERAL.—Not less frequently than 

7 once every 2 years, each part 121 air carrier 

8 shall— 

9 (i) update the fatigue risk management 

10 plan submitted under paragraph (1); and 

11 (ii) submit the updated plan to the Ad12 ministrator for review and acceptance. 

13 (B) REVIEW.—Not later than 1 year after 

14 the date on which an updated plan is submitted 

15 under subparagraph (A)(ii), the Administrator 

16 shall— 

17 (i) review the updated plan; and 

18 (ii)(I) accept the updated plan; or 

19 (II) reject the updated plan and 

20 provide the part 121 air carrier with 

21 suggested modifications to be included 

22 when the updated plan is resubmitted. 

23 (5) COMPLIANCE.—Each part 121 air carrier 

24 shall comply with its fatigue risk management plan 


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1 after the plan is accepted by the Administrator under 

2 this subsection. 

3 (6) CIVIL PENALTIES.—A violation of this sub4 section by a part 121 air carrier shall be treated as 

5 a violation of chapter 447 of title 49, United States 

6 Code, for the purpose of applying civil penalties 

7 under chapter 463 of such title. 

8 SEC. 2304. REPORT ON OBSOLETE TEST EQUIPMENT. 

9 (a) REPORT.—Not later than 18 months after the date 

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall submit to the appropriate 

12 committees of Congress a report on the National Test 

13 Equipment Program (referred to in this section as the ‘‘Pro14 gram’’). 

15 (b) CONTENTS.—The report shall include— 

16 (1) a list of all known outstanding requests for 

17 test equipment, cataloged by type and location, under 

18 the Program; 

19 (2) a description of the current method under the 

20 Program of ensuring calibrated equipment is in place 

21 for utilization; 

22 (3) a plan by the Administrator for appropriate 

23 inventory of such equipment; and 

24 (4) the Administrator’s recommendations for in25 creasing multifunctionality in future test equipment 


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1 to be developed and all known and foreseeable manu2 facturer technological advances. 

3 SEC. 2305. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARN4 INGS OF POTENTIAL RUNWAY INCURSIONS. 

5 (a) IN GENERAL.—Not later than June 30, 2018, the 

6 Administrator of the Federal Aviation Administration 

7 shall— 

8 (1) assess available technologies to determine 

9 whether it is feasible, cost-effective, and appropriate 

10 to install and deploy, at any airport, systems to pro11 vide a direct warning capability to flight crews and 

12 air traffic controllers of potential runway incursions; 

13 and 

14 (2) submit to the appropriate committees of Con15 gress a report on the assessment under paragraph (1), 

16 including any recommendations. 

17 (b) CONSIDERATIONS.—In conducting the assessment 

18 under subsection (a), the Administration shall consider Na19 tional Transportation Safety Board findings and relevant 

20 aviation stakeholder views relating to runway incursions. 

21 SEC. 2306. HELICOPTER AIR AMBULANCE OPERATIONS 

22 DATA AND REPORTS. 

23 (a) IN GENERAL.—Not later than 1 year after the date 

24 of enactment of this Act, the Administrator of the Federal 

25 Aviation Administration, in collaboration with helicopter 


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1 air ambulance industry stakeholders, shall assess the avail2 ability of information to the general public related to the 

3 location of heliports and helipads used by helicopters pro4 viding air ambulance services, including helipads and 

5 helipads outside of those listed as part of any existing data6 bases of Airport Master Record (5010) forms. 

7 (b) REQUIREMENTS.—Based on the assessment under 

8 subsection (a), the Administrator shall— 

9 (1) update, as necessary, any existing guidance 

10 on what information is included in the current data11 bases of Airport Master Record (5010) forms to in12 clude information related to heliports and helipads 

13 used by helicopters providing air ambulance services; 

14 or 

15 (2) develop, as appropriate and in collaboration 

16 with helicopter air ambulance industry stakeholders, 

17 a new database of heliports and helipads used by heli18 copters providing air ambulance services. 

19 (c) REPORTS.— 

20 (1) ASSESSMENT.—Not later than 30 days after 

21 the date the assessment under subsection (a) is com22 plete, the Administrator shall submit to the appro23 priate committees of Congress a report on the assess24 ment, including any recommendations on how to 

25 make information related to the location of heliports 


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1 and helipads used by helicopters providing air ambu2 lance services available to the general public. 

3 (2) IMPLEMENTATION.—Not later than 30 days 

4 after completing action under paragraph (1) or para5 graph (2) of subsection (b), the Administrator shall 

6 submit to the appropriate committees of Congress a 

7 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 there14 after’’ and inserting ‘‘annually’’; 

15 (B) in paragraph (2), by striking ‘‘flights 

16 and hours flown, by registration number, during 

17 which helicopters operated by the certificate hold18 er were providing helicopter air ambulance serv19 ices’’ and inserting ‘‘hours flown by the heli20 copters operated by the certificate holder’’; 

21 (C) in paragraph (3)— 

22 (i) by striking ‘‘of flight’’ and inserting 

23 ‘‘of patients transported and the number of 

24 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 heli12 copters 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 sub17 mit’’ 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 experi23 enced by helicopter air ambulance operations, 

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1 tors providing helicopter air ambulance serv2 ices.’’; 

3 (3) by redesignating subsection (e) as subsection 

4 (f); and 

5 (4) by inserting after subsection (d) the fol6 lowing: 

7 ‘‘(e) IMPLEMENTATION.—In carrying out this section, 

8 the Administrator, in collaboration with part 135 certifi9 cate holders providing helicopter air ambulance services, 

10 shall— 

11 ‘‘(1) propose and develop a method to collect and 

12 store the data submitted under subsection (a), includ13 ing a method to protect the confidentiality of any 

14 trade secret or proprietary information submitted; 

15 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 of 

22 this Act, the Administrator of the Federal Aviation Admin23 istration shall— 

24 (1) determine, in collaboration with the National 

25 Transportation Safety Board and part 135 industry 


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1 stakeholders, what, if any, additional data should be 

2 reported as part of an accident or incident notice— 

3 (A) to more accurately measure the safety of 

4 on-demand part 135 aircraft activity; 

5 (B) to pinpoint safety problems; and 

6 (C) to form the basis for critical research 

7 and analysis of general aviation issues; and 

8 (2) submit to the appropriate committees of Con9 gress a report on the findings under paragraph (1), 

10 including a description of the additional data to be 

11 collected, a timeframe for implementing the addi12 tional data collection, and any potential obstacles to 

13 implementation. 

14 SEC. 2308. DEFINITION OF HUMAN FACTORS. 

15 Section 40102(a), as amended by section 2135 of this 

16 Act, is further amended— 

17 (1) by redesignating paragraphs (24) through 

18 (47) as paragraphs (25) through (48), respectively; 

19 and 

20 (2) by inserting after paragraph (23) the fol21 lowing: 

22 ‘‘(24) ‘human factors’ means a multidisciplinary 

23 field that generates and compiles information about 

24 human capabilities and limitations and applies it to 

25 design, development, and evaluation of equipment, 


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1 systems, facilities, procedures, jobs, environments, 

2 staffing, organizations, and personnel management 

3 for safe, efficient, and effective human performance, 

4 including people’s use of technology.’’. 

5 SEC. 2309. SENSE OF CONGRESS; PILOT IN COMMAND AU6 THORITY. 

7 It is the sense of Congress that the pilot in command 

8 of an aircraft is directly responsible for, and is the final 

9 authority as to, the operation of that aircraft, as set forth 

10 in section 91.3(a) of title 14, Code of Federal Regulations 

11 (or any successor regulation thereto). 

12 SEC. 2310. ENHANCING ASIAS. 

13 (a) IN GENERAL.—Not later than 1 year after the date 

14 of enactment of this Act, the Administrator of the Federal 

15 Aviation Administration, in consultation with relevant 

16 aviation industry stakeholders, shall assess what, if any, 

17 improvements are needed to develop the predictive capa18 bility of the Aviation Safety Information Analysis and 

19 Sharing program (referred to in this section as ‘‘ASIAS’’) 

20 with regard to identifying precursors to accidents. 

21 (b) CONTENTS.—In conducting the assessment under 

22 subsection (a), the Administrator shall— 

23 (1) determine what actions are necessary— 

24 (A) to improve data quality and standard25 ization; and 


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1 (B) to increase the data received from addi2 tional segments of the aviation industry, such as 

3 small airplane, helicopter, and business jet oper4 ations; 

5 (2) consider how to prioritize the actions de6 scribed in paragraph (1); and 

7 (3) review available methods for disseminating 

8 safety trend data from ASIAS to the aviation safety 

9 community, including the inspector workforce, to in10 form in their risk-based decision making efforts. 

11 (c) REPORT.—Not later than 60 days after the date 

12 the assessment under subsection (a) is complete, the Admin13 istrator shall submit to the appropriate committees of Con14 gress a report on the assessment, including recommenda15 tions regarding paragraphs (1) through (3) of subsection 

16 (b). 

17 SEC. 2311. IMPROVING RUNWAY SAFETY. 

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

19 Aviation Administration shall expedite the development of 

20 metrics— 

21 (1) to allow the Federal Aviation Administration 

22 to determine whether runway incursions are increas23 ing; and 

24 (2) to assess the effectiveness of implemented run25 way safety initiatives. 


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1 (b) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Administrator shall submit to 

3 the appropriate committees of Congress a report on the 

4 progress in developing the metrics described in subsection 

5 (a). 

6 (c) PROGRESS REPORT ON RUNWAY SAFETY GRANT

7 ELIGIBILITY.—Section 47144 is amended— 

8 (1) by redesignating subsection (b) as subsection 

9 (c); 

10 (2) in subsection (a), by striking ‘‘subsection (b)’’ 

11 and inserting ‘‘subsection (c)’’; and 

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) PROGRESS REPORTS.— 

15 ‘‘(1) INITIAL REPORT.—Not later than 60 days 

16 after the date of enactment of the Federal Aviation 

17 Administration Reauthorization Act of 2017, the Sec18 retary of Transportation shall submit a report to the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Transpor21 tation and Infrastructure of the House of Representa22 tives that includes, with respect to a pending applica23 tion for a grant under subsection (a), what actions 

24 the Secretary is taking to expedite the implementation 

25 of immediate steps that are determined necessary to 


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1 ensure the safety and operational benefits of oper2 ations at the airport. 

3 ‘‘(2) FINAL REPORT.—Not later than 180 days 

4 after the date of enactment of the Federal Aviation 

5 Administration Reauthorization Act of 2017, the Sec6 retary of Transportation shall— 

7 ‘‘(A) make a final determination on whether 

8 to award a pending application for a grant 

9 under subsection (a) to an airport described in 

10 subsection (c); or 

11 ‘‘(B) if the Secretary determines not to 

12 award a grant or a determination is not made 

13 under subparagraph (A), submit a report to the 

14 committees referred to in paragraph (1) that in15 cludes, with respect to such grant and airport— 

16 ‘‘(i) the steps that have been taken by 

17 the Secretary to determine whether an air18 port meets the description for grant eligi19 bility; 

20 ‘‘(ii) the factors that the Secretary is 

21 considering in determining whether there is 

22 a demonstrated need to improve a runway 

23 safety area; 

24 ‘‘(iii) the factors the Secretary is con25 sidering in determining whether repairing, 


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1 replacing, or improving the runway safety 

2 area is reasonable in relation to the antici3 pated safety and operational benefit of such 

4 repair, replacement, or improvement, re5 spectively; and 

6 ‘‘(iv) when the Secretary will deter7 mine whether such grant will be awarded.’’. 

8 SEC. 2312. SAFE AIR TRANSPORTATION OF LITHIUM CELLS 

9 AND BATTERIES. 

10 (a) RESTRICTIONS ON TRANSPORTATION OF LITHIUM

11 BATTERIES ON AIRCRAFT.— 

12 (1) ADOPTION OF ICAO INSTRUCTIONS.— 

13 (A) IN GENERAL.—Pursuant to section 828 

14 of the FAA Modernization and Reform Act of 

15 2012 (49 U.S.C. 44701 note), not later than 90 

16 days after the date of enactment of this Act, the 

17 Secretary of the Department of Transportation 

18 shall conform United States regulations on the 

19 air transport of lithium cells and batteries with 

20 the lithium cells and battery requirements in the 

21 2015–2016 edition of the International Civil 

22 Aviation Organization’s (referred to in this sub23 section as ‘‘ICAO’’) Technical Instructions (to 

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1 ards adopted by ICAO which became effective on 

2 April 1, 2016. 

3 (B) FURTHER PROCEEDINGS.—Beginning 

4 on the date the revised regulations under sub5 paragraph (A) are published in the Federal Reg6 ister, any lithium cell and battery rulemaking 

7 action or update commenced on or after that 

8 date shall continue to comply with the require9 ments under section 828 of the FAA Moderniza10 tion and Reform Act of 2012 (49 U.S.C. 44701 

11 note). 

12 (2) REVIEW OF OTHER REGULATIONS.—Pursu13 ant to section 828 of the FAA Modernization and Re14 form Act of 2012 (49 U.S.C. 44701 note), the Sec15 retary 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 appli21 cants, the Secretary of Transportation shall con22 sider and either grant or deny, within 45 days, 

23 applications submitted in compliance with part 

24 107 of title 49, Code of Federal Regulations, for 

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1 tation of lithium ion cells or batteries specifi2 cally used by medical devices. Not later than 30 

3 days after the date of application, the Pipeline 

4 and Hazardous Materials Safety Administration 

5 shall provide a draft special permit based on the 

6 application to the Federal Aviation Administra7 tion. The Federal Aviation Administration shall 

8 conduct an on-site inspection for issuance of the 

9 special permit not later than 10 days after the 

10 date of receipt of the draft special permit from 

11 the Pipeline and Hazardous Materials Safety 

12 Administration. 

13 (B) LIMITED EXCEPTIONS TO RESTRICTIONS

14 ON AIR TRANSPORTATION OF MEDICAL DEVICE

15 BATTERIES.—The Secretary shall issue limited 

16 exceptions to the restrictions on transportation of 

17 lithium ion and lithium metal batteries to allow 

18 the shipment on a passenger aircraft of not more 

19 than 2 replacement batteries specifically used for 

20 a medical device if— 

21 (i) the intended destination of the bat22 teries is not serviced daily by cargo aircraft 

23 if a battery is required for medically nec24 essary care; and 


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1 (ii) with regard to a shipper of lithium 

2 ion or lithium metal batteries for medical 

3 devices that cannot comply with a charge 

4 limitation in place at the time, each battery 

5 is— 

6 (I) individually packed in an 

7 inner packaging that completely en8 closes the battery; 

9 (II) placed in a rigid outer pack10 aging; and 

11 (III) protected to prevent a short 

12 circuit. 

13 (C) 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 Act 

17 (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 Re22 form 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 to 

2 the promotion of the safe manufacture, use, and transpor3 tation of lithium batteries and cells. 

4 (1) COMPOSITION.— 

5 (A) IN GENERAL.—The working group shall 

6 be composed of at least 1 representative from 

7 each of the following: 

8 (i) Department of Transportation. 

9 (ii) Consumer Product Safety Commis10 sion. 

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 manufacture, 

17 use, or transportation of lithium batteries and 

18 cells. 

19 (C) SUBCOMMITTEES.—The President, or 

20 members of the working group, may— 

21 (i) establish working group subcommit22 tees to focus on specific issues related to the 

23 safe manufacture, use, or transportation of 

24 lithium batteries and 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 risk 

9 of fires and explosions from lithium bat10 teries 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 committees 

18 of Congress a report on the research under sub19 paragraph (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 Advi24 sory Committee Act (5 U.S.C. App.) shall not apply 

25 to the working group. 


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1 (4) TERMINATION.—The working group, and any 

2 working group subcommittees, shall terminate 90 

3 days after the date the report is transmitted under 

4 paragraph (2). 

5 (c) PARTICIPATION.—The Secretary of Transportation 

6 shall request that as part of the ICAO deliberations in the 

7 dangerous good panel on these issues, that appropriate ex8 perts on issues under consideration be allowed to partici9 pate. 

10 SEC. 2313. AIRCRAFT CABIN EVACUATION PROCEDURES. 

11 (a) REVIEW.—The Administrator of the Federal Avia12 tion Administration shall review— 

13 (1) evacuation certification of transport-category 

14 aircraft used in air transportation, with regard to— 

15 (A) emergency conditions, including im16 pacts into water; 

17 (B) crew procedures used for evacuations 

18 under actual emergency conditions; 

19 (C) any relevant changes to passenger de20 mographics and legal requirements, including 

21 the Americans with Disabilities Act of 1990 (42 

22 U.S.C. 12101 et seq.), that affect emergency evac23 uations; and 

24 (D) any relevant changes to passenger seat25 ing configurations, including changes to seat 


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1 width, padding, reclining, size, pitch, leg room, 

2 and aisle width; and 

3 (2) recent accidents and incidents in which pas4 sengers evacuated such aircraft. 

5 (b) CONSULTATION; REVIEW OF DATA.—In conducting 

6 the review under subsection (a), the Administrator shall— 

7 (1) consult with the National Transportation 

8 Safety Board, transport-category aircraft manufac9 turers, air carriers, and other relevant experts and 

10 Federal agencies, including groups representing pas11 sengers, airline crew members, maintenance employ12 ees, and emergency responders; and 

13 (2) review relevant data with respect to evacu14 ation certification of transport-category aircraft. 

15 (c) REPORT TO CONGRESS.—Not later than 1 year 

16 after the date of enactment of this Act, the Administrator 

17 shall submit to the appropriate committees of Congress a 

18 report on the results of the review under subsection (a) and 

19 related recommendations, if any, including recommenda20 tions for revisions to the assumptions and methods used for 

21 assessing evacuation certification of transport-category air22 craft. 

23 SEC. 2314. ANNUAL SAFETY INCIDENT REPORT. 

24 (a) IN GENERAL.—Not later than 1 year after the date 

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1 ministrator of the Federal Aviation Administration, shall 

2 submit to the appropriate committees of Congress a report 

3 regarding part 121 airline safety oversight. 

4 (b) CONTENTS.—The annual report shall include— 

5 (1) a description of the Federal Aviation Admin6 istration’s safety oversight process to ensure the safety 

7 of the traveling public; 

8 (2) a description of risk-based oversight methods 

9 applied to ensure aviation safety, including to spe10 cific issues addressed in the year preceding the report 

11 that in the determination of the Administrator ad12 dress safety risk; and 

13 (3) in the instance of specific reviews of air car14 rier performance to safety regulations, a description 

15 of cases where the timelines for recurrent reviews are 

16 advanced. 

17 SEC. 2315. AIRLINE SAFETY ENHANCEMENT. 

18 Section 217(d) of the Airline Safety and Federal Avia19 tion Administration Extension Act of 2010 (Public Law 

20 111–216; 49 U.S.C. 44701 note) is amended, in the second 

21 sentence, by striking ‘‘training courses’’ and all that follows 

22 and inserting ‘‘training courses, or other structured and 

23 disciplined training courses, will enhance safety more than 

24 requiring the pilot to fully comply with the flight hours re25 quirement.’’. 


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1 SEC. 2316. AIRCRAFT AIR QUALITY. 

2 (a) EDUCATIONAL MATERIALS.—Not later than 1 year 

3 after the date of enactment of this Act, the Administrator 

4 of the Federal Aviation Administration shall, in consulta5 tion with relevant stakeholders, establish and make avail6 able on a publicly available Internet website of the Admin7 istration, educational materials for flight attendants, pilots, 

8 aircraft maintenance technicians, and airport first re9 sponders and emergency response teams on how to respond 

10 to incidents on board aircraft involving smoke or fumes. 

11 (b) REPORTING OF INCIDENTS OF SMOKE OR FUMES

12 ON BOARD AIRCRAFT.—Not later than 180 days after the 

13 date of enactment of this Act, the Administrator shall, in 

14 consultation with relevant stakeholders, issue guidance for 

15 flight attendants, pilots, aircraft maintenance technicians, 

16 and airport first responders and emergency response teams 

17 to report incidents of smoke or fumes on board an aircraft 

18 operated by a commercial air carrier and with respect to 

19 the basis on which commercial air carriers shall report such 

20 incidents through the Service Difficulty Reporting System. 

21 (c) RESEARCH TO DEVELOP TECHNIQUES TO MON22 ITOR BLEED AIR QUALITY.—Not later than 180 days after 

23 the date of enactment of this Act, the Administrator shall 

24 commission a study by the Airliner Cabin Environment Re25 search Center of Excellence— 


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1 (1) to identify and measure the constituents and 

2 levels of constituents resulting from bleed air in the 

3 cabins of a representative set of commercial aircraft 

4 in operation of the United States; 

5 (2) to assess the potential health effects of such 

6 constituents on passengers and cabin and flight deck 

7 crew; 

8 (3) to identify technologies suitable to provide re9 liable and accurate warning of bleed air contamina10 tion, including technologies to effectively monitor the 

11 aircraft air supply system when the aircraft is in 

12 flight; and 

13 (4) to identify potential techniques to prevent 

14 fume events. 

15 (d) REPORT REQUIRED.—Not later than 1 year after 

16 the date of enactment of this Act, the Administrator shall 

17 submit to the appropriate committees of Congress a report 

18 on the feasibility, efficacy, and cost-effectiveness of certifi19 cation and installation of systems to evaluate bleed air 

20 quality. 

21 (e) PILOT PROGRAM.—The Federal Aviation Adminis22 tration may conduct a pilot program to evaluate the effec23 tiveness of technologies identified in subsection (c). 


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1 SEC. 2317. EMERGENCY MEDICAL EQUIPMENT ON PAS2 SENGER AIRCRAFT. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Administrator of the Federal 

5 Aviation Administration shall evaluate and revise, as ap6 propriate, the regulations under part 121 of title 14, Code 

7 of Federal Regulations, regarding the emergency medical 

8 equipment requirements, including the contents of first-aid 

9 kits, applicable to all certificate holders operating passenger 

10 aircraft under that part. 

11 (b) CONSIDERATIONS.—In carrying out subsection (a), 

12 the Administrator shall consider whether the minimum con13 tents of approved emergency medical kits, including ap14 proved first-aid kits, include appropriate medications and 

15 equipment to meet the emergency medical needs of children. 

16 Subtitle D—General Aviation Safety 

17 SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS 

18 POLICY. 

19 (a) IN GENERAL.—Not later than 18 months after the 

20 date of enactment of this Act, the Administrator of the Fed21 eral Aviation Administration shall— 

22 (1) update automated weather observing systems 

23 standards to maximize the use of new technologies 

24 that promote the reduction of equipment or mainte25 nance cost for non-Federal automated weather observ26 ing systems, including the use of remote monitoring 


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1 and maintenance, unless demonstrated to be ineffec2 tive; 

3 (2) review, and if necessary update, existing 

4 policies in accordance with the standards developed 

5 under paragraph (1); and 

6 (3) establish a process under which appropriate 

7 on site airport personnel or an aviation official may, 

8 with appropriate manufacturer training or alter9 native training as determined by the Administrator, 

10 be permitted to conduct the minimum tri-annual pre11 ventative maintenance checks under the advisory cir12 cular for non-Federal automated weather observing 

13 systems (AC 150/5220–16E) and any other similar, 

14 successor checks. 

15 (b) PERMISSION.—Permission to conduct the min16 imum tri-annual preventative maintenance checks de17 scribed under subsection (a)(3) and any similar, successor 

18 checks shall not be withheld but for specific cause. 

19 (c) STANDARDS.—In updating the standards under 

20 subsection (a)(1), the Administrator shall— 

21 (1) ensure the standards are performance-based; 

22 (2) use risk analysis to determine the accuracy 

23 of the automated weather observing systems outputs 

24 required for pilots to perform safe aircraft operations; 

25 and 


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1 (3) provide a cost benefit analysis to determine 

2 whether the benefits outweigh the cost for any require3 ment not directly related to safety. 

4 (d) AIP ELIGIBILITY OF AWOS EQUIPMENT.—Not5 withstanding any other law, the Administrator shall waive 

6 any positive benefit-cost ratio requirement for automated 

7 weather observing system equipment under subchapter I of 

8 chapter 471, United States Code, if— 

9 (1) the airport sponsor or State, as applicable, 

10 certifies that a grant for such automated weather ob11 serving systems equipment under that chapter will as12 sist an applicable airport to respond to regional 

13 emergency needs, including medical, firefighting, and 

14 search and rescue needs; and 

15 (2) the other requirements under that chapter are 

16 met. 

17 (e) REPORT.—Not later than September 30, 2018, the 

18 Administrator shall submit to the appropriate committees 

19 of Congress a report on the implementation of the require20 ments under this section. 


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1 SEC. 2402. REQUIREMENT TO CONSULT WITH STAKE2 HOLDERS IN DEFINING SCOPE AND REQUIRE3 MENTS FOR FUTURE FLIGHT SERVICE PRO4 GRAM. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Administrator of the Federal Aviation Ad7 ministration shall consult with general aviation stake8 holders in defining the scope and requirements for any new 

9 Future Flight Service Program of the Administration to be 

10 used in a competitive source selection for the next flight 

11 service contract with the Administration. 

12 SEC. 2403. AVIATION FUEL. 

13 (a) USE OF UNLEADED AVIATION GASOLINE.—The 

14 Administrator of the Federal Aviation Administration shall 

15 allow the use of an unleaded aviation gasoline in an air16 craft as a replacement for a leaded gasoline if the Adminis17 trator— 

18 (1) determines that the unleaded aviation gaso19 line qualifies as a replacement for an approved leaded 

20 gasoline; 

21 (2) identifies the aircraft and engines that are 

22 eligible to use the qualified replacement unleaded gas23 oline; and 

24 (3) adopts a process (other than the traditional 

25 means of certification) to allow eligible aircraft and 


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1 engines to operate using qualified replacement un2 leaded gasoline in a manner that ensures safety. 

3 (b) TIMING.—The Administrator shall adopt the proc4 ess described in subsection (a)(3) not later than 180 days 

5 after the later of— 

6 (1) the date on which the Administration com7 pletes the Piston Aviation Fuels Initiative; or 

8 (2) the date on which the American Society for 

9 Testing and Materials publishes a production speci10 fication for an unleaded aviation gasoline. 

11 SEC. 2404. APPLICABILITY OF MEDICAL CERTIFICATION 

12 STANDARDS TO OPERATORS OF AIR BAL13 LOONS. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Commercial Balloon Pilot Safety Act of 2017’’. 

16 (b) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Administrator of the Fed18 eral Aviation Administration shall revise section 61.3(c) of 

19 title 14, Code of Federal Regulations (relating to second20 class medical certificates), to apply to an operator of an 

21 air balloon to the same extent such regulations apply to 

22 a pilot flight crewmember of other aircraft. 

23 (c) AIR BALLOON DEFINED.—In this section, the term 

24 ‘‘air balloon’’ has the meaning given the term ‘‘balloon’’ in 


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1 section 1.1 of title 14, Code of Federal Regulations (or any 

2 corresponding similar regulation or ruling). 

3 SEC. 2405. TECHNICAL CORRECTIONS. 

4 Section 2110 of the FAA Extension Safety and Secu5 rity Act of 2016 (49 U.S.C. 44718 note) is amended to read 

6 as follows: 

7 ‘‘SEC. 2110. TOWER MARKING. 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this Act, the Administrator of the Fed10 eral Aviation Administration shall issue regulations to im11 plement the requirements of this section with respect to cov12 ered towers. 

13 ‘‘(b) MARKING REQUIRED.—Regulations under sub14 section (a) that require that a covered tower be clearly 

15 marked shall be consistent with applicable guidance under 

16 the Federal Aviation Administration Advisory Circular 

17 issued December 4, 2015 (AC 70/7460–1L), or other relevant 

18 safety guidance, as determined by the Administrator. 

19 ‘‘(c) APPLICATION.—The regulations issued under sub20 section (a) shall— 

21 ‘‘(1) ensure that consistent with this section all 

22 covered towers constructed on or after the date on 

23 which such regulations take effect are marked in ac24 cordance with subsection (b), or included in the dataVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 base in subsection (e), or, in the case of meteorological 

2 evaluation towers both; 

3 ‘‘(2) ensure that consistent with this section all 

4 covered towers constructed before the date on which 

5 such regulations take effect are marked in accordance 

6 with subsection (b), or included in the database in 

7 subsection (e), or, in the case of meteorological evalua8 tion towers both, not later than 1 year after such ef9 fective date; and 

10 ‘‘(3) take effect no earlier than the availability 

11 of the database developed by the Administrator pursu12 ant to subsection (e). 

13 ‘‘(d) DEFINITIONS.— 

14 ‘‘(1) IN GENERAL.—In this section: 

15 ‘‘(A) AGRICULTURAL PURPOSES.—The term 

16 ‘agricultural purposes’ means farming in all its 

17 branches and the cultivation and tillage of the 

18 soil, the production, cultivation, growing, and 

19 harvesting of any agricultural or horticultural 

20 commodities performed by a farmer or on a 

21 farm, or on pasture land or rangeland. 

22 ‘‘(B) COVERED TOWER.— 

23 ‘‘(i) IN GENERAL.—Except as specified 

24 in clause (ii), the term ‘covered tower’ 

25 means a structure that— 


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1 ‘‘(I) is a meteorological evaluation 

2 tower, a self-standing tower, or a tower 

3 supported by guy wires and ground 

4 anchors; 

5 ‘‘(II) is 10 feet or less in diameter 

6 at the above-ground base, excluding 

7 concrete footing; 

8 ‘‘(III) at the highest point of the 

9 structure is at least 50 feet above 

10 ground level; 

11 ‘‘(IV) at the highest point of the 

12 structure is not more than 200 feet 

13 above ground level; 

14 ‘‘(V) has accessory facilities on 

15 which an antenna, sensor, camera, me16 teorological instrument, or other equip17 ment is mounted; and 

18 ‘‘(VI) is located on land that is— 

19 ‘‘(aa) in a rural area; and 

20 ‘‘(bb) used for agricultural 

21 purposes or immediately adjacent 

22 to such land. 

23 ‘‘(ii) EXCLUSIONS.—The term ‘covered 

24 tower’ does not include any structure that— 


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1 ‘‘(I) is adjacent to a house, barn, 

2 electric utility station, or other build3 ing; 

4 ‘‘(II) is within the curtilage of a 

5 farmstead or adjacent to another build6 ing or visible structure; 

7 ‘‘(III) supports electric utility 

8 transmission or distribution lines; 

9 ‘‘(IV) is a wind-powered electrical 

10 generator with a rotor blade radius 

11 that exceeds 6 feet; 

12 ‘‘(V) is a street light erected or 

13 maintained by a Federal, State, local, 

14 or tribal entity; 

15 ‘‘(VI) is designed and constructed 

16 to resemble a tree or visible structure 

17 other than a tower; 

18 ‘‘(VII) is an advertising billboard; 

19 ‘‘(VIII) is located within the 

20 right-of-way of a rail carrier, includ21 ing within the boundaries of a rail 

22 yard, and is used for a railroad pur23 pose; 

24 ‘‘(IX)(aa) is registered with the 

25 Federal Communications Commission 


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1 under the Antenna Structure Registra2 tion program set forth under part 17 

3 of title 47, Code of Federal Regula4 tions; and 

5 ‘‘(bb) has been determined by the 

6 Administrator to pose no hazard to air 

7 navigation; or 

8 ‘‘(X) has already mitigated any 

9 hazard to aviation safety in accord10 ance with Federal Aviation Adminis11 tration guidance or as otherwise ap12 proved by the Administrator. 

13 ‘‘(C) The term ‘rural area’ has the meaning 

14 given the term in section 609(a)(5) of the Public 

15 Utility Regulatory Policies Act of 197 (87 U.S.C. 

16 918c(a)(5)). 

17 ‘‘(2) OTHER DEFINITIONS.—- The Administrator 

18 shall define such other terms not otherwise defined in 

19 paragraph (1) as may be necessary to carry out this 

20 section. 

21 ‘‘(e) DATABASE.—The Administrator shall— 

22 ‘‘(1) develop a database that contains the loca23 tion and height of each covered tower that is not 

24 marked in accordance with this section, except that— 


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1 ‘‘(A) meteorological evaluation towers shall 

2 be marked in accordance with subsection (b) and 

3 contained in the database; and 

4 ‘‘(B) towers excluded from the definition of 

5 covered tower under subsection (d)(1)(B)(2) must 

6 be registered by its owner in the database. 

7 ‘‘(2) keep the database current; 

8 ‘‘(3) ensure that a tower to be included in the 

9 database pursuant to subsection (c)(1) and con10 structed after the date on which regulations issued 

11 under subsection (a) take effect is registered by its 

12 owner in the database before its construction; 

13 ‘‘(4) ensure that— 

14 ‘‘(A) any proprietary information in the 

15 database is protected from disclosure in accord16 ance with law; 

17 ‘‘(B) information in the database is de18 identified and that such information only in19 cludes the location, and height, of such covered 

20 towers, and whether the tower has guy wires; 

21 and 

22 ‘‘(C) information in the dataset is 

23 encrypted at rest and in transit and is protected 

24 from unauthorized access and acquisition; 


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1 ‘‘(5) ensure that, by virtue of accessing the data2 base, users agree and acknowledge that information in 

3 the database— 

4 ‘‘(A) may only be used for aviation safety 

5 purposes; and 

6 ‘‘(B) may not be disclosed for purposes 

7 other than aviation safety, regardless of whether 

8 or not the information is identified or labeled as 

9 proprietary or with a similar designation; and 

10 ‘‘(6) ensure that pilots who intend to conduct 

11 low-altitude operations in locations described in sub12 section (d)(1)(B)(vi) consult the relevant parts of the 

13 database before conducting such operations. 

14 ‘‘(f) EXCLUSION AND WAIVER AUTHORITIES.—As part 

15 of a rulemaking conducted pursuant to this section, the Ad16 ministrator— 

17 ‘‘(1) may exclude a class, category, or type of 

18 tower that is determined by the Administrator, after 

19 public notice and comment, to not pose a hazard to 

20 aviation safety; 

21 ‘‘(2) shall establish a process to waive specific 

22 covered towers from the marking requirements under 

23 this section as required under the rulemaking if the 

24 Administrator later determines such tower or towers 

25 do not pose a hazard to aviation safety; and 


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1 ‘‘(3) shall consider, in establishing exclusions 

2 and granting waivers under this subsection, factors 

3 that may sufficiently mitigate risks to aviation safe4 ty, such as the length of time the tower has been in 

5 existence or alternative marking methods or tech6 nologies that maintains a tower’s level of conspicuous7 ness to a degree which adequately maintains the safe8 ty of the airspace. 

9 ‘‘(g) PERIODIC REVIEW.—The Administrator shall, in 

10 consultation with the Federal Communications Commis11 sion, periodically review any regulations or guidance re12 garding the marking of covered towers issued pursuant to 

13 this section and update them as necessary, consistent with 

14 this section, and in the interest of safety of low-altitude air15 craft operations. 

16 ‘‘(h) FCC REGULATIONS.—The Federal Communica17 tions Commission shall amend section 17.7 of title 47, Code 

18 of Federal Regulations, to require a notification to the Fed19 eral Aviation Administration for any construction or alter20 ation of an antenna structure, as defined in section 17.2(a) 

21 of title 47, Code of Federal Regulations, that is a covered 

22 tower as defined by this section.’’. 

23 SEC. 2406. ROTORCRAFT CRASH RESISTANT FUEL SYSTEMS. 

24 The Administrator of the Federal Aviation Adminis25 tration shall— 


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1 (1) expedite the certification and validation of 

2 United States and foreign type designs and retrofit 

3 kits that improve fuel system crash worthiness; and 

4 (2) not later than 180 days after the date of en5 actment of this Act, and periodically thereafter, issue 

6 a bulletin to— 

7 (A) inform rotorcraft owners and operators 

8 of available modifications to improve fuel system 

9 crashworthiness; and 

10 (B) urge that such modifications be in11 stalled as soon as practicable. 

12 Subtitle E—General Provisions 

13 SEC. 2501. FAA TECHNICAL TRAINING. 

14 (a) E-LEARNING TRAINING PILOT PROGRAM.—Not 

15 later than 90 days after the date of enactment of this Act, 

16 the Administrator of the Federal Aviation Administration, 

17 in collaboration with the exclusive bargaining representa18 tives of covered FAA personnel, shall establish an e-learning 

19 training pilot program in accordance with the requirements 

20 of this section. 

21 (b) CURRICULUM.—The pilot program shall— 

22 (1) include a recurrent training curriculum for 

23 covered FAA personnel to ensure that the covered FAA 

24 personnel receive instruction on the latest aviation 

25 technologies, processes, and procedures; 


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1 (2) focus on providing specialized technical 

2 training for covered FAA personnel, as determined 

3 necessary by the Administrator; 

4 (3) include training courses on applicable regu5 lations of the Federal Aviation Administration; and 

6 (4) consider the efficacy of instructor-led online 

7 training. 

8 (c) PILOT PROGRAM TERMINATION.—The pilot pro9 gram shall terminate 1 year after the date of establishment 

10 of the pilot program. 

11 (d) E-LEARNING TRAINING PROGRAM.—Upon termi12 nation of the pilot program, the Administrator shall assess 

13 and establish or update an e-learning training program 

14 that incorporates lessons learned for covered FAA personnel 

15 as a result of the pilot program. 

16 (e) DEFINITIONS.—In this section: 

17 (1) COVERED FAA PERSONNEL.—The term ‘‘cov18 ered FAA personnel’’ means airway transportation 

19 systems specialists and aviation safety inspectors of 

20 the Federal Aviation Administration. 

21 (2) E-LEARNING TRAINING.—The term ‘‘e-learn22 ing training’’ means learning utilizing electronic 

23 technologies to access educational curriculum outside 

24 of a traditional classroom. 


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1 SEC. 2502. SAFETY CRITICAL STAFFING. 

2 (a) AUDIT BY DOT INSPECTOR GENERAL.—Not later 

3 than 1 year after the date of enactment of this Act, the In4 spector General of the Department of Transportation shall 

5 conduct and complete an audit of the staffing model used 

6 by the Federal Aviation Administration to determine the 

7 number of aviation safety inspectors that are needed to ful8 fill the mission of the Federal Aviation Administration and 

9 adequately ensure aviation safety. 

10 (b) CONTENTS.—The audit shall include, at a min11 imum— 

12 (1) a review of the staffing model and an anal13 ysis of how consistently the staffing model is applied 

14 throughout the Federal Aviation Administration’s 

15 aviation safety lines of business; 

16 (2) a review of the assumptions and methods 

17 used in devising and implementing the staffing model 

18 to assess the adequacy of the staffing model to predict 

19 the number of aviation safety inspectors needed to 

20 properly fulfill the mission of the Federal Aviation 

21 Administration and meet the future growth of the 

22 aviation industry; and 

23 (3) a determination on whether the current staff24 ing model takes into account the Federal Aviation 

25 Administration’s authority to fully utilize designees. 


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1 (c) REPORT.—Not later than 30 days after the date 

2 of completion of the audit, the Inspector General shall sub3 mit to the appropriate committees of Congress a report on 

4 the results of the audit. 

5 SEC. 2503. APPROACH CONTROL RADAR. 

6 The Administrator of the Federal Aviation Adminis7 tration shall— 

8 (1) identify airports that are currently served by 

9 Federal Aviation Administration towers with 

10 nonradar approach and departure control (type 4 

11 tower); and 

12 (2) develop an implementation plan, including 

13 budgetary considerations, to provide an airport iden14 tified under paragraph (1), if appropriate, with ap15 proach control radar. 

16 SEC. 2504. AIRSPACE MANAGEMENT ADVISORY COMMITTEE. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Administrator of the 

19 Federal Aviation Administration shall establish an advi20 sory committee to carry out the duties described in sub21 section (b). 

22 (b) DUTIES.—The advisory committee shall— 

23 (1) conduct a review of the practices and proce24 dures of the Federal Aviation Administration for de25 veloping proposals with respect to changes in regulaVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 tions, policies, or guidance of the Federal Aviation 

2 Administration relating to airspace that affect air3 port operations, airport capacity, the environment, or 

4 communities in the vicinity of airports, including— 

5 (A) an assessment of the extent to which 

6 there is consultation, or a lack of consultation, 

7 with respect to such proposals— 

8 (i) between and among the affected ele9 ments of the Federal Aviation Administra10 tion, including the Air Traffic Organiza11 tion, the Office of Airports, the Flight 

12 Standards Service, the Office of NextGen, 

13 and the Office of Energy and Environment; 

14 and 

15 (ii) between the Federal Aviation Ad16 ministration and affected entities, including 

17 airports, aircraft operators, communities, 

18 and State and local governments; 

19 (2) recommend revisions to such practices and 

20 procedures to improve communications and coordina21 tion between and among affected elements of the Fed22 eral Aviation Administration and with other affected 

23 entities with respect to proposals described in para24 graph (1) and the potential effects of such proposals; 


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1 (3) conduct a review of the management by the 

2 Federal Aviation Administration of systems and in3 formation used to evaluate data relating to obstruc4 tions to air navigation or navigational facilities 

5 under part 77 of title 14, Code of Federal Regula6 tions; and 

7 (4) make recommendations to ensure that the 

8 data described in paragraph (3) is publicly accessible 

9 and streamlined to ensure developers, airport opera10 tors, and other interested parties may obtain relevant 

11 information concerning potential obstructions when 

12 working to preserve and create a safe and efficient 

13 navigable airspace. 

14 (c) MEMBERSHIP.—The membership of the advisory 

15 committee established under subsection (a) shall include 

16 representatives of— 

17 (1) air carriers, including passenger and cargo 

18 air carriers; 

19 (2) general aviation, including business aviation 

20 and fixed wing aircraft and rotorcraft; 

21 (3) airports of various sizes and types; 

22 (4) air traffic controllers; and 

23 (5) State aviation officials. 

24 (d) REPORT REQUIRED.—Not later than 1 year after 

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1 section (a), the advisory committee shall submit to the ap2 propriate committees of Congress a report on the actions 

3 taken by the advisory committee to carry out the duties de4 scribed in subsection (b). 

5 SEC. 2505. REPORT ON CONSPICUITY NEEDS FOR SURFACE 

6 VEHICLES OPERATING ON THE AIRSIDE OF 

7 AIR CARRIER SERVED AIRPORTS. 

8 (a) STUDY REQUIRED.—The Administrator of the Fed9 eral Aviation Administration shall perform a study of the 

10 need for the Federal Aviation Administration to prescribe 

11 conspicuity standards for surface vehicles operating on the 

12 airside of the categories of airports that air carriers serve 

13 as specified in subsection (b). 

14 (b) COVERED AIRPORTS.—The study required by sub15 section (a) shall cover, at a minimum, one large hub air16 port, one medium hub airport, and one small hub airport, 

17 as those terms are defined in section 40102 of title 49, 

18 United States Code. 

19 (c) REPORT TO CONGRESS.—Not later than July 1, 

20 2018, the Administrator shall submit to the appropriate 

21 committees of Congress a report setting forth the results of 

22 the study required by subsection (a), including such rec23 ommendations as the Administrator considers appropriate 

24 regarding the need for the Administration to prescribe con25 spicuity standards as described in subsection (a). 


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1 SEC. 2506. STUDY ON THE EFFECT OF EXTREME WEATHER 

2 ON AIR TRAVEL. 

3 (a) STUDY REQUIRE.—Not later than 1 year after the 

4 date of enactment of this Act, the Administrator of the Na5 tional Oceanic and Atmospheric Administration and the 

6 Administrator of the Federal Aviation Administration shall 

7 jointly complete a study on the effect of extreme weather 

8 on commercial air travel. 

9 (b) ELEMENTS.—The study required by subsection (a) 

10 shall include assessment of the following: 

11 (1) Whether extreme weather may result in an 

12 increase in turbulence. 

13 (2) The effect of extreme weather on current com14 mercial air routes. 

15 (3) The effect of extreme weather on domestic 

16 airports, air traffic control facilities, and associated 

17 facilities. 

18 SEC. 2507. SELF-PILOTED AIRCRAFT INTRODUCTION PLAN. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Federal Avia22 tion Administration. 

23 (2) AT PLAN.—The term ‘‘AT Plan’’ means the 

24 plan required by subsection (b). 

25 (3) STAKEHOLDER COMMITTEE.—The term 

26 ‘‘Stakeholder Committee’’ means the committee of apVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 propriate stakeholders convened by the Administrator 

2 under subsection (b). 

3 (b) REQUIREMENT FOR AT PLAN.—The Adminis4 trator, in coordination with a committee of appropriate 

5 stakeholders convened by the Administrator, shall prepare 

6 an air traffic policies and systems plan to enable the intro7 duction of self-piloted aircraft into the national airspace 

8 system. 

9 (c) STAKEHOLDER COMMITTEE.—The Stakeholder 

10 Committee shall include manufacturers of self-piloted air11 craft and other industry stakeholders that the Adminis12 trator considers appropriate. 

13 (d) CONTENT OF AT PLAN.—The AT Plan shall in14 clude actions necessary to ensure the Administrator is able 

15 to fully implement the AT Plan not later than two years 

16 after the date the AT Plan is submitted under subsection 

17 (e). 

18 (e) SUBMISSION OF AT PLAN.—Not later than 2 years 

19 after the date the Stakeholder Committee is convened, the 

20 Administrator shall submit to the appropriate committees 

21 of Congress the AT Plan. 

22 SEC. 2508. PORTABILITY OF REPAIRMAN CERTIFICATES. 

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

24 Aviation Administration shall assign to the Aviation Rule25 making Advisory Committee the task of making recVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 ommendations with respect to the regulatory and policy 

2 changes necessary to allow a repairman certificate issued 

3 under section 65.101 of title 14, Code of Federal Regula4 tions, to be portable from one employing certificate holder 

5 to another. 

6 (b) ACTION BASED ON RECOMMENDATIONS.—Not later 

7 than 1 year after receiving recommendations under sub8 section (a), the Administrator shall take such action as the 

9 Administrator considers appropriate with respect to those 

10 recommendations. 

11 SEC. 2509. REVISION OF CERTAIN REGULATIONS RELATING 

12 TO REPAIR STATION CERTIFICATES. 

13 The Administrator of the Federal Aviation Adminis14 tration shall— 

15 (1) not later than 60 days after the date of en16 actment of this Act, publish in the Federal Register 

17 a notice of proposed rulemaking revising part 145 of 

18 title 14, Code of Federal Regulations— 

19 (A) to restore the right of a repair station 

20 to unilaterally surrender its certificate; 

21 (B) to prevent an individual who materi22 ally contributes to the revocation of a repair sta23 tion certificate or causes the process of revoking 

24 such a certificate to begin from reentering the in25 dustry; and 


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1 (C) to clarify that a repair station that ter2 minates an individual who materially contrib3 utes to the revocation of the certificate of the re4 pair station or causes the process of revoking 

5 that certificate to begin may reapply for a cer6 tificate; and 

7 (2) not later than 90 days after publishing the 

8 notice of proposed rulemaking, publish in the Federal 

9 Register a final rule with respect to those revisions. 

10 SEC. 2510. CRITICAL AIRFIELD MARKINGS. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the Administrator of the Federal Aviation Ad13 ministration shall issue a request for proposal for a study 

14 that includes— 

15 (1) an independent, third-party study to assess 

16 the durability of Type III and Type I glass beads ap17 plied to critical markings over a 2-year period at no 

18 fewer than 2 primary airports in varying weather 

19 conditions to measure the retroflectivity levels of such 

20 markings on a quarterly basis; and 

21 (2) a study at 2 other airports carried out by 

22 applying Type III beads on one half of the centerline 

23 and Type I beads to the other half and providing for 

24 assessments from pilots through surveys administered 

25 by a third party as to the visibility and performance 


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1 of the Type III glass beads as compared to the Type 

2 I glass beads over a 1-year period. 

3 SEC. 2511. REPORT ON AIRCRAFT RESCUE AND FIRE4 FIGHTING TRAINING FACILITIES. 

5 Not later than 90 days after the date of enactment of 

6 this Act, the Administrator of the Federal Aviation Admin7 istration shall submit to the appropriate committees of Con8 gress— 

9 (1) a report on the number and suitability of 

10 aircraft rescue and firefighting training facilities in 

11 each region of the Federal Aviation Administration as 

12 of such date of enactment; and 

13 (2) a plan to address any coverage gaps identi14 fied in that report. 

15 Subtitle F—General Aviation Pilot 

16 Protections 

17 SEC. 2601. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Fairness for Pilots 

19 Act’’. 

20 SEC. 2602. EXPANSION OF PILOT’S BILL OF RIGHTS. 

21 (a) APPEALS OF SUSPENDED AND REVOKED AIRMAN

22 CERTIFICATES.—Section 2(d)(1) of the Pilot’s Bill of 

23 Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 

24 44703 note) is amended by striking ‘‘or imposing a punitive 

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1 sections (d) and (e) of section 44709 of such title’’ and in2 serting ‘‘suspending or revoking an airman certificate 

3 under section 44709(d) of such title, or imposing an emer4 gency order of revocation under subsections (d) and (e) of 

5 section 44709 of such title’’. 

6 (b) DE NOVO REVIEW BY DISTRICT COURT; BURDEN

7 OF PROOF.—Section 2(e) of the Pilot’s Bill of Rights (Pub8 lic Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) 

9 is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) IN GENERAL.—In an appeal filed under 

13 subsection (d) in a United States district court with 

14 respect to a denial, suspension, or revocation of an 

15 airman certificate by the Administrator the district 

16 court shall review the denial, suspension, or revoca17 tion de novo, including by— 

18 ‘‘(A) conducting a full independent review 

19 of the complete administrative record of the de20 nial, suspension, or revocation; 

21 ‘‘(B) permitting additional discovery and 

22 the taking of additional evidence; and 

23 ‘‘(C) making the findings of fact and con24 clusions of law required by Rule 52 of the Fed25 eral Rules of Civil Procedure without being 


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1 bound to any findings of fact of the Adminis2 trator or the National Transportation Safety 

3 Board.’’; 

4 (2) by redesignating paragraph (2) as para5 graph (3); and 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) BURDEN OF PROOF.—In an appeal filed 

9 under subsection (d) in a United States district court 

10 after an exhaustion of administrative remedies, the 

11 burden of proof shall be as follows: 

12 ‘‘(A) In an appeal of the denial of an appli13 cation for the issuance or renewal of an airman 

14 certificate under section 44703 of title 49, United 

15 States Code, the burden of proof shall be upon 

16 the applicant denied an airman certificate by 

17 the Administrator. 

18 ‘‘(B) In an appeal of an order issued by the 

19 Administrator under section 44709 of title 49, 

20 United States Code, the burden of proof shall be 

21 upon the Administrator.’’; and 

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

23 ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PROCE24 DURE ACT.—Notwithstanding paragraph (1)(A) of 

25 this subsection or subsection (a)(1) of section 554 of 


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1 title 5, United States Code, section 554 of such title 

2 shall apply to adjudications of the Administrator and 

3 the National Transportation Safety Board to the 

4 same extent as that section applied to such adjudica5 tions before the date of enactment of the Fairness for 

6 Pilots Act.’’. 

7 (c) NOTIFICATION OF INVESTIGATION.—Subsection (b) 

8 of section 2 of the Pilot’s Bill of Rights (Public Law 112– 

9 153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended— 

10 (1) in paragraph (2)(A), by inserting ‘‘and the 

11 specific activity on which the investigation is based’’ 

12 after ‘‘nature of the investigation’’; 

13 (2) in paragraph (3), by striking ‘‘timely’’; and 

14 (3) in paragraph (5), by striking ‘‘section 

15 44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 

16 (d) RELEASE OF INVESTIGATIVE REPORTS.—Section 

17 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 

18 Stat. 1159; 49 U.S.C. 44703 note) is further amended by 

19 adding at the end the following: 

20 ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) EMERGENCY ORDERS.—In any pro23 ceeding conducted under part 821 of title 49, 

24 Code of Federal Regulations, relating to the 

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1 tion of an airman certificate, in which the Ad2 ministrator issues an emergency order under 

3 subsections (d) and (e) of section 44709, section 

4 44710, or section 46105(c) of title 49, United 

5 States Code, or another order that takes effect 

6 immediately, the Administrator shall provide to 

7 the individual holding the airman certificate the 

8 releasable portion of the investigative report at 

9 the time the Administrator issues the order. If 

10 the complete Report of Investigation is not avail11 able at the time the Emergency Order is issued, 

12 the Administrator shall issue all portions of the 

13 report that are available at the time and shall 

14 provide the full report within 5 days of its com15 pletion. 

16 ‘‘(B) OTHER ORDERS.—In any non-emer17 gency proceeding conducted under part 821 of 

18 title 49, Code of Federal Regulations, relating to 

19 the amendment, modification, suspension, or rev20 ocation of an airman certificate, in which the 

21 Administrator notifies the certificate holder of a 

22 proposed certificate action under subsections (b) 

23 and (c) of section 44709 or section 44710 of title 

24 49, United States Code, the Administrator shall, 

25 upon the written request of the covered certificate 


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1 holder and at any time after that notification, 

2 provide to the covered certificate holder the re3 leasable portion of the investigative report. 

4 ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis5 trator does not provide the releasable portions of the 

6 investigative report to the individual holding the air7 man certificate subject to the proceeding referred to in 

8 paragraph (1) by the time required by that para9 graph, the individual may move to dismiss the com10 plaint of the Administrator or for other relief and, 

11 unless the Administrator establishes good cause for the 

12 failure to provide the investigative report or for a lack 

13 of timeliness, the administrative law judge shall order 

14 such relief as the judge considers appropriate. 

15 ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE

16 REPORT.—For purposes of paragraph (1), the releas17 able portion of an investigative report is all informa18 tion in the report, except for the following: 

19 ‘‘(A) Information that is privileged. 

20 ‘‘(B) Information that constitutes work 

21 product or reflects internal deliberative process. 

22 ‘‘(C) Information that would disclose the 

23 identity of a confidential source. 

24 ‘‘(D) Information the disclosure of which is 

25 prohibited by any other provision of law. 


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1 ‘‘(E) Information that is not relevant to the 

2 subject matter of the proceeding. 

3 ‘‘(F) Information the Administrator can 

4 demonstrate is withheld for good cause. 

5 ‘‘(G) Sensitive security information, as de6 fined in section 15.5 of title 49, Code of Federal 

7 Regulations (or any corresponding similar rul8 ing or regulation). 

9 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall be construed to prevent the Adminis11 trator from releasing to an individual subject to an 

12 investigation described in subsection (b)(1)— 

13 ‘‘(A) information in addition to the infor14 mation included in the releasable portion of the 

15 investigative report; or 

16 ‘‘(B) a copy of the investigative report be17 fore the Administrator issues a complaint.’’. 

18 SEC. 2603. LIMITATIONS ON REEXAMINATION OF CERTIFI19 CATE HOLDERS. 

20 (a) IN GENERAL.—Section 44709(a) is amended— 

21 (1) by striking ‘‘The Administrator’’ and insert22 ing the following: 

23 ‘‘(1) IN GENERAL.—The Administrator’’; 

24 (2) by striking ‘‘reexamine’’ and inserting ‘‘, ex25 cept as provided in paragraph (2), reexamine’’; and 


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

2 ‘‘(2) LIMITATION ON THE REEXAMINATION OF

3 AIRMAN CERTIFICATES.— 

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

5 may not reexamine an airman holding a stu6 dent, sport, recreational, or private pilot certifi7 cate issued under section 44703 of this title if the 

8 reexamination is ordered as a result of an event 

9 involving the fault of the Federal Aviation Ad10 ministration or its designee, unless the Adminis11 trator has reasonable grounds— 

12 ‘‘(i) to establish that the airman may 

13 not be qualified to exercise the privileges of 

14 a particular certificate or rating, based 

15 upon an act or omission committed by the 

16 airman while exercising those privileges, 

17 after the certificate or rating was issued by 

18 the Federal Aviation Administration or its 

19 designee; or 

20 ‘‘(ii) to demonstrate that the airman 

21 obtained the certificate or the rating 

22 through fraudulent means or through an ex23 amination that was substantially and de24 monstrably inadequate to establish the air25 man’s qualifications. 


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1 ‘‘(B) NOTIFICATION REQUIREMENTS.—Be2 fore taking any action to reexamine an airman 

3 under subparagraph (A), the Administrator shall 

4 provide to the airman— 

5 ‘‘(i) a reasonable basis, described in de6 tail, for requesting the reexamination; and 

7 ‘‘(ii) any information gathered by the 

8 Federal Aviation Administration, that the 

9 Administrator determines is appropriate to 

10 provide, such as the scope and nature of the 

11 requested reexamination, that formed the 

12 basis for that justification.’’. 

13 (b) AMENDMENT, MODIFICATION, SUSPENSION, OR

14 REVOCATION OF AIRMAN CERTIFICATES AFTER REEXAM15 INATION.—Section 44709(b) is amended— 

16 (1) in paragraph (1), by redesignating subpara17 graphs (A) and (B) as clauses (i) and (ii), respec18 tively, and indenting appropriately; 

19 (2) by redesignating paragraphs (1) and (2) as 

20 subparagraphs (A) and (B), respectively, and indent21 ing appropriately; 

22 (3) in the matter preceding subparagraph (A), as 

23 redesignated, by striking ‘‘The Administrator’’ and 

24 inserting the following: 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Administrator’’; and 

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

4 ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN5 SIONS, AND REVOCATIONS OF AIRMAN CERTIFICATES

6 AFTER REEXAMINATION.— 

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

8 may not issue an order to amend, modify, sus9 pend, or revoke an airman certificate held by a 

10 student, sport, recreational, or private pilot and 

11 issued under section 44703 of this title after a 

12 reexamination of the airman holding the certifi13 cate unless the Administrator determines that the 

14 airman— 

15 ‘‘(i) lacks the technical skills and com16 petency, or care, judgment, and responsi17 bility, necessary to hold and safely exercise 

18 the privileges of the certificate; or 

19 ‘‘(ii) materially contributed to the 

20 issuance of the certificate by fraudulent 

21 means. 

22 ‘‘(B) STANDARD OF REVIEW.—Any order of 

23 the Administrator under this paragraph shall be 

24 subject to the standard of review provided for 


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1 under section 2 of the Pilot’s Bill of Rights (49 

2 U.S.C. 44703 note).’’. 

3 (c) CONFORMING AMENDMENTS.—Section 44709(d)(1) 

4 is amended— 

5 (1) in subparagraph (A), by striking ‘‘subsection 

6 (b)(1)(A)’’ and inserting ‘‘subsection (b)(1)(A)(i)’’; 

7 and 

8 (2) in subparagraph (B), by striking ‘‘subsection 

9 (b)(1)(B)’’ and inserting ‘‘subsection (b)(1)(A)(ii)’’. 

10 SEC. 2604. EXPEDITING UPDATES TO NOTAM PROGRAM. 

11 (a) IN GENERAL.—Beginning on the date that is 180 

12 days after the date of enactment of this Act, the Adminis13 trator of the Federal Aviation Administration may not take 

14 any enforcement action against any individual for a viola15 tion of a NOTAM (as defined in section 3 of the Pilot’s 

16 Bill of Rights (49 U.S.C. 44701 note)) until the Adminis17 trator certifies to the appropriate committees of Congress 

18 that the Administrator has complied with the requirements 

19 of section 3 of the Pilot’s Bill of Rights, as amended by 

20 this section. 

21 (b) AMENDMENTS.—Section 3 of the Pilot’s Bill of 

22 Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 

23 44701 note) is amended— 

24 (1) in subsection (a)(2)— 


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1 (A) in the matter preceding subparagraph 

2 (A)— 

3 (i) by striking ‘‘this Act’’ and inserting 

4 ‘‘the Fairness for Pilots Act’’; and 

5 (ii) by striking ‘‘begin’’ and inserting 

6 ‘‘complete the implementation of’’; 

7 (B) by amending subparagraph (B) to read 

8 as follows: 

9 ‘‘(B) to continue developing and modern10 izing the NOTAM repository, in a public central 

11 location, to maintain and archive all NOTAMs, 

12 including the original content and form of the 

13 notices, the original date of publication, and any 

14 amendments to such notices with the date of each 

15 amendment, in a manner that is Internet-acces16 sible, machine-readable, and searchable;’’; 

17 (C) in subparagraph (C), by striking the 

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

19 (D) by adding at the end the following: 

20 ‘‘(D) to specify the times during which tem21 porary flight restrictions are in effect and the 

22 duration of a designation of special use airspace 

23 in a specific area.’’; and 

24 (2) by amending subsection (d) to read as fol25 lows: 


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1 ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE

2 FOR NOTAMS.— 

3 ‘‘(1) IN GENERAL.—The Administrator— 

4 ‘‘(A) shall consider the repository for 

5 NOTAMs under subsection (a)(2)(B) to be the 

6 sole location for airmen to check for NOTAMs; 

7 and 

8 ‘‘(B) may not consider a NOTAM to be an9 nounced or published until the NOTAM is in10 cluded in the repository for NOTAMs under sub11 section (a)(2)(B). 

12 ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO13 LATIONS OF NOTAMS NOT IN REPOSITORY.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), beginning on the date that 

16 the repository under subsection (a)(2)(B) is final 

17 and published, the Administrator may not take 

18 any enforcement action against an airman for a 

19 violation of a NOTAM during a flight if— 

20 ‘‘(i) that NOTAM is not available 

21 through the repository before the commence22 ment of the flight; and 

23 ‘‘(ii) that NOTAM is not reasonably 

24 accessible and identifiable to the airman. 


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1 ‘‘(B) EXCEPTION FOR NATIONAL SECU2 RITY.—Subparagraph (A) shall not apply in the 

3 case of an enforcement action for a violation of 

4 a NOTAM that directly relates to national secu5 rity.’’. 

6 SEC. 2605. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 

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

8 amended by inserting after section 47124 the following: 

9 ‘‘§ 47124a. Accessibility of certain flight data 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ADMINISTRATION.—The term ‘Administra12 tion’ means the Federal Aviation Administration. 

13 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis14 trator’ means the Administrator of the Federal Avia15 tion Administration. 

16 ‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘appli17 cable individual’ means an individual who is the sub18 ject of an investigation initiated by the Administrator 

19 related to a covered flight record. 

20 ‘‘(4) CONTRACT TOWER.—The term ‘contract 

21 tower’ means an air traffic control tower providing 

22 air traffic control services pursuant to a contract 

23 with the Administration under section 47124. 

24 ‘‘(5) COVERED FLIGHT RECORD.—The term ‘cov25 ered flight record’ means any air traffic data (as deVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 fined in section 2(b)(4)(B) of the Pilot’s Bill of Rights 

2 (49 U.S.C. 44703 note)), created, maintained, or con3 trolled by any program of the Administration, includ4 ing any program of the Administration carried out 

5 by employees or contractors of the Administration, 

6 such as contract towers, flight service stations, and 

7 controller training programs. 

8 ‘‘(b) PROVISION OF COVERED FLIGHT RECORD TO AD9 MINISTRATION.— 

10 ‘‘(1) REQUESTS.—Whenever the Administration 

11 receives a written request for a covered flight record 

12 from an applicable individual and the covered flight 

13 record is not in the possession of the Administration, 

14 the Administrator shall request the covered flight 

15 record from the contract tower or other contractor of 

16 the Administration in possession of the covered flight 

17 record. 

18 ‘‘(2) PROVISION OF RECORDS.—Any covered 

19 flight record created, maintained, or controlled by a 

20 contract tower or another contractor of the Adminis21 tration that maintains covered flight records shall be 

22 provided to the Administration if the Administration 

23 requests the record pursuant to paragraph (1). 

24 ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC25 TION.—If the Administrator has issued, or subseVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 quently issues, a Notice of Proposed Certificate Action 

2 relying on evidence contained in the covered flight 

3 record and the individual who is the subject of an in4 vestigation has requested the record, the Adminis5 trator shall promptly produce the record and extend 

6 the time the individual has to respond to the Notice 

7 of Proposed Certificate Action until the covered flight 

8 record is provided. 

9 ‘‘(c) IMPLEMENTATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of the Fairness for Pilots 

12 Act, the Administrator shall promulgate regulations 

13 or guidance to ensure compliance with this section. 

14 ‘‘(2) COMPLIANCE BY CONTRACTORS.— 

15 ‘‘(A) IN GENERAL.—Compliance with this 

16 section by a contract tower or other contractor of 

17 the Administration that maintains covered flight 

18 records shall be included as a material term in 

19 any contract between the Administration and the 

20 contract tower or contractor entered into or re21 newed on or after the date of enactment of the 

22 Fairness for Pilots Act. 

23 ‘‘(B) NONAPPLICABILITY.—Subparagraph 

24 (A) shall not apply to any contract or agreement 

25 in effect on the date of enactment of the Fairness 


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1 for Pilots Act unless the contract or agreement is 

2 renegotiated, renewed, or modified after that 

3 date.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 The table of contents for chapter 471 is amended by insert6 ing after the item relating to section 47124 the following: 

‘‘47124a. Accessibility of certain flight data.’’. 

7 SEC. 2606. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER8 TAIN NOTICES. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Administrator of the Federal Aviation Ad11 ministration shall revise section 13.11 of title 14, Code of 

12 Federal Regulations, to authorize legal counsel of the Fed13 eral Aviation Administration to close enforcement actions 

14 covered by that section with a warning notice, letter of cor15 rection, or other administrative action. 

16 TITLE III—AIR SERVICE 

17 IMPROVEMENTS 

18 SEC. 3001. DEFINITIONS. 

19 In this title: 

20 (1) COVERED AIR CARRIER.—The term ‘‘covered 

21 air carrier’’ means an air carrier or a foreign air 

22 carrier as those terms are defined in section 40102 of 

23 title 49, United States Code. 


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1 (2) ONLINE SERVICE.—The term ‘‘online service’’ 

2 means any service available over the Internet, or that 

3 connects to the Internet or a wide-area network. 

4 (3) TICKET AGENT.—The term ‘‘ticket agent’’ has 

5 the meaning given the term in section 40102 of title 

6 49, United States Code. 

7 Subtitle A—Passenger Air Service 

8 Improvements 

9 SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLA10 TIONS. 

11 (a) REVIEW.— 

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

13 the date of enactment of this Act, the Secretary of 

14 Transportation shall review the categorization of 

15 delays and cancellations with respect to air carriers 

16 that are required to report such data. 

17 (2) CONSIDERATIONS.—In conducting the review 

18 under paragraph (1), the Secretary shall consider, at 

19 a minimum— 

20 (A) whether delays and cancellations attrib21 uted by an air carrier to weather were unavoid22 able, including— 

23 (i) due to operational issues, air traffic 

24 control issues, or groundstop or delay man25 agement programs; 


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1 (ii) due to the air carrier’s discretion 

2 in determining which flights to delay or 

3 cancel during a weather event, including an 

4 attempt to impact the fewest passengers; or 

5 (iii) due to other factors; 

6 (B) whether and to what extent delays and 

7 cancellations attributed by an air carrier to 

8 weather disproportionately impact service to 

9 smaller airports and communities; and 

10 (C) whether it is an unfair or deceptive 

11 practice in violation of section 41712 of title 49, 

12 United States Code, for an air carrier to inform 

13 a passenger that a flight is delayed or cancelled 

14 due to weather, without any other context or ex15 planation for the delay or cancellation, when the 

16 air carrier has discretion as to which flights to 

17 delay or cancel. 

18 (3) CONSULTATION.—The Secretary may consult 

19 air carriers and the Advisory Committee for Aviation 

20 Consumer Protection, established under section 411 of 

21 the FAA Modernization and Reform Act of 2012 (49 

22 U.S.C. 42301 prec. note), to assist in conducting the 

23 review and providing recommendations. 

24 (b) REPORT.—Not later than 90 days after the date 

25 the review under subsection (a) is complete, the Secretary 


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1 shall submit to the appropriate committees of Congress a 

2 report on the review under subsection (a), including any 

3 recommendations. 

4 (c) SAVINGS PROVISION.—Nothing in this section shall 

5 be construed as affecting the decision of an air carrier to 

6 maximize its system capacity during weather-related events 

7 to accommodate the greatest number of passengers. 

8 SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES. 

9 (a) REVIEW.— 

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

11 the date of enactment of this Act, the Secretary of 

12 Transportation shall review whether it is an unfair 

13 or deceptive practice in violation of section 41712 of 

14 title 49, United States Code, for an air carrier to 

15 change the itinerary of a passenger, more than 24 

16 hours before departure, if the new itinerary involves 

17 additional stops or departs 3 hours earlier or later 

18 and compensation or other more suitable air trans19 portation is not offered. In conducting the review, the 

20 Secretary shall consider the refund policy and alter21 native travel options provided or offered by the air 

22 carrier in such situations. 

23 (2) CONSULTATION.—The Secretary may consult 

24 with air carriers and the Advisory Committee for 

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1 tion 411 of the FAA Modernization and Reform Act 

2 of 2012 (49 U.S.C. 42301 prec. note), to assist in con3 ducting the review and providing recommendations. 

4 (b) REPORT.—Not later than 90 days after the date 

5 the review under subsection (a) is complete, the Secretary 

6 shall submit to appropriate committees of Congress a report 

7 on the review under subsection (a), including any rec8 ommendations. 

9 SEC. 3103. ADDRESSING THE NEEDS OF FAMILIES OF PAS10 SENGERS INVOLVED IN AIRCRAFT ACCI11 DENTS. 

12 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB13 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

14 amended— 

15 (1) in subsection (a), by striking ‘‘a major’’ and 

16 inserting ‘‘any’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (9), by striking ‘‘(and 

19 any other victim of the accident)’’ and inserting 

20 ‘‘(and any other victim of the accident, including 

21 any victim on the ground)’’; 

22 (B) in paragraph (16), by striking ‘‘major’’ 

23 and inserting ‘‘any’’; and 

24 (C) in paragraph (17)(A), by striking ‘‘sig25 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 term 

9 in section 1136.’’. 

10 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN AIR

11 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 date 

8 of enactment of this Act, the Comptroller General of the 

9 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 Con13 gress a report on the study, including the Comptroller 

14 General’s findings, conclusions, and recommenda15 tions. 

16 (b) CONTENTS.—The study under subsection (a) shall 

17 include accessibility best practices beyond those rec18 ommended under the Architectural Barriers Act of 1968 (42 

19 U.S.C. 4151 et seq.), Rehabilitation Act of 1973 (29 U.S.C. 

20 701 et seq.), Air Carrier Access Act of 1986 (100 Stat. 1080; 

21 Public Law 99–435), or Americans with Disabilities Act 

22 of 1990 (42 U.S.C. 12101 et seq.), that improve infrastruc23 ture and communications, such as with regard to 

24 wayfinding, amenities, and passenger care. 


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1 SEC. 3105. EXTENSION OF ADVISORY COMMITTEE FOR AVIA2 TION 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 FAA 

8 Modernization and Reform Act of 2012 (Public Law 112– 

9 95; 49 U.S.C. 42301 prec. note) is further amended— 

10 (1) by redesignating subsection (h) as subsection 

11 (i); and 

12 (2) by inserting before subsection (i), the fol13 lowing: 

14 ‘‘(h) CONFLICT OF INTEREST DISCLOSURE.—Begin15 ning on the date of enactment of the Federal Aviation Ad16 ministration Reauthorization Act of 2017, each member of 

17 the advisory committee who is not a government employee 

18 shall disclose, on an annual basis, any potential conflicts 

19 of interest, including financial conflicts of interest, to the 

20 Secretary in such form and manner as prescribed by the 

21 Secretary.’’. 

22 (c) RECOMMENDATIONS.—Section 411(g) of the FAA 

23 Modernization and Reform Act of 2012 (Public Law 112– 

24 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 of 

5 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 of 

12 this Act, the Secretary of Transportation shall promulgate 

13 regulations that require each covered air carrier to prompt14 ly provide an automated refund to a passenger of any ancil15 lary fees paid for services related to air travel that the pas16 senger does not receive, including on the passenger’s sched17 uled flight, on a subsequent replacement itinerary if there 

18 has been a rescheduling, or for a flight not taken by the 

19 passenger. 

20 SEC. 3108. DISCLOSURE OF FEES TO CONSUMERS. 

21 (a) IN GENERAL.—Not later than 1 year after the date 

22 of enactment of this Act, the Secretary of Transportation 

23 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 air 

2 carrier in a standardized format; and 

3 (2) notwithstanding the manner in which infor4 mation regarding the fees described in paragraph (1) 

5 is collected, each ticket agent to disclose to a consumer 

6 such fees of a covered air carrier in the standardized 

7 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 subsection 

15 (a)(1) in clear and plain language and a font of 

16 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 the 

22 date of enactment of this Act, the Secretary of Transpor23 tation shall complete such actions as may be necessary to 

24 require each covered air carrier and ticket agent to disclose 

25 to a consumer that seat selection for which a fee is charged 


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1 is an optional service, and that if a consumer does not pay 

2 for a seat assignment, a seat will be assigned to the con3 sumer from available inventory. 

4 (b) REQUIREMENTS.—The disclosure under subsection 

5 (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 serv9 ice 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 in 

15 for the flight; and 

16 (4) be made at other ancillary seat assignment 

17 purchase opportunities prior to departure. 

18 SEC. 3110. ADVANCE BOARDING DURING PREGNANCY. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Secretary of Transportation shall review air 

21 carrier policies regarding traveling during pregnancy and, 

22 if appropriate, may revise regulations, as the Secretary 

23 considers necessary, to require an air carrier to offer ad24 vance boarding of an aircraft to a pregnant passenger who 

25 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 a 

10 carrier service, at the point of sale, that the consumer can 

11 file a complaint about that service with the carrier and with 

12 the Aviation Consumer Protection Division of the Depart13 ment of Transportation.’’; 

14 (3) by amending subsection (c), as redesignated, 

15 to read as follows: 

16 ‘‘(c) INTERNET WEB SITE OR OTHER ONLINE SERVICE

17 NOTICE.—Each air carrier, foreign air carrier, and ticket 

18 agent shall include on its Internet Web site, any related 

19 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 carrier, 

26 foreign air carrier, or ticket agent, as applicable, for 


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1 a consumer to submit a complaint to the carrier 

2 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 the 

7 Aviation Consumer Protection Division of the Depart8 ment of Transportation for a consumer to file a com9 plaint; and 

10 ‘‘(5) the active link described in paragraph (2) 

11 on the same Internet Web site page as the active link 

12 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 date 

2 of enactment of this Act, the Secretary of Transportation 

3 shall promulgate regulations to implement the requirements 

4 of section 42302 of title 49, United States Code, as amend5 ed. 

6 SEC. 3112. AVIATION CONSUMER ADVOCATE. 

7 (a) IN GENERAL.—The Secretary of Transportation 

8 shall review aviation consumer complaints received that al9 lege a violation of law and, as appropriate, pursue enforce10 ment or corrective actions that would be in the public inter11 est. 

12 (b) CONSIDERATIONS.—In considering which cases to 

13 pursue for enforcement or corrective action under subsection 

14 (a), the Secretary shall consider— 

15 (1) Air Carrier Access Act of 1986 (Public Law 

16 99–435; 100 Stat. 1080); 

17 (2) unfair and deceptive practices by air car18 riers, foreign air carriers, and ticket agents; 

19 (3) the terms and conditions agreed to between 

20 passengers and air carriers, foreign air carriers, or 

21 ticket agents; 

22 (4) aviation consumer protection and tarmac 

23 delay contingency planning requirements for both air24 ports and airlines; and 

25 (5) any other applicable law. 


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1 (c) AVIATION CONSUMER ADVOCATE.— 

2 (1) IN GENERAL.—Within the Aviation Con3 sumer Protection Division, there shall be an Aviation 

4 Consumer Advocate. 

5 (2) FUNCTIONS.—The Aviation Consumer Advo6 cate, shall— 

7 (A) assist consumers in resolving carrier 

8 service complaints filed with the Aviation Con9 sumer Protection Division; 

10 (B) evaluate the resolution by the Depart11 ment of Transportation of carrier service com12 plaints; 

13 (C) identify and recommend actions the De14 partment can take to improve the enforcement of 

15 aviation consumer protection rules and resolu16 tion of carrier service complaints; and 

17 (D) identify and recommend regulations 

18 and policies that can be amended to more effec19 tively resolve carrier service complaints. 

20 (d) ANNUAL REPORTS.—The Secretary, through the 

21 Aviation Consumer Advocate, shall submit to the appro22 priate committees of Congress an annual report summa23 rizing the following: 

24 (1) The total number of annual complaints re25 ceived by the Department, including the number of 


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1 complaints by the name of each air carrier and for2 eign air carrier. 

3 (2) The total number of annual complaints by 

4 category of complaint. 

5 (3) The number of complaints referred in the 

6 preceding year for enforcement or corrective action by 

7 the Department. 

8 (4) Any recommendations under paragraphs 

9 (2)(C) and (2)(D) of subsection (c). 

10 (5) Such other data as the Aviation Consumer 

11 Advocate considers appropriate. 

12 SEC. 3113. ONLINE ACCESS TO AVIATION CONSUMER PRO13 TECTION INFORMATION. 

14 (a) INTERNET WEB SITE.—Not later than 180 days 

15 after the date of enactment of this Act, the Secretary of 

16 Transportation shall— 

17 (1) complete an evaluation of the aviation con18 sumer protection portion of the Department of Trans19 portation’s public Internet Web site to identify any 

20 changes to the user interface that will improve 

21 usability, accessibility, consumer satisfaction, and 

22 Web site performance; 

23 (2) in completing the evaluation under para24 graph (1)— 


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1 (A) consider the best practices of other Fed2 eral agencies with effective Web sites; and 

3 (B) consult with the Federal Web Managers 

4 Council; 

5 (3) develop a plan, including an implementation 

6 timeline, for— 

7 (A) making the changes identified under 

8 paragraph (1); and 

9 (B) making any necessary changes to that 

10 portion of the Web site that will enable a con11 sumer, in a manner that protects the privacy of 

12 consumers and employees, to— 

13 (i) access information regarding each 

14 complaint filed with the Aviation Consumer 

15 Protection Division of the Department of 

16 Transportation; 

17 (ii) search the complaints described in 

18 clause (i) by the name of the air carrier, the 

19 dates of departure and arrival, the airports 

20 of origin and departure, and the type of 

21 complaint; and 

22 (iii) determine the date a complaint 

23 was filed and the date a complaint was re24 solved; and 


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1 (4) submit the evaluation and plan to appro2 priate committees of Congress. 

3 (b) MOBILE APPLICATION SOFTWARE.—Not later than 

4 1 year after the date of enactment of this Act, the Secretary 

5 of Transportation shall— 

6 (1) implement a program to develop application 

7 software for wireless devices that will enable a user to 

8 access information and perform activities related to 

9 aviation consumer protection, such as— 

10 (A) information regarding airline passenger 

11 protections, including protections related to lost 

12 baggage and baggage fees, disclosure of addi13 tional fees, bumping, cancelled or delayed flights, 

14 damaged or lost baggage, and tarmac delays; 

15 and 

16 (B) file an aviation consumer complaint, 

17 including a safety and security, airline service, 

18 disability and discrimination, or privacy com19 plaint, with the Aviation Consumer Protection 

20 Division of the Department of Transportation; 

21 and 

22 (2) make the application software available to 

23 the public at no cost. 


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1 SEC. 3114. STUDY ON IN CABIN WHEELCHAIR RESTRAINT 

2 SYSTEMS. 

3 Not later than 2 years after the date of enactment of 

4 this Act, the Architectural and Transportation Barriers 

5 Compliance Board, in consultation with the Secretary of 

6 Transportation, including the Aviation Consumer Protec7 tion Division of the Department of Transportation and the 

8 Office of Aviation Safety at the Federal Aviation Adminis9 tration, and relevant stakeholders, including aircraft manu10 facturers, wheelchair manufacturers, and disability advo11 cates, shall conduct a study to determine the ways in which 

12 particular individuals with significant disabilities who use 

13 wheelchairs, including power wheelchairs, can be safely ac14 commodated through in-cabin wheelchair restraint systems. 

15 SEC. 3115. ADVISORY COMMITTEE ON THE AIR TRAVEL 

16 NEEDS OF PASSENGERS WITH DISABILITIES. 

17 (a) ESTABLISHMENT.—The Secretary of Transpor18 tation shall establish an advisory committee for the air 

19 travel needs of passengers with disabilities (referred to in 

20 this section as the ‘‘Advisory Committee’’). 

21 (b) DUTIES.—The Advisory Committee shall advise the 

22 Secretary with regard to the implementation of the Air Car23 rier Access Act of 1986 (Public Law 99–435; 100 Stat. 

24 1080), including— 

25 (1) assessing the disability-related access barriers 

26 encountered by passengers with disabilities; 


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1 (2) determining the extent to which the programs 

2 and activities of the Department of Transportation 

3 are addressing the barriers described in paragraph 

4 (1); 

5 (3) recommending improvements to the air travel 

6 experience of passengers with disabilities; and 

7 (4) such activities as the Secretary considers nec8 essary to carry out this section. 

9 (c) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Advisory Committee shall 

11 be comprised of at least 1 representative of each of the 

12 following groups: 

13 (A) Passengers with disabilities. 

14 (B) National disability organizations. 

15 (C) Air carriers. 

16 (D) Airport operators. 

17 (E) Contractor service providers. 

18 (F) Aircraft manufacturers. 

19 (G) Wheelchair manufacturers. 

20 (H) National veterans organizations rep21 resenting disabled veterans. 

22 (2) APPOINTMENT.—The Secretary of Transpor23 tation shall appoint each member of the Advisory 

24 Committee. 


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1 (3) VACANCIES.—A vacancy in the Advisory 

2 Committee shall be filled in the manner in which the 

3 original appointment was made. 

4 (d) CHAIRPERSON.—The Secretary of Transportation 

5 shall designate, from among the members appointed under 

6 subsection (c), an individual to serve as chairperson of the 

7 Advisory Committee. 

8 (e) TRAVEL EXPENSES.—Members of the Advisory 

9 Committee shall serve without pay, but shall receive travel 

10 expenses, including per diem in lieu of subsistence, in ac11 cordance with subchapter I of chapter 57 of title 5, United 

12 States Code. 

13 (f) REPORTS.— 

14 (1) IN GENERAL.—Not later than February 1 of 

15 each year, the Advisory Committee shall submit to the 

16 Secretary of Transportation a report on the needs of 

17 passengers with disabilities in air travel, including— 

18 (A) an assessment of disability-related ac19 cess barriers, both those that were evident in the 

20 preceding calendar year and those that will like21 ly be an issue in the subsequent 5 calendar 

22 years; 

23 (B) an evaluation of the extent to which the 

24 Department of Transportation’s programs and 


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1 activities are eliminating disability-related ac2 cess barriers; 

3 (C) a description of the Advisory Commit4 tee’s actions during the preceding calendar year; 

5 (D) a description of activities that the Advi6 sory Committee has planned for the subsequent 

7 calender year; and 

8 (E) any recommendations for legislation, 

9 administrative action, or other action that the 

10 Advisory Committee considers appropriate. 

11 (2) REPORT TO CONGRESS.—Not later than 60 

12 days after the date the Secretary receives the report 

13 under paragraph (1), the Secretary shall submit to 

14 the appropriate committees of Congress a copy of the 

15 report, including any additional findings or rec16 ommendations that the Secretary considers appro17 priate. 

18 (g) TERMINATION.—Notwithstanding section 14 of the 

19 Federal Advisory Committee Act (5 U.S.C. App. 14), the 

20 Advisory Committee shall terminate on September 30, 2021. 

21 SEC. 3116. IMPROVING WHEELCHAIR ASSISTANCE FOR INDI22 VIDUALS WITH DISABILITIES. 

23 In developing the best practices regarding the assist24 ance of individuals with disabilities required under section 

25 2107(b) of the FAA Extension, Safety, and Security Act 


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1 of 2016 (Public Law 114–190; 130 Stat. 622), the Secretary 

2 of Transportation shall include specific recommendations 

3 regarding the failure of air carriers to provide wheelchair 

4 assistance and how training programs by air carriers can 

5 address that failure. 

6 SEC. 3117. REGULATIONS ENSURING ASSISTANCE FOR INDI7 VIDUALS WITH DISABILITIES IN AIR TRANS8 PORTATION. 

9 (a) IN GENERAL.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of enactment of this Act, the Secretary shall 

12 review applicable regulations and revise, as appro13 priate, regulations to ensure that individuals with 

14 disabilities who request assistance at any time while 

15 traveling in air transportation receive timely and ef16 fective assistance at airports and on aircraft from 

17 trained personnel. Such assistance may be in board18 ing or deplaning an aircraft, connecting between 

19 flights, or other similar or related request, as appro20 priate. 

21 (2) TRAINING.—The Secretary shall require air 

22 carriers to ensure that personnel, including contrac23 tors, who may be providing physical assistance to a 

24 passenger with a disability receive hands-on training 


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1 on an annual basis in performing that assistance, in2 cluding the use of all equipment. 

3 (b) REVIEW AND AMENDMENT.—The Secretary shall 

4 consult with the Access Board and periodically review and, 

5 as appropriate, amend regulations and standards pre6 scribed under this section. 

7 (c) DEFINITIONS.—In this section: 

8 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 

9 means the Architectural and Transportation Barriers 

10 Compliance Board. 

11 (2) AIR CARRIER.—The term ‘‘air carrier’’ 

12 means an air carrier or foreign air carrier (as those 

13 terms are defined in section 40102 of title 49, United 

14 States Code). 

15 (3) DISABILITY.—The term ‘‘disability’’ has the 

16 meaning given that term in section 3 of the Ameri17 cans with Disabilities Act of 1990 (42 U.S.C. 12102), 

18 including the meaning under that section as amended 

19 by the ADA Amendments of 2008 (Public Law 110– 

20 325; 122 Stat. 3553). 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Transportation. 


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1 SEC. 3118. CIVIL PENALTIES RELATING TO HARM TO PAS2 SENGERS WITH DISABILITIES. 

3 Section 46301(a) is amended by adding at the end the 

4 following: 

5 ‘‘(7) PENALTIES RELATING TO HARM TO PASSENGERS

6 WITH DISABILITIES.— 

7 ‘‘(A) PENALTY FOR BODILY HARM OR DAMAGE

8 TO WHEELCHAIR OR OTHER MOBILITY AID.—The 

9 amount of a civil penalty assessed under this section 

10 for a violation of section 41705 that involves damage 

11 to a passenger’s wheelchair or other mobility aid or 

12 injury to a passenger with a disability may be in13 creased above the otherwise applicable maximum 

14 amount under this section for a violation of section 

15 41705 to an amount not to exceed 3 times the max16 imum penalty otherwise allowed. 

17 ‘‘(B) EACH ACT CONSTITUTES SEPARATE OF18 FENSE.—Notwithstanding paragraph (2), a separate 

19 violation of section 41705 occurs for each act of dis20 crimination prohibited by that section.’’. 

21 SEC. 3119. AIRLINE PASSENGERS WITH DISABILITIES BILL 

22 OF RIGHTS. 

23 (a) AIRLINE PASSENGERS WITH DISABILITIES BILL

24 OF RIGHTS.—The Secretary of Transportation shall develop 

25 a document, to be known as the ‘‘Airline Passengers with 

26 Disabilities Bill of Rights’’, using plain language to deVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 scribe the basic protections and responsibilities of covered 

2 air carriers, their employees and contractors, and people 

3 with disabilities under the section 41705 of title 49, United 

4 States Code. 

5 (b) CONTENT.—In developing the Airline Passengers 

6 with Disabilities Bill of Rights under subsection (a), the 

7 Secretary shall include, at a minimum, plain language de8 scriptions of protections and responsibilities provided in 

9 law related to the following: 

10 (1) The right of passengers with disabilities to be 

11 treated with dignity and respect. 

12 (2) The right of passengers with disabilities to 

13 receive timely assistance, if requested, from properly 

14 trained covered air carrier and contractor personnel. 

15 (3) The right of passengers with disabilities to 

16 travel with wheelchairs, mobility aids, and other as17 sistive devices, including necessary medications and 

18 medical supplies, including stowage of such wheel19 chairs, aids, and devices. 

20 (4) The right of passengers with disabilities to 

21 receive seating accommodations, if requested, to ac22 commodate a disability. 

23 (5) The right of passengers with disabilities to 

24 receive announcements in an accessible format. 


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1 (6) The right of passengers with disabilities to 

2 speak with a complaint resolution officer or to file a 

3 complaint with an covered air carrier or the Depart4 ment of Transportation. 

5 (c) RULE OF CONSTRUCTION.—The development of the 

6 Airline Passengers with Disabilities Bill of Rights under 

7 subsections (a) and (b) shall not be construed as expanding 

8 or restricting the rights available to passengers with disabil9 ities on the day before the date of the enactment of this Act 

10 pursuant to any statute or regulation. 

11 (d) CONSULTATIONS.—In developing the Airline Pas12 sengers with Disabilities Bill of Rights under subsection (a), 

13 the Secretary of Transportation shall consult with stake14 holders, including disability organizations and covered air 

15 carriers and their contractors. 

16 (e) DISPLAY.—Each covered air carrier shall include 

17 the Airline Passengers with Disabilities Bill of Rights— 

18 (1) on a publicly available Internet website of 

19 the covered air carrier; and 

20 (2) in any pre-flight notifications or commu21 nications provided to passengers who alert the covered 

22 air carrier in advance of the need for accommoda23 tions relating to a disability. 

24 (f) TRAINING.—Covered air carriers and contractors of 

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1 portation plans that ensure employees of covered air car2 riers and their contractors receive training on the protec3 tions and responsibilities described in the Airline Pas4 sengers with Disabilities Bill of Rights. The Secretary shall 

5 review such plans to ensure the plans address the matters 

6 described in subsection (b). 

7 SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PRO8 TECTION RULES. 

9 (a) IN GENERAL.—The Comptroller General of the 

10 United States shall conduct a study to consider and evalu11 ate Department of Transportation enforcement of aviation 

12 consumer protection rules. 

13 (b) CONTENTS.—The study under subsection (a) shall 

14 include an evaluation of— 

15 (1) available enforcement mechanisms; 

16 (2) any obstacles to enforcement; and 

17 (3) trends in Department of Transportation en18 forcement actions. 

19 (c) REPORT.—Not later than 1 year after the date of 

20 enactment of this Act, the Comptroller General shall submit 

21 to the appropriate committees of Congress a report on the 

22 study, including the Comptroller General’s findings, conclu23 sions, and recommendations. 


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1 SEC. 3121. DIMENSIONS FOR PASSENGER SEATS. 

2 (a) IN GENERAL.—Not later than 18 months after the 

3 date of enactment of this Act, the Administrator of the Fed4 eral Aviation Administration shall initiate a proceeding to 

5 study the minimum seat pitch for passenger seats on air6 craft operated by air carriers (as defined in section 40102 

7 of title 49, United States Code). 

8 (b) CONSIDERATIONS.—In reviewing any minimum 

9 seat pitch under subsection (a), the Administrator shall con10 sider the safety of passengers, including passengers with 

11 disabilities. 

12 SEC. 3122. 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 shall issue regulations— 

18 ‘‘(1) to prohibit an individual on an aircraft 

19 from engaging in voice communications using a mo20 bile communications device during a flight of that 

21 aircraft in scheduled passenger interstate or intra22 state air transportation; and 

23 ‘‘(2) that exempt from the prohibition described 

24 in paragraph (1)— 

25 ‘‘(A) any member of the flight crew on duty 

26 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 re7 spect to an aircraft, the period beginning when the 

8 aircraft takes off and ending when the aircraft lands. 

9 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

10 ‘‘(A) IN GENERAL.—The term ‘mobile com11 munications device’ means any portable wireless 

12 telecommunications equipment utilized for the 

13 transmission or reception of voice data. 

14 ‘‘(B) LIMITATION.—The term ‘mobile com15 munications device’ does not include a phone in16 stalled on an aircraft.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents at the 

18 beginning of chapter 417 is amended by inserting after the 

19 item relating to section 41724 the following: 

‘‘41725. Cell phone voice communications.’’. 

20 SEC. 3123. TICKETS ACT. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Transparency Improvements and Compensation to Keep 

23 Every Ticketholder Safe Act of 2017’’ or the ‘‘TICKETS 

24 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 the 

6 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 is 

10 obscene, disruptive, or otherwise unlawful . 

11 (c) RULE OF CONSTRUCTION.—Nothing in this section 

12 may be construed to limit or otherwise affect the responsi13 bility or authority of a pilot in command of an aircraft 

14 under section 121.533 of title 14, Code of Federal Regula15 tions, or any penalty under section 46504 of title 49, United 

16 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 Fed22 eral Regulations, to eliminate the dollar amount limitations 

23 under paragraphs (2) and (3) of subsections (a) and (b) 

24 of section 250.5 of that part on the amount of compensation 


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1 that may be provided to a passenger who is denied boarding 

2 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 review 

8 under paragraph (1), the Comptroller Generals shall 

9 examine— 

10 (A) impact on passengers, including the 

11 prevalence of a negative impact on passengers, as 

12 a result of an oversale; 

13 (B) economic and operational factors which 

14 results in oversales; 

15 (C) whether, and if so how, the incidence of 

16 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 General 

21 shall submit to the appropriate committees of Con22 gress a report on the review under paragraph (2). 

23 (f) NOTICE OF POLICIES OF AIR CARRIERS.—Not later 

24 than 1 year after the date of the enactment of this Act, the 

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1 quiring an air carrier, or other entity selling tickets for 

2 flights in passenger air transportation, to specify, on a pas3 senger’s flight itinerary, receipt, or other direct customer 

4 communication, the policies of the air carrier operating the 

5 flight regarding oversold flights. The Secretary shall also 

6 provide guidance on the extent to which such policies should 

7 be noticed publicly at airport gates. 

8 (g) DEFINITION OF AIR CARRIER.—In this section, the 

9 term ‘‘air carrier’’ means an air carrier or foreign air car10 rier, as those terms are defined in section 40102 of title 

11 49, United States Code. 

12 SEC. 3124. TRANSPARENCY FOR DISABLED PASSENGERS. 

13 The compliance date of the final rule, dated November 

14 2, 2016, on the reporting of data for mishandled baggage 

15 and wheelchairs in aircraft cargo compartments (81 Fed. 

16 Reg. 76300) shall be effective January 1, 2018. 

17 SEC. 3125. REPORT ON AVAILABILITY OF LAVATORIES ON 

18 COMMERCIAL AIRCRAFT. 

19 Not later than 180 days after the date of enactment 

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

21 shall submit to the appropriate committees of Congress a 

22 report assessing— 

23 (1) the availability of functional lavatories on 

24 commercial aircraft, including single-engine aircraft; 


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1 (2) the extent to which flights take off without 

2 functional lavatories; 

3 (3) the ability of individuals with disabilities to 

4 access lavatories on commercial aircraft; 

5 (4) the extent of complaints to the Department of 

6 Transportation and air carriers related to lavatories 

7 and efforts they have taken to address complaints; 

8 (5) the extent to which air carriers are shrinking 

9 lavatories to add more seats; and 

10 (6) the extent to which lavatory design creates 

11 safety issues. 

12 SEC. 3126. TRAINING POLICIES REGARDING RACIAL, ETH13 NIC, AND RELIGIOUS NONDISCRIMINATION. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Comptroller General of 

16 the United States shall submit to the appropriate commit17 tees of Congress a report describing— 

18 (1) each air carrier’s training policy for its em19 ployees and contractors regarding racial, ethnic, and 

20 religious nondiscrimination; and 

21 (2) how frequently an air carrier is required to 

22 train new employees and contractors because of turn23 over in positions that require such training. 

24 (b) BEST PRACTICES.—After the date the report is sub25 mitted under subsection (a), the Secretary of TransporVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 tation shall develop and disseminate to air carriers best 

2 practices necessary to improve the training policies de3 scribed in subsection (a), based on the findings of the report 

4 and in consultation with— 

5 (1) passengers of diverse racial, ethnic, and reli6 gious backgrounds; 

7 (2) national organizations that represent im8 pacted communities; 

9 (3) air carriers; 

10 (4) airport operators; and 

11 (5) contractor service providers. 

12 SEC. 3127. CONSUMER PROTECTION REQUIREMENTS RE13 LATING TO LARGE TICKET AGENTS. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall issue a final rule to require large ticket agents 

17 to adopt minimum customer service standards. 

18 (b) PURPOSE.—The purpose of the final rule shall be 

19 to ensure that, to the maximum extent practicable, there 

20 is a consistent level of consumer protection regardless of 

21 where consumers purchase air fares and related air trans22 portation services. 

23 (c) STANDARDS.—In issuing the final rule, the Sec24 retary shall consider, at a minimum, establishing standards 

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1 ments applicable to air carriers under this title and associ2 ated regulations. 

3 (d) DEFINITIONS.—In this section: 

4 (1) TICKET AGENT.— 

5 (A) IN GENERAL.—Subject to subparagraph 

6 (B), the term ‘‘ticket agent’’ has the meaning 

7 given that term in section 40102(a) of title 49, 

8 United States Code. 

9 (B) INCLUSION.—The term ‘‘ticket agent’’ 

10 includes a person who acts as an intermediary 

11 involved in the sale of air transportation directly 

12 or indirectly to consumers, including by oper13 ating an electronic airline information system, if 

14 the person— 

15 (i) holds the person out as a source of 

16 information about, or reservations for, the 

17 air transportation industry; and 

18 (ii) receives compensation in any way 

19 related to the sale of air transportation. 

20 (2) LARGE TICKET AGENT.—The term ‘‘large 

21 ticket agent’’ means a ticket agent with annual reve22 nues of $100,000,000 or more. 

23 SEC. 3128. SENSE OF CONGRESS REGARDING EQUAL AC24 CESS FOR INDIVIDUALS WITH DISABILITIES. 

25 It is the sense of Congress that— 


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1 (1) the aviation industry and every relevant 

2 stakeholder must work to ensure that every individual 

3 who experiences a disability has equal access to air 

4 travel; 

5 (2) as technology and ease of travel continue to 

6 advance, accessibility must be a priority; and 

7 (3) accommodations must— 

8 (A) extend to every airport and service or 

9 facility of an air carrier; and 

10 (B) be inclusive of every disability. 

11 SEC. 3129. REGULATIONS PROHIBITING THE IMPOSITION 

12 OF FEES THAT ARE NOT REASONABLE AND 

13 PROPORTIONAL TO THE COSTS INCURRED. 

14 (a) IN GENERAL.—Not later than 270 days after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall prescribe regulations— 

17 (1) prohibiting an air carrier from imposing fees 

18 described in subsection (b)(1) that are unreasonable 

19 or disproportional to the costs incurred by the air 

20 carrier; and 

21 (2) establishing standards for assessing whether 

22 fees described in subsection (b) are reasonable and 

23 proportional to the costs incurred by the air carrier. 

24 (b) FEES DESCRIBED.—The fees described in this sub25 section are— 


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1 (1) any fee for a change or cancellation of a res2 ervation for a flight in interstate air transportation; 

3 (2) any fee relating to checked baggage to be 

4 transported on a flight in interstate air transpor5 tation; 

6 (3) any fee relating to seat selection or reserva7 tion on a flight; 

8 (4) any fee relating to changing between flights 

9 departing on the same day or flying standby on a 

10 flight; and 

11 (5) any other fee imposed by an air carrier re12 lating to a flight in interstate air transportation. 

13 (c) CONSIDERATIONS.—In establishing the standards 

14 required by subsection (a)(2), the Secretary shall consider— 

15 (1) with respect to a fee described in subsection 

16 (b)(1) imposed by an air carrier for a change or can17 cellation of a flight reservation— 

18 (A) any net benefit or cost to the air carrier 

19 from the change or cancellation, taking into con20 sideration— 

21 (i) the ability of the air carrier to an22 ticipate the expected average number of can23 cellations and changes and make reserva24 tions accordingly; 


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1 (ii) the ability of the air carrier to fill 

2 a seat made available by a change or can3 cellation; 

4 (iii) any difference in the fare likely to 

5 be paid for a ticket sold to another pas6 senger for a seat made available by the 

7 change or cancellation, as compared to the 

8 fare paid by the passenger who changed or 

9 canceled the passenger’s reservation; and 

10 (iv) the likelihood that the passenger 

11 changing or canceling the passenger’s res12 ervation will fill a seat on another flight by 

13 the same air carrier; 

14 (B) the costs of processing the change or 

15 cancellation electronically; and 

16 (C) any related labor costs; 

17 (2) with respect to a fee described in subsection 

18 (b)(2) imposed by an air carrier relating to checked 

19 baggage— 

20 (A) the costs of processing checked baggage 

21 electronically; and 

22 (B) any related labor costs; and 

23 (3) any other considerations the Secretary con24 siders appropriate. 


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1 (d) UPDATED REGULATIONS.—The Secretary shall up2 date the standards required by subsection (a)(2) not less fre3 quently than every 3 years. 

4 (e) DEFINITIONS.—In this section: 

5 (1) AIR CARRIER.—The term ‘‘air carrier’’ 

6 means any air carrier that holds an air carrier cer7 tificate under section 41101 of title 49, United States 

8 Code. 

9 (2) INTERSTATE AIR TRANSPORTATION.—The 

10 term ‘‘interstate air transportation’’ has the meaning 

11 given that term in section 40102 of title 49, United 

12 States Code. 

13 (f) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

14 (1) IN GENERAL.—The Comptroller General of 

15 the United States shall conduct a study to determine 

16 what the effect on the availability of air transpor17 tation to consumers would be— 

18 (A) if the Department of Transportation 

19 acts on the authority under subsection (a); and 

20 (B) if the Department of Transportation 

21 was granted the authority under subsection 

22 (a)(1) for the fees described in paragraphs (2) 

23 through (5) of subsection (b). 

24 (2) CONSIDERATIONS.—In conducting the study 

25 required by paragraph (1), the Comptroller General 


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1 shall consider, at a minimum, the effect of the regula2 tions described in paragraph (1) on— 

3 (A) the cost of ticket prices and other fees 

4 charged by air carriers; 

5 (B) the services provided to air travelers 

6 while traveling on air carriers, including low 

7 cost air carriers and ultra-low cost air carriers; 

8 and 

9 (C) the availability, frequency, and schedule 

10 of flights provided by air carriers, including to 

11 rural communities. 

12 (3) REPORT.—Not later than one year after the 

13 date of the enactment of this Act, the Comptroller 

14 General shall submit to the appropriate committees of 

15 Congress a report on the study required by paragraph 

16 (1), including the findings, conclusions, and rec17 ommendations of the Comptroller General. 

18 Subtitle B—Essential Air Service 

19 SEC. 3201. ESSENTIAL AIR SERVICE. 

20 (a) AUTHORIZATION EXTENSION.—Section 41742(a) 

21 is amended— 

22 (1) in paragraph (2), by striking 

23 ‘‘$150,000,000’’ and all that follows though ‘‘2017’’ 

24 and inserting ‘‘$175,000,000 for each of fiscal years 

25 2018 through 2021’’; and 


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1 (2) by striking paragraph (3). 

2 (b) DEFINITIONS.—Section 41731(a)(1)(A) is amended 

3 by striking clause (ii) and inserting the following: 

4 ‘‘(ii) was determined, on or after Octo5 ber 1, 1988, and before December 1, 2012, 

6 under this subchapter by the Secretary of 

7 Transportation to be eligible to receive sub8 sidized small community air service under 

9 section 41736(a);’’. 

10 (c) SEASONAL SERVICE.—The Secretary of Transpor11 tation may consider the flexibility of current operational 

12 dates and airport accessibility to meet local community 

13 needs when issuing requests for proposal of essential air 

14 service at seasonal airports. 

15 SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOPMENT 

16 PROGRAM. 

17 (a) EXTENSION OF AUTHORIZATION.—Section 

18 41743(e)(2) is amended by striking ‘‘$6,000,000 for each 

19 of fiscal years 2012 through 2017’’ and inserting 

20 ‘‘$10,000,000 for each of fiscal years 2018 through 2021’’. 

21 (b) ELIGIBILITY.—Section 41743(c)(1) is amended to 

22 read as follows: 

23 ‘‘(1) SIZE.—On the date of the most recent no24 tice of order soliciting community proposals issued by 


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1 the Secretary under this section, the airport serving 

2 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 

10 fares.’’. 

11 SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS. 

12 (a) IN GENERAL.—Section 41743(c)(4) is amended— 

13 (1) by inserting ‘‘(B) SAME PROJECTS.—’’ before 

14 the second sentence and indenting appropriately; 

15 (2) by inserting ‘‘(A) IN GENERAL.—’’ before the 

16 first sentence and indenting appropriately; 

17 (3) in subparagraph (B), as designated by this 

18 subsection, by striking ‘‘No community’’ and insert19 ing ‘‘Except as provided in subparagraph (C)’’; and 

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

21 ‘‘(C) EXCEPTION.—The Secretary may 

22 waive the limitation under subparagraph (B) re23 lated to projects that are the same if the Sec24 retary determines that the community or consor25 tium spent little or no money on its previous 


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1 project or encountered industry or environmental 

2 challenges, due to circumstances that were rea3 sonably beyond the control of the community or 

4 consortium.’’. 

5 (b) AUTHORITY TO MAKE AGREEMENTS.—Section 

6 41743(e)(1) is amended by adding at the end the following: 

7 ‘‘The Secretary may amend the scope of a grant agreement 

8 at the request of the community or consortium and any par9 ticipating air carrier, and may limit the scope of a grant 

10 agreement to only the elements using grant assistance or 

11 to only the elements achieved, if the Secretary determines 

12 that the amendment is reasonably consistent with the origi13 nal purpose of the project.’’. 

14 SEC. 3204. WAIVERS. 

15 Section 41732 is amended by adding at the end the 

16 following: 

17 ‘‘(c) WAIVERS.—Notwithstanding section 41733(e), 

18 upon request by an eligible place, the Secretary may waive, 

19 in whole or in part, subsections (a) and (b) of this section 

20 or subsections (a) through (c) of section 41734. A waiver 

21 issued under this subsection shall remain in effect for a lim22 ited 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 Avia9 tion 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 air15 craft to ground stations and to other equipped air16 craft. 

17 (5) NEXTGEN.—The term ‘‘NextGen’’ means the 

18 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 date 

23 of enactment of this Act, and annually thereafter until the 

24 date that each NextGen program has a positive return on 

25 investment, the Administrator shall submit to the approVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 priate committees of Congress a report on the status of each 

2 NextGen program, including the most recent NextGen pri3 ority list under subsection (c). 

4 (b) CONTENTS.—The report under subsection (a) shall 

5 include, for each NextGen program— 

6 (1) an estimate of the date the program will have 

7 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 or 

11 utilizing the program; 

12 (3) an estimate of the completion date; 

13 (4) an assessment of the long-term and near-term 

14 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 

4 paragraph (1); and 

5 (3) prepare budget submissions to reflect the cur6 rent status of NextGen programs and projected re7 turns on investment for each NextGen program. 

8 (d) DEFINITION OF RETURN ON INVESTMENT.—In this 

9 section, the term ‘‘return on investment’’ means the cost as10 sociated with technologies that are required by law or policy 

11 as compared to the financial benefits derived from such 

12 technologies by a government or a user of airspace. 

13 (e) REPEAL OF NEXTGEN PRIORITIES.—Section 202 

14 of the FAA Modernization and Reform Act of 2012 (Public 

15 Law 112–95; 49 U.S.C. 40101 note) and the item relating 

16 to that section in the table of contents under section 1(b) 

17 of that Act are repealed. 

18 SEC. 4102. ENSURING FAA READINESS TO PROVIDE SEAM19 LESS OCEANIC OPERATIONS. 

20 Not later than September 30, 2018, the Administrator 

21 shall make a final investment decision regarding a reduced 

22 oceanic separation capability that, if a positive business 

23 case is provided, would result in operational use by the end 

24 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.—Sec5 tion 214 of the FAA Modernization and Reform Act of 2012 

6 (Public Law 112–95; 49 U.S.C. 40101 note) is amended by 

7 adding at the end the following: 

8 ‘‘(e) ANNUAL NEXTGEN PERFORMANCE GOALS.—The 

9 Administrator shall establish annual NextGen performance 

10 goals for each of the performance metrics set forth in sub11 section (a) to meet the performance metric baselines identi12 fied under subsection (b). Such goals shall be established 

13 in consultation with public and private NextGen stake14 holders, including the NextGen Advisory Committee.’’. 

15 (c) NEXTGEN METRICS REPORT.—Section 710(e)(2) of 

16 the Vision 100—Century of Aviation Reauthorization Act 

17 (Public Law 108–176; 49 U.S.C. 40101 note) is amended— 

18 (1) in subparagraph (D), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (E), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(F) a description of the progress made in 

24 meeting the annual NextGen performance goals 

25 relative to the performance metrics established 

26 under section 214 of the FAA Modernization and 


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1 Reform Act of 2012 (Public Law 112–95; 49 

2 U.S.C. 40101 note).’’. 

3 (d) CHIEF NEXTGEN OFFICER.—Section 106(s) is 

4 amended— 

5 (1) in paragraph (2)(B), by adding at the end 

6 the following: ‘‘In evaluating the performance of the 

7 Chief NextGen Officer for the purpose of awarding a 

8 bonus under this subparagraph, the Administrator 

9 shall consider the progress toward meeting the 

10 NextGen performance goals established pursuant to 

11 section 214(e) of the FAA Modernization and Reform 

12 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

13 note).’’; and 

14 (2) in paragraph (3), by adding at the end the 

15 following: ‘‘The annual organizational performance 

16 goals set forth in the agreement shall include quantifi17 able NextGen airspace performance objectives regard18 ing efficiency, productivity, capacity, and safety, 

19 which shall be established in consultation with public 

20 and private NextGen stakeholders, including the 

21 NextGen Advisory Committee.’’. 

22 SEC. 4104. AIR TRAFFIC CONTROL OPERATIONAL CONTIN23 GENCY PLANS. 

24 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) On September 26, 2014, an Administration 

2 contract employee deliberately started a fire that de3 stroyed critical equipment at the Administration’s 

4 Chicago Air Route Traffic Control Center (referred to 

5 in this section as the ‘‘Chicago Center’’) in Aurora, 

6 Illinois. 

7 (2) As a result of the damage, Chicago Center 

8 was unable to control air traffic for more than 2 

9 weeks, thousands of flights were delayed or cancelled 

10 into and out of O’Hare International Airport and 

11 Midway Airport in Chicago, and aviation stake12 holders and airlines reportedly lost over $350,000,000. 

13 (3) According to the Office of the Inspector Gen14 eral of the Department of Transportation, although 

15 the Administration has taken steps to improve the ef16 fectiveness of its operational contingency plans since 

17 the incident at the Chicago Center, significant work 

18 remains to be done. 

19 (b) AIR TRAFFIC CONTROL OPERATIONAL CONTIN20 GENCY PLANS.—Not later than 1 year after the date of en21 actment of this Act, and every 5 years thereafter, the Ad22 ministrator shall update the Administration’s air traffic 

23 control operational contingency plans (FAA Order JO 

24 1900.47E) to address potential air traffic facility outages 

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1 tional airspace system, including the most recent findings 

2 and recommendations in the report under subsection (d). 

3 (c) UPDATES.—Not later than 60 days after the date 

4 the air traffic control operational contingency plans are up5 dated under subsection (b), the Administrator shall submit 

6 to the appropriate committees of Congress a report on the 

7 update, including any recommendations for ensuring air 

8 traffic facility outages do not have a major impact on the 

9 operation of the national airspace system. 

10 (d) RESILIENCY RECOMMENDATIONS.—Not later than 

11 180 days after the date of enactment of this Act, and peri12 odically thereafter as the Administrator considers appro13 priate, the Administrator shall convene NextGen program 

14 officials to evaluate, expedite, and complete a report on how 

15 planned NextGen capabilities can enhance the resiliency 

16 and continuity of national airspace system operations and 

17 mitigate the impact of future air traffic control disruptions. 

18 SEC. 4105. 2020 ADS-B OUT MANDATE PLAN. 

19 The Administrator, in collaboration with the NextGen 

20 Advisory Committee, shall— 

21 (1) not later than 180 days after the date of en22 actment of this Act— 

23 (A) identify any known and potential bar24 riers to compliance with the 2020 ADS-B Out 


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1 mandate under section 91.225 of title 14, Code 

2 of Federal Regulations; 

3 (B) develop a plan to address the known 

4 barriers identified in paragraph (1), including a 

5 schedule for— 

6 (i) periodically reevaluating the poten7 tial barriers identified in paragraph (1); 

8 and 

9 (ii) developing solutions and imple10 menting actions to address the known and 

11 potential barriers; and 

12 (C) submit the plan to the appropriate com13 mittees of Congress; 

14 (2) periodically update the plan and, not later 

15 than 30 days after the completion date, submit the 

16 update to the appropriate committees of Congress; 

17 and 

18 (3) not later than 30 days after the date the plan 

19 is submitted under paragraph (2), and annually 

20 thereafter until January 1, 2020, submit to the ap21 propriate committees of Congress a report on the 

22 progress made toward meeting the 2020 ADS-B Out 

23 mandate. 


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1 SEC. 4106. NEXTGEN INTEROPERABILITY. 

2 (a) IN GENERAL.—To implement a more effective 

3 international strategy for achieving NextGen interoper4 ability with foreign countries, the Administrator shall take 

5 the following actions: 

6 (1) Conduct a gap analysis to identify potential 

7 risks to NextGen interoperability with other Air 

8 Navigation Service Providers and establish a schedule 

9 for periodically reevaluating such risks. 

10 (2) Develop a plan that identifies and documents 

11 actions the Administrator will undertake to mitigate 

12 such risks, using information from the gap analysis 

13 as a basis for making management decisions about 

14 how to allocate resources for such actions. 

15 (b) REPORT.—Not later than 1 year after the date of 

16 enactment of this Act, the Administrator shall submit to 

17 the appropriate committees of Congress a report on the 

18 analysis conducted under paragraph (1) of subsection (a) 

19 and on the actions the Administrator has taken under para20 graph (2) of such subsection. 

21 SEC. 4107. NEXTGEN TRANSITION MANAGEMENT. 

22 (a) IN GENERAL.—The Administrator shall— 

23 (1) identify and analyze technical and oper24 ational maturity gaps in NextGen transition and im25 plementation plans; and 


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1 (2) develop a plan to mitigate the gaps identified 

2 in paragraph (1). 

3 (b) REPORT.—Not later than 1 year after the date of 

4 enactment of this Act, the Administrator shall submit to 

5 the appropriate committees of Congress a report on the ac6 tions taken to carry out the plan required by subsection 

7 (a)(2). 

8 SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL 

9 IMPROVEMENTS. 

10 (a) IN GENERAL.—To help ensure that NextGen oper11 ational improvements are fully implemented in the mid12 term, the Administrator shall— 

13 (1) collaborate with air carriers and other users 

14 of the national airspace system (referred to in this 

15 section as ‘‘NAS’’) to develop and implement a system 

16 to systematically track the use of existing performance 

17 based navigation (referred to in this section as 

18 ‘‘PBN’’) procedures; 

19 (2) identify and consider other key operational 

20 improvements, including the identification of— 

21 (A) additional metroplexes for PBN 

22 projects; 

23 (B) non-metroplex PBN procedures; and 

24 (C) unused flight routes for decommis25 sioning; 


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1 (3) develop and implement guidelines for the 

2 timely inclusion of appropriate stakeholders, includ3 ing airport representatives, in the planning and im4 plementation of NextGen operational improvement ef5 forts; and 

6 (4) ensure that NextGen planning documents in7 form stakeholders of how and when operational im8 provements are expected to achieve NextGen national 

9 goals and strategic objectives. 

10 (b) REPORTS.—Each year, as part of the submission 

11 of the NextGen Integrated Work Plan, the Administrator 

12 shall submit to the appropriate committees of Congress a 

13 report on— 

14 (1) the progress made toward implementing the 

15 requirements under subsection (a); and 

16 (2) the schedule and process that will be used to 

17 implement PBN at additional airports, including in18 formation on how the Administration will partner 

19 and coordinate with private industry to ensure expe20 ditious implementation of PBN at additional air21 ports. 

22 SEC. 4109. SECURING AIRCRAFT AVIONICS SYSTEMS. 

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

24 Aviation Administration shall consider, where appropriate, 


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1 revising Federal Aviation Administration regulations re2 garding airworthiness certification— 

3 (1) to address cybersecurity for avionics systems, 

4 including software components; and 

5 (2) to require that aircraft avionics systems used 

6 for flight guidance or aircraft control be secured 

7 against unauthorized access via passenger in-flight 

8 entertainment systems through such means as the Ad9 ministrator determines appropriate to protect the avi10 onics systems from unauthorized external and inter11 nal access. 

12 (b) CONSIDERATION.—In carrying out subsection (a), 

13 the Administrator shall consider the recommendations of the 

14 Aircraft Systems Information Security Protection Working 

15 Group under section 2111 of the FAA Extension Safety and 

16 Security Act of 2016 (Public Law 114–190; 130 Stat. 615). 

17 SEC. 4110. DEFINING NEXTGEN. 

18 Not later than 1 year after the date of enactment of 

19 this Act, the Comptroller General of the United States 

20 shall— 

21 (1) assess how the line items included in the Ad22 ministration’s NextGen budget request relate to the 

23 goals and expected outcomes of NextGen, including 

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1 tribute to a measurably safer and more efficient air 

2 traffic control system; and 

3 (2) submit to the appropriate committees of Con4 gress a report on the results of the assessment under 

5 paragraph (1), including any recommendations for 

6 the removal of line items that do not directly con7 tribute to a measurably safer and more efficient air 

8 traffic control system. 

9 SEC. 4111. HUMAN FACTORS. 

10 (a) IN GENERAL.—In order to avoid having to subse11 quently modify products and services developed as a part 

12 of NextGen, the Administrator shall— 

13 (1) recognize and incorporate, in early design 

14 phases of all relevant NextGen programs, the human 

15 factors and procedural and airspace implications of 

16 stated goals and associated technical changes; and 

17 (2) ensure that a human factors specialist, sepa18 rate from the research and certification groups, is di19 rectly involved with the NextGen approval process. 

20 (b) REPORT.—Not later than 1 year after the date of 

21 enactment of this Act, the Administrator shall submit to 

22 the appropriate committees of Congress a report on the 

23 progress made toward implementing the requirements 

24 under subsection (a). 


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1 SEC. 4112. MAJOR ACQUISITION REPORTS. 

2 (a) IN GENERAL.—The Administrator shall evaluate 

3 the current acquisition practices of the Administration to 

4 ensure that such practices— 

5 (1) identify the current estimated costs for each 

6 acquisition system, including all segments; 

7 (2) separately identify cumulative amounts for 

8 acquisition costs, technical refresh, and other enhance9 ments in order to identify the total baselined and re10 baselined costs for each system; and 

11 (3) account for the way funds are being used 

12 when reporting to managers, Congress, and other 

13 stakeholders. 

14 (b) REPORT.—Not later than 1 year after the date of 

15 enactment of this Act, and biennially thereafter, the Admin16 istrator shall submit to the appropriate committees of Con17 gress a report on the progress made toward implementing 

18 the requirements under subsection (a). 

19 SEC. 4113. EQUIPAGE MANDATES. 

20 (a) IN GENERAL.—Before NextGen-related equipage 

21 mandates are imposed on users of the national airspace sys22 tem, the Administrator, in collaboration with relevant 

23 stakeholders, shall— 

24 (1) provide a statement of estimated costs and 

25 benefits based on mature and stable technical speci26 fications; and 


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1 (2) create a schedule for Administration 

2 deliverables and investments by both the users and the 

3 Administration, including for procedure and airspace 

4 design, infrastructure deployment, and training. 

5 SEC. 4114. WORKFORCE. 

6 (a) IN GENERAL.—Not later than 1 year after the date 

7 of enactment of this Act, the Administrator shall— 

8 (1) identify and assess barriers to attracting, de9 veloping, training, and retaining a talented workforce 

10 in the areas of systems engineering, architecture, sys11 tems integration, digital communications, and cyber12 security; 

13 (2) develop a comprehensive plan to attract, de14 velop, train, and retain talented individuals in those 

15 fields; and 

16 (3) identify existing authorities available to the 

17 Administrator, through personnel reform, to attract, 

18 develop, and retain this talent. 

19 (b) REPORT.—The Administrator shall submit to the 

20 appropriate committees of Congress a report on the progress 

21 made toward implementing the requirements under sub22 section (a). 

23 SEC. 4115. PROGRAMMATIC RISK MANAGEMENT. 

24 (a) IN GENERAL.—To better inform the Administra25 tion’s decisions regarding the prioritization of efforts and 


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1 allocation of resources for NextGen, the Administrator 

2 shall— 

3 (1) solicit input from specialists in probability 

4 and statistics to identify and prioritize the pro5 grammatic and implementation risks to NextGen; 

6 and 

7 (2) develop a method to manage and mitigate the 

8 risks identified in paragraph (1). 

9 (b) REPORT.—Not later than 1 year after the date of 

10 enactment of this Act, the Administrator shall submit to 

11 the appropriate committees of Congress a report on the 

12 progress made toward implementing the requirements 

13 under subsection (a). 

14 SEC. 4116. PROGRAM MANAGEMENT. 

15 Not later than 1 year after the date of enactment of 

16 this Act, the Administrator, in collaboration with the 

17 NextGen Advisory Committee and the National Academies 

18 of Sciences, Engineering, and Medicine, shall— 

19 (1) identify industry best practices regarding 

20 highly integrated program management; 

21 (2) determine whether, and identify how, the Ad22 ministration is applying the best practices identified 

23 in paragraph (1) in the management of NextGen; 


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1 (3) identify, in detail, the lessons learned regard2 ing the complex integration of NextGen programs into 

3 the national airspace system; 

4 (4) identify and assess the key risks for the full 

5 implementation of— 

6 (A) multiple runway operations; 

7 (B) performance based navigation; 

8 (C) surface operations and data sharing; 

9 and 

10 (D) data communications; 

11 (5) develop a detailed plan to mitigate the risks 

12 identified under paragraph (4); and 

13 (6) submit to the appropriate committees of Con14 gress a report on the activities under paragraphs (1) 

15 through (5), including the plan. 

16 SEC. 4117. SYSTEM-WIDE IMPROVEMENTS. 

17 (a) IN GENERAL.—Not later than 1 year after the date 

18 of enactment of this Act, the Administrator shall submit 

19 to the appropriate committees of Congress a report identi20 fying any improvements and benefits to the national air21 space system, as a whole, as a result of— 

22 (1) multiple runway operations; 

23 (2) performance based navigation; 

24 (3) surface operations and data sharing; and 

25 (4) data communications. 


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1 (b) CONSIDERATIONS.—In identifying improvements 

2 and benefits under subsection (a) as a result of the NextGen 

3 programs listed under subparagraphs (A) through (D) of 

4 that subsection, the Administrator shall consider, at a min5 imum— 

6 (1) reduced overall delays in the national air7 space system; 

8 (2) increased overall throughput in the national 

9 airspace system; 

10 (3) decreased overall emissions and fuel con11 sumption in the national airspace system; and 

12 (4) improved safety in the national airspace sys13 tem. 

14 SEC. 4118. NEXTGEN RESEARCH. 

15 Not later than 1 year after the date of enactment of 

16 this Act, the Administrator shall submit to the appropriate 

17 committees of Congress a report specifying the top 5 pri18 ority research areas for the implementation and advance19 ment of NextGen, including— 

20 (1) an assessment of why the research areas are 

21 a priority for the implementation and advancement 

22 of NextGen; 

23 (2) an identification of the other Federal agen24 cies and private organizations assisting the Adminis25 tration with the research; and 


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1 (3) an estimate of when the research will be com2 pleted. 

3 SEC. 4119. ANNUAL REPORT ON NEXTGEN IMPLEMENTA4 TION. 

5 (a) IN GENERAL.—Not later than 1 year after the date 

6 of enactment of this Act, and not less frequently than annu7 ally thereafter, the Administrator shall submit to the appro8 priate committees of Congress a report on the implementa9 tion of NextGen at commercial service airports in the 

10 United States. 

11 (b) ELEMENTS.—Each report required by subsection 

12 (a) shall include the following: 

13 (1) The number and percentage of commercial 

14 service airports in the United States that have fully 

15 implemented NextGen. 

16 (2) The percentage completion of NextGen imple17 mentation at each commercial service airport in the 

18 United States. 

19 (c) DEVELOPMENT OF STANDARD TO DETERMINE PER20 CENTAGE IMPLEMENTATION OF NEXTGEN.— 

21 (1) IN GENERAL.—The Administrator shall de22 velop a standard for determining under subsection 

23 (b)(2) the percentage completion of NextGen imple24 mentation at commercial service airports in the 

25 United States based on factors that may include an 


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1 accounting of efficiency benefits achieved, the degree of 

2 NextGen technology and infrastructure installed, and 

3 the extent of controller training on NextGen. 

4 (2) INCLUSION IN REPORT.—The Administrator 

5 shall include in the report submitted under subsection 

6 (a) the standard developed under paragraph (1). 

7 Subtitle B—Administration 

8 Organization and Employees 

9 SEC. 4201. COST-SAVING INITIATIVES. 

10 (a) IN GENERAL.—To ensure that Administration ini11 tiatives are being implemented in a timely and fiscally re12 sponsible manner, the Administrator shall— 

13 (1) identify and implement agencywide cost-sav14 ing initiatives; and 

15 (2) develop appropriate schedules and metrics to 

16 measure whether the initiatives are successful in re17 ducing costs. 

18 (b) REPORT.—Not later than 1 year after the date of 

19 enactment of this Act, the Administrator shall submit to 

20 the appropriate committees of Congress a report on the 

21 progress made toward implementing the requirements 

22 under subsection (a). 


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1 SEC. 4202. FEDERAL AVIATION ADMINISTRATION PERFORM2 ANCE MEASURES AND TARGETS. 

3 (a) PERFORMANCE MEASURES.—Not later than 180 

4 days after the date of enactment of this Act, the Secretary 

5 of Transportation shall establish performance measures re6 lating to the administration of the Administration, which 

7 shall, at a minimum, include measures to assess— 

8 (1) the reduction of delays in the completion of 

9 projects; and 

10 (2) the effectiveness of the Administration in 

11 achieving the goals described in section 47171 of title 

12 49, United States Code. 

13 (b) PERFORMANCE TARGETS.—Not later than 180 

14 days after the date on which the Secretary establishes per15 formance measures in accordance with subsection (a), the 

16 Secretary shall establish performance targets relating to 

17 each of the measures described in that subsection. 

18 (c) REPORT.—Not later than 2 years after the date of 

19 enactment of this Act, the Inspector General of the Depart20 ment of Transportation shall submit to the appropriate 

21 committees of Congress a report describing the progress of 

22 the Secretary in meeting the performance targets established 

23 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 deter7 mined 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 essen11 tial employee, if the Administrator determines the furlough 

12 is necessary to achieve the required spending reductions. 

13 (c) TRANSFER OF BUDGETARY RESOURCES.—The Ad14 ministrator may transfer budgetary resources within the 

15 Administration to carry out subsection (b), except that the 

16 transfer may only be made to maintain essential employees. 

17 SEC. 4204. CONTROLLER CANDIDATE INTERVIEWS. 

18 (a) IN GENERAL.—Not later than 60 days after the 

19 date of enactment of this Act, the Administrator shall re20 quire that an in-person interview be conducted with each 

21 individual applying for an air traffic control specialist po22 sition before that individual may be hired to fill that posi23 tion. 

24 (b) GUIDANCE.—Not later than 30 days after the date 

25 of enactment of this Act, the Administrator shall establish 


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1 guidelines regarding the in-person interview process de2 scribed in subsection (a). 

3 SEC. 4205. REPORT ON PLANS FOR AIR TRAFFIC CONTROL 

4 FACILITIES IN THE NEW YORK CITY AND NEW5 ARK REGION. 

6 Not later than 90 days after the date of enactment of 

7 this Act, the Administrator shall submit to the appropriate 

8 committees of Congress a report on the Administration’s 

9 staffing and scheduling plans for air traffic control facili10 ties in the New York City and Newark region for the 1- 

11 year period beginning on such date of enactment. 

12 SEC. 4206. WORK PLAN FOR THE NEW YORK/NEW JERSEY/ 

13 PHILADELPHIA METROPOLITAN AREA AIR14 SPACE PROJECT. 

15 Not later than 90 days after the date of enactment of 

16 this Act, the Administrator shall develop and publish in 

17 the Federal Register a work plan for the New York/New Jer18 sey/Philadelphia Metropolitan Area Airspace Project. 

19 SEC. 4207. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 

20 (a) REQUIREMENT TO PROVIDE SERVICES AND RE21 LATED SUPPORT.—The Administrator shall provide air 

22 traffic services and aviation safety support for aviation 

23 events, including airshows and fly-ins, without the imposi24 tion or collection of any fee, tax, or other charge for that 

25 purpose. Amounts for the provision of such services and 


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1 support shall be derived from amounts appropriated or oth2 erwise available for the Administration. 

3 (b) DETERMINATION OF SERVICES AND SUPPORT TO

4 BE PROVIDED.—In determining the services and support 

5 to be provided for an aviation event for purposes of sub6 section (a), the Administrator shall take into account the 

7 following: 

8 (1) The services and support required to meet 

9 levels of activity at prior events, if any, similar to the 

10 event. 

11 (2) The anticipated need for services and support 

12 at the event. 

13 SEC. 4208. ANNUAL REPORT ON INCLUSION OF DISABLED 

14 VETERAN LEAVE IN PERSONNEL MANAGE15 MENT SYSTEM. 

16 Not later than 1 year after the date of enactment of 

17 this Act, and not less frequently than annually thereafter 

18 until the date that is 5 years after the date of enactment 

19 of this Act, the Administrator shall publish on a publicly 

20 accessible Internet Web site a report on— 

21 (1) the effect of section 40122(g)(4) of title 49, 

22 United States Code, on the Administration’s work23 force; and 

24 (2) the number of disabled veterans benefitting 

25 from that section. 


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1 SEC. 4209. APPLICATION OF VETERANS’ PREFERENCE TO 

2 FEDERAL AVIATION ADMINISTRATION PER3 SONNEL MANAGEMENT SYSTEM. 

4 Section 40122(g)(2)(B) is amended— 

5 (1) by inserting ‘‘3304(f),’’ before ‘‘3308-3320’’; 

6 and 

7 (2) by inserting ‘‘3330a, 3330b, 3330c, and 

8 3330d,’’ before ‘‘relating’’. 

9 SEC. 4210. AIRCRAFT REGISTRY OFFICE. 

10 The Administrator of the Federal Aviation Adminis11 tration shall designate employees at the Aircraft Registry 

12 Office in Oklahoma City, Oklahoma, as excepted employees 

13 in the event of a shutdown or emergency furlough to ensure 

14 that the office remains open for the duration of the lapse 

15 in Federal Government appropriations to the Federal Avia16 tion Administration. 

17 TITLE V—MISCELLANEOUS 

18 SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD IN19 VESTIGATIVE OFFICERS. 

20 Section 1113 is amended by striking subsection (h). 

21 SEC. 5002. OVERFLIGHTS OF NATIONAL PARKS. 

22 Section 40128 is amended— 

23 (1) in subsection (a)(3), by striking ‘‘the’’ before 

24 ‘‘title 14’’; and 

25 (2) by amending subsection (f) to read as follows: 

26 ‘‘(f) TRANSPORTATION ROUTES.— 


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1 ‘‘(1) IN GENERAL.—This section shall not apply 

2 to any air tour operator while flying over or near 

3 any Federal land managed by the Director of the Na4 tional Park Service, including Lake Mead National 

5 Recreation Area, solely as a transportation route, to 

6 conduct an air tour over the Grand Canyon National 

7 Park. 

8 ‘‘(2) EN ROUTE.—For purposes of this sub9 section, an air tour operator flying over the Hoover 

10 Dam in the Lake Mead National Recreation Area en 

11 route to the Grand Canyon National Park shall be 

12 deemed to be flying solely as a transportation route.’’. 

13 SEC. 5003. AERONAUTICAL STUDIES FOR COMMERCIAL 

14 SPACE LAUNCH SITE RUNWAYS. 

15 (a) IN GENERAL.—Section 44718(b)(1) is amended– 

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

17 by striking ‘‘air navigation facilities and equipment’’ 

18 and inserting ‘‘air or space navigation facilities and 

19 equipment’’; and 

20 (2) in subparagraph (A)— 

21 (A) by redesignating clauses (v) and (vi) as 

22 clauses (vi) and (vii), respectively; and 

23 (B) by inserting after clause (iv) the fol24 lowing: 


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1 ‘‘(v) the impact on launch and reentry 

2 for launch and reentry vehicles arriving or 

3 departing from a launch site or reentry site 

4 licensed by the Secretary.’’. 

5 (b) RULEMAKING.—Not later than 18 months after the 

6 date of enactment of this Act, the Administrator of the Fed7 eral Aviation Administration shall initiate a rulemaking 

8 to implement the amendments made by subsection (a). 

9 SEC. 5004. COMPREHENSIVE AVIATION PREPAREDNESS 

10 PLAN. 

11 (a) IN GENERAL.—No later than 1 year after the date 

12 of enactment of this Act, the Secretary of Transportation 

13 and the Secretary of Health and Human Services, in co14 ordination with the Secretary of Homeland Security, the 

15 Secretary of Labor, the Secretary of State, the Secretary 

16 of Defense, and representatives of other Federal departments 

17 and agencies, as necessary, shall develop a comprehensive 

18 national aviation communicable disease preparedness plan. 

19 (b) MINIMUM COMPONENTS.—The plan developed 

20 under subsection (a) shall— 

21 (1) be developed in consultation with other rel22 evant stakeholders, including State, local, tribal, and 

23 territorial governments, air carriers, first responders, 

24 and the general public; 


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1 (2) provide for the development of a communica2 tions system or protocols for providing comprehensive, 

3 appropriate, and up-to-date information regarding 

4 communicable disease threats and preparedness be5 tween all relevant stakeholders; 

6 (3) document the roles and responsibilities of rel7 evant Federal department and agencies, including co8 ordination requirements; 

9 (4) provide guidance to air carriers, airports, 

10 and other appropriate aviation stakeholders on how 

11 to develop comprehensive communicable disease pre12 paredness plans for their respective organizations, in 

13 accordance with the plan to be developed under sub14 section (a); 

15 (5) be scalable and adaptable so that the plan 

16 can be used to address the full range of communicable 

17 disease threats and incidents; 

18 (6) provide information on communicable threats 

19 and response training resources for all relevant stake20 holders, including Federal, State, local, tribal, and 

21 territorial government employees, airport officials, 

22 aviation industry employees and contractors, first re23 sponders, and health officials; 

24 (7) develop protocols for the dissemination of 

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1 tion to the traveling public concerning communicable 

2 disease threats and preparedness; 

3 (8) be updated periodically to incorporate lessons 

4 learned with supplemental information; and 

5 (9) be provided to relevant government agencies 

6 and stakeholders in writing, and electronically, and 

7 accessible via the Internet. 

8 (c) INTERAGENCY FRAMEWORK.—The plan developed 

9 under subsection (a) shall— 

10 (1) be conducted under the existing interagency 

11 framework for national level all hazards emergency 

12 preparedness planning or another appropriate frame13 work; and 

14 (2) be consistent with the obligations of the 

15 United States under international agreements. 

16 SEC. 5005. ADVANCED MATERIALS CENTER OF EXCEL17 LENCE. 

18 (a) IN GENERAL.—Chapter 445 is amended by adding 

19 at the end the following: 

20 ‘‘§ 44518. Advanced Materials Center of Excellence 

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

22 Aviation Administration shall continue operation of the 

23 Advanced Materials Center of Excellence (referred to in this 

24 section as the ‘Center’) under its structure as in effect on 

25 March 1, 2016, which shall focus on applied research and 


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1 training on the durability and maintainability of advanced 

2 materials in transport airframe structures. 

3 ‘‘(b) RESPONSIBILITIES.—The Center shall— 

4 ‘‘(1) promote and facilitate collaboration among 

5 academia, the Transportation Division of the Federal 

6 Aviation Administration, and the commercial aircraft 

7 industry, including manufacturers, commercial air 

8 carriers, and suppliers; and 

9 ‘‘(2) establish goals set to advance technology, 

10 improve engineering practices, and facilitate con11 tinuing education in relevant areas of study. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Administrator 

14 $500,000 for each of the fiscal years 2018 and 2021 to carry 

15 out this section.’’. 

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

17 chapter 445 is amended by adding at the end the following: 

‘‘44518. Advanced Materials Center of Excellence.’’. 

18 SEC. 5006. INTERFERENCE WITH AIRLINE EMPLOYEES. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of enactment of this Act, the Comptroller General of 

21 the United States shall— 

22 (1) complete a study of crimes of violence (as de23 fined in section 16 of title 18, United States Code) 

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1 atives while they are performing their duties and on 

2 airport property; and 

3 (2) submit the findings of the study, including 

4 any recommendations, to the appropriate committees 

5 of Congress. 

6 (b) GAP ANALYSIS.—The study shall include a gap 

7 analysis to determine if State and local laws and resources 

8 are adequate to deter or otherwise address the crimes of vio9 lence described in subsection (a) and recommendations on 

10 how to address any identified gaps. 

11 (c) AIR CARRIER EMPLOYEE ASSAULT PREVENTION

12 AND RESPONSE PLAN.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the completion of the study under subsection (a), each 

15 air carrier operating under part 121 of title 14, Code 

16 of Federal Regulations (in this section referred to as 

17 a ‘‘part 121 air carrier’’), shall submit to the Admin18 istrator of the Federal Aviation Administration for 

19 review and acceptance an employee assault prevention 

20 and response plan that reflects the findings of the 

21 study under subsection (a) related to trends in inci22 dents of physical altercations involving air carrier 

23 customer service representatives while they are per24 forming their duties and on airport property. 


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1 (2) CONTENTS OF PLAN.—An employee assault 

2 prevention and response plan submitted by a part 

3 121 air carrier under paragraph (1) shall include the 

4 following: 

5 (A) Reporting protocols for air carrier cus6 tomer service agents who have been the victim of 

7 physical altercations. 

8 (B) Protocols for the notification of law en9 forcement agents of an incident of a physical al10 tercation against an air carrier customer service 

11 agent. 

12 (C) Protocols for informing Federal law en13 forcement agents in a case in which an indi14 vidual is alleged to have violated section 46503 

15 of title 49, United States Code. 

16 (3) CONSULTATIONS WITH LABOR ORGANIZA17 TIONS.—In developing the plan required by para18 graph (1), a part 121 air carrier shall consult with 

19 the appropriate labor organizations representing the 

20 customer service agents of the air carrier. 

21 (d) EMPLOYEE TRAINING.—Each part 121 air carrier 

22 shall submit to the Federal Aviation Administration a plan 

23 for training all employees, including management, on the 

24 plan required under subsection (c)(1) that includes training 

25 on de-escalating hostile situations, written protocols on 


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1 dealing with hostile situations, and reporting of incidents 

2 of violence. 

3 SEC. 5007. SECONDARY COCKPIT BARRIERS. 

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

5 ‘‘Saracini Aviation Safety Act of 2017’’. 

6 (b) REQUIREMENT.—Not later than 1 year after the 

7 date of the enactment of this Act, the Administrator of the 

8 Federal Aviation Administration shall issue an order re9 quiring installation of a secondary cockpit barrier on each 

10 new aircraft that is manufactured for delivery to a pas11 senger air carrier in the United States operating under the 

12 provisions of part 121 of title 14, Code of Federal Regula13 tions. 

14 SEC. 5008. RESEARCH AND DEPLOYMENT OF CERTAIN AIR15 FIELD PAVEMENT TECHNOLOGIES. 

16 Using amounts made available under section 48102(a) 

17 of title 49, United States Code, the Administrator of the 

18 Federal Aviation Administration shall carry out a program 

19 for the research and development of aircraft pavement tech20 nologies under which the Administrator makes grants to, 

21 and enters into cooperative agreements with, institutions of 

22 higher education and nonprofit organizations that— 

23 (1) research concrete and asphalt airfield pave24 ment technologies that extend the life of airfield pave25 ments; 


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1 (2) develop and conduct training; 

2 (3) provide for demonstration projects; and 

3 (4) promote the latest airfield pavement tech4 nologies to aid in the development of safer, more cost 

5 effective, and more durable airfield pavements. 

6 SEC. 5009. INCREASE IN DURATION OF GENERAL AVIATION 

7 AIRCRAFT REGISTRATION. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Administrator of the Federal Aviation Ad10 ministration shall initiate a rulemaking to increase the du11 ration of aircraft registrations for noncommercial general 

12 aviation aircraft to 5 years. 

13 SEC. 5010. MODIFICATION OF LIMITATION OF LIABILITY RE14 LATING TO AIRCRAFT. 

15 Section 44112(b) is amended— 

16 (1) by striking ‘‘on land or water’’; and 

17 (2) by inserting ‘‘operational’’ before ‘‘control’’. 

18 SEC. 5011. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

19 OF ILLEGAL DRUGS SEIZED AT INTER20 NATIONAL AIRPORTS IN THE UNITED STATES. 

21 (a) IN GENERAL.—The Comptroller General of the 

22 United States shall conduct a study of illegal drugs, includ23 ing heroin, fentanyl, and cocaine, seized by Federal authori24 ties at international airports in the United States. 


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1 (b) ELEMENTS.—In conducting the study required by 

2 subsection (a), the Comptroller General shall address, at a 

3 minimum— 

4 (1) the types and quantities of drugs seized; 

5 (2) the origin of the drugs seized; 

6 (3) the airport at which the drugs were seized; 

7 (4) the manner in which the drugs were seized; 

8 and 

9 (5) the manner in which the drugs were trans10 ported. 

11 (c) USE OF DATA; RECOMMENDATIONS FOR ADDI12 TIONAL DATA COLLECTION.—In conducting the study re13 quired by subsection (a), the Comptroller General shall use 

14 all available data. If the Comptroller General determines 

15 that additional data is needed to fully understand the extent 

16 to which illegal drugs enter the United States through inter17 national airports in the United States, the Comptroller 

18 General shall develop recommendations for the collection of 

19 that data. 

20 (d) SUBMISSION TO CONGRESS.—Not later than 180 

21 days after the date of enactment of this Act, the Comptroller 

22 General shall submit to the appropriate committees of Con23 gress a report on the study conducted under subsection (a) 

24 that includes any recommendations developed under sub25 section (c). 


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1 SEC. 5012. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

2 OF UNMANNED AIRCRAFT SYSTEMS. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Comptroller General of the 

5 United States shall submit to the appropriate committees 

6 of Congress a report examining law enforcement challenges 

7 posed by the use of unmanned aircraft systems for illegal 

8 drug trafficking. 

9 (b) CONTENTS.—The report submitted under sub10 section (a) shall examine how unmanned aircraft systems 

11 are being used to transport illegal drugs across the inter12 national borders of the United States, including— 

13 (1) how international drug traffickers have used 

14 unmanned aircraft systems to fly packages of illegal 

15 drugs into the United States; 

16 (2) how international drug traffickers have used 

17 unmanned aircraft systems to survey international 

18 borders, providing intelligence to smugglers on 

19 vulnerabilities in the border security efforts of the 

20 United States; and 

21 (3) other ways in which international drug traf22 fickers have used unmanned aircraft systems to assist 

23 their efforts to smuggle illegal drugs into the United 

24 States. 


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1 SEC. 5013. SENSE OF CONGRESS ON PREVENTING THE 

2 TRANSPORTATION OF DISEASE-CARRYING 

3 MOSQUITOES AND OTHER INSECTS ON COM4 MERCIAL AIRCRAFT. 

5 It is the sense of Congress that the Secretary of Trans6 portation and the Secretary of Agriculture should, in co7 ordination and consultation with the World Health Organi8 zation, develop a framework and guidance for the use of 

9 safe, effective, and nontoxic means of preventing the trans10 portation of disease-carrying mosquitoes and other insects 

11 on commercial aircraft. 

12 SEC. 5014. TREATMENT OF MULTI-YEAR LESSEES OF LARGE 

13 AND TURBINE-POWERED MULTIENGINE AIR14 CRAFT. 

15 The Secretary of Transportation shall revise such regu16 lations as may be necessary to ensure that multi-year lessees 

17 and owners of large and turbine-powered multiengine air18 craft are treated equally for purposes of joint ownership 

19 policies of the Federal Aviation Administration. 

20 SEC. 5015. STUDENT OUTREACH REPORT. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Administrator of the Federal Aviation Ad23 ministration shall submit to the appropriate committees of 

24 Congress a report that describes the Administration’s exist25 ing outreach efforts, such as the STEM Aviation and Space 

26 Education Outreach Program, to elementary and secondary 


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1 students who are interested in careers in science, technology, 

2 engineering, art, and mathematics— 

3 (1) to prepare and inspire such students for 

4 aeronautical careers; and 

5 (2) to mitigate an anticipated shortage of pilots 

6 and other aviation professionals. 

7 SEC. 5016. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 

8 2 AIRCRAFT. 

9 (a) IN GENERAL.—Notwithstanding chapter 475 of 

10 title 49, United States Code, not later than 180 days after 

11 the date of enactment of this Act, the Administrator of the 

12 Federal Aviation Administration shall initiate a pilot pro13 gram to permit 1 or more operators of a stage 2 aircraft 

14 to operate that aircraft in nonrevenue service into not more 

15 than 4 medium hub airports or nonhub airports if— 

16 (1) the airport— 

17 (A) is certified under part 139 of title 14, 

18 Code of Federal Regulations; 

19 (B) has a runway that— 

20 (i) is longer than 8,000 feet and not 

21 less than 200 feet wide; and 

22 (ii) is load bearing with a pavement 

23 classification number of not less than 38; 

24 and 


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1 (C) has a maintenance facility with a 

2 maintenance certificate issued under part 145 of 

3 such title; and 

4 (2) the operator of the stage 2 aircraft operates 

5 not more than 10 flights per month using that air6 craft. 

7 (b) TERMINATION.—The pilot program shall terminate 

8 on the earlier of— 

9 (1) the date that is 10 years after the date of the 

10 enactment of this Act; or 

11 (2) the date on which the Administrator deter12 mines that no stage 2 aircraft remain in service. 

13 (c) DEFINITIONS.—In this section: 

14 (1) MEDIUM HUB AIRPORT; NONHUB AIRPORT.— 

15 The terms ‘‘medium hub airport’’ and ‘‘nonhub air16 port’’ have the meanings given those terms in section 

17 40102 of title 49, United States Code. 

18 (2) STAGE 2 AIRCRAFT.—The term ‘‘stage 2 air19 craft’’ has the meaning given the term ‘‘stage 2 air20 plane’’ in section 91.851 of title 14, Code of Federal 

21 Regulations (as in effect on the day before the date of 

22 the enactment of this Act). 


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1 SEC. 5017. RULEMAKING ON OVERLAND SUPERSONIC 

2 FLIGHT. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall publish in the Federal Register a notice of proposed 

6 rulemaking that— 

7 (1) permits the development, testing, manufac8 turing, and operation of civil supersonic aircraft in 

9 the United States; 

10 (2) specifies a noise standard for sonic boom over 

11 the United States that— 

12 (A) is economically reasonable and techno13 logically practicable; 

14 (B) is informed by noise levels that are tol15 erated in the United States for non-aviation 

16 purposes; and 

17 (C) will foster employment in aircraft and 

18 aircraft engine manufacturing in the United 

19 States; and 

20 (3) specifies a noise standard for landing and 

21 take-off of civil supersonic aircraft that is no more 

22 stringent than large subsonic aircraft in use for 

23 transporting passengers in the United States on Jan24 uary 1, 2017. 

25 (b) FINAL RULE.—Not later than 18 months after the 

26 date of publication of the notice under subsection (a), the 


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1 Secretary shall publish the final rule in the Federal Reg2 ister. 

3 (c) CONTINGENT REPEAL OF RULE.—If the Secretary 

4 has not published the final rule in under subsection (b) by 

5 the date that is 36 months after the date of the enactment 

6 of this Act, section 91.817 of title 14, Code of Federal Regu7 lations, shall have no force or effect on or after that date. 

8 SEC. 5018. TERMINAL AERODROME FORECAST. 

9 (a) TERMINAL AERODROME FORECAST.—The Admin10 istrator of the Federal Aviation Administration shall per11 mit an air carrier operation under part 121 of title 14, 

12 Code of Federal Regulations, to operate to a destination de13 termined to be under visual flight rules without a Terminal 

14 Aerodrome Forecast (referred to in this section as ‘‘TAF’’) 

15 or Meteorological Aerodrome Report (METAR) if a current 

16 Area Forecast, supplemented by other local weather observa17 tions or reports, is available, and an alternate airport that 

18 has an available TAF and weather report is specified. The 

19 air carrier shall have approved procedures for dispatch and 

20 enroute weather evaluation and shall operate under instru21 ment flight rules enroute to the destination. 

22 (b) LIMITATION.—Without a written finding of neces23 sity, based on objective and historical evidence of imminent 

24 threat to safety, the Administrator shall not promulgate 

25 any operation specification, policy, or guidance document 


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1 that is more restrictive than, or requires procedures that 

2 are not expressly stated in, the regulations. 

3 SEC. 5019. TECHNICAL AND CONFORMING AMENDMENTS. 

4 (a) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT

5 CONGESTED AIRPORTS.—Section 40104(c) is amended by 

6 striking ‘‘47176’’ and inserting ‘‘47175’’. 

7 (b) CONSULTATION ON CARRIER RESPONSE NOT COV8 ERED BY PLAN.—Section 41313(c)(16), as amended by sec9 tion 3103 of this Act, is further amended by striking ‘‘the 

10 foreign air carrier will consult’’ and inserting ‘‘will con11 sult’’. 

12 (c) WEIGHING MAIL.—Section 41907 is amended by 

13 striking ‘‘and –administrative’’ and inserting ‘‘and admin14 istrative’’. 

15 (d) FLIGHT ATTENDANT CERTIFICATION.—Section 

16 44728 is amended— 

17 (1) in subsection (c), by striking ‘‘chapter’’ and 

18 inserting ‘‘title’’; and 

19 (2) in subsection (d)(3), by striking ‘‘is’’ and in20 serting ‘‘be’’. 

21 (e) SCHEDULE OF FEES.—Section 45301(a)(1) is 

22 amended by striking ‘‘United States government’’ and in23 serting ‘‘United States Government’’. 


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1 (f) CLASSIFIED EVIDENCE.—Section 46111(g)(2)(A) is 

2 amended by striking ‘‘(18 U.S.C. App.)’’ and inserting ‘‘(18 

3 U.S.C. App.))’’. 

4 (g) ALLOWABLE COST STANDARDS.—Section 

5 47110(b)(2) is amended— 

6 (1) in subparagraph (B), by striking 

7 ‘‘compatability’’ and inserting ‘‘compatibility’’; and 

8 (2) in subparagraph (D)(i), by striking ‘‘cli9 mactic’’ and inserting ‘‘climatic’’. 

10 (h) DEFINITION OF QUALIFIED HUBZONE SMALL

11 BUSINESS CONCERN.—Section 47113(a)(3) is amended by 

12 striking ‘‘(15 U.S.C. 632(o))’’ and inserting ‘‘(15 U.S.C. 

13 632(p))’’. 

14 (i) DISCRETIONARY FUND.—Section 47115, as amend15 ed by section 1006 of this Act, is further amended— 

16 (1) by striking subsection (i); and 

17 (2) by redesignating subsection (j) as subsection 

18 (i). 

19 (j) SPECIAL APPORTIONMENT CATEGORIES.—Section 

20 47117(e)(1)(B) is amended by striking ‘‘at least’’ and in21 serting ‘‘At least’’. 

22 (k) SOLICITATION AND CONSIDERATION OF COM23 MENTS.—Section 47171(l) is amended by striking ‘‘4371’’ 

24 and inserting ‘‘4321’’. 


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1 (l) OPERATIONS AND MAINTENANCE.—Section 48104 

2 is amended by striking ‘‘(a) AUTHORIZATION OF APPRO3 PRIATIONS.—the’’ and inserting ‘‘The’’. 

4 (m) EXPENDITURES FROM AIRPORT AND AIRWAY

5 TRUST FUND.—Section 9502(d)(2) of the Internal Revenue 

6 Code of 1986 is amended by striking ‘‘farms’’ and inserting 

7 ‘‘farms)’’. 

8 SEC. 5020. AVIATION WEATHER OBSERVATIONS. 

9 The Administrator of the Federal Aviation Adminis10 tration shall use the National Airspace Data Interchange 

11 Network of the Federal Aviation Administration to publish 

12 weather observation data provided by— 

13 (a) weather stations of the National Weather Service 

14 that are approved by the Federal Aviation Administration 

15 as air traffic control facilities and are located in a non16 contiguous State; and 

17 (b) modular automated weather stations located in a 

18 noncontiguous State. 

19 SEC. 5021. ROLE OF NATIONAL ADVISORY COMMITTEE ON 

20 TRAVEL AND TOURISM INFRASTRUCTURE. 

21 Section 1431(d) of the Fixing America’s Surface 

22 Transportation Act (Public Law 114–94; 49 U.S.C. 301 

23 note) is amended— 

24 (1) in paragraph (7), by striking ‘‘; and’’ and 

25 inserting a semicolon; 


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1 (2) in paragraph (8), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(9) consider the effect of the domestic and inter5 national aviation market on travel and tourism in 

6 the United States.’’. 

7 SEC. 5022. SENSE OF CONGRESS REGARDING WOMEN IN 

8 AVIATION. 

9 It is the sense of Congress that the aviation industry 

10 should explore all opportunities to encourage and support 

11 female students and aviators to pursue a career in aviation, 

12 including by providing— 

13 (1) pilot training; 

14 (2) science, technology, engineering, and mathe15 matics education; and 

16 (3) mentorship programs. 

17 SEC. 5023. SPECTRUM AVAILABILITY. 

18 (a) FINDINGS.—Congress makes the following findings: 

19 (1) The Spectrum Pipeline Act of 2015 (47 

20 U.S.C. 921 note) requires the Secretary of Commerce 

21 to identify 30 megahertz of electromagnetic spectrum 

22 below the frequency of 3 gigahertz to be reallocated to 

23 non-Federal use, to shared Federal and non-Federal 

24 use, or to a combination thereof. 


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1 (2) The Spectrum Pipeline Act of 2015 (47 

2 U.S.C. 921 note) authorized the Director of the Office 

3 of Management and Budget to use amounts made 

4 available through the Spectrum Relocation Fund to 

5 make payments to Federal entities for research and 

6 development, engineering studies, economic analyses, 

7 and other activities intended to improve the efficiency 

8 and effectiveness of Federal spectrum use in order to 

9 make such spectrum available for reallocation for 

10 non-Federal use, for shared Federal and non-Federal 

11 use, or for a combination thereof. 

12 (3) The Federal Aviation Administration, in co13 ordination with the Department of Commerce, the De14 partment of Defense, and the Department of Home15 land Security, established the Spectrum Efficient Na16 tional Surveillance Radar (referred to in this section 

17 as ‘‘SENSR’’) Program to assess the feasibility of 

18 consolidating certain long-range, short-range, and 

19 weather radar systems in order to make available the 

20 1300–1350 megahertz band. 

21 (4) The SENSR Program received approval and 

22 approximately $71,500,000 from Office of Manage23 ment and Budget on June 2, 2017, to proceed with 

24 Phase I of the SENSR Spectrum Pipeline Plan, 

25 which will focus on requirements and concept developVerDate Sep 11 2014 02:07 May 10, 2018 Jkt 079200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6203 E:\BILLS\S1405.RS S1405

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1 ment as well as documenting expected costs and infor2 mation for all impacted Federal spectrum systems. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the SENSR Program of the Federal Aviation Adminis5 tration should continue its assessment of the feasibility of 

6 making the 1300–1350 megahertz band of electromagnetic 

7 spectrum available for non-Federal use. 

8 SEC. 5024. REPORT ON ILLEGAL CHARTER FLIGHTS. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Administrator of the Federal Aviation Ad11 ministration shall submit to the appropriate committees of 

12 Congress an analysis of reports filed during the 10-year pe13 riod preceding such date of enactment through the illegal 

14 charter hotline of the Federal Aviation Administration and 

15 other sources that includes— 

16 (1) what follow-up action the Federal Aviation 

17 Administration takes when a report of illegal charter 

18 operations is received; 

19 (2) how the Federal Aviation Administration de20 cides to allocate resources; 

21 (3) challenges the Federal Aviation Administra22 tion faces in identifying illegal operators; and 

23 (4) recommendations for improving the efforts of 

24 the Federal Aviation Administration to combat illegal 

25 charter carrier operations. 


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1 SEC. 5025. FEDERAL AUTHORITY OVER INTERSTATE TRANS2 PORTATION. 

3 Section 14501(c) is amended— 

4 (1) in paragraph (2), by striking ‘‘Paragraph 

5 (1)’’ and inserting ‘‘Paragraphs (1) and (6)’’; 

6 (2) in paragraph (3)(A), by striking ‘‘Paragraph 

7 (1)’’ and inserting ‘‘Paragraphs (1) and (6)’’; and 

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

9 ‘‘(6) ADDITIONAL LIMITATIONS.— 

10 ‘‘(A) IN GENERAL.—A State, a political 

11 subdivision of a State, or a political authority 

12 composed of 2 or more States may not enact or 

13 enforce a law, regulation, or other provision hav14 ing the force and effect of law relating to meal 

15 or rest breaks applicable to employees whose 

16 hours of service are subject to regulation by the 

17 Secretary under section 31502. 

18 ‘‘(B) SAVINGS PROVISION.—Nothing in this 

19 paragraph may be construed to limit the provi20 sions under paragraph (1).’’. 


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Calendar No. 407 

115TH CONGRESS 

2D SESSION S. 1405 

[Report No. 115–243] 

A BILL 

To amend title 49, United States Code, to authorministration, and for other purposes. ize appropriations for the Federal Aviation AdMAY 9, 2018 

Reported with an amendment 


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